1-1 By: Christian, et al. (Senate Sponsor - Whitmire) H.B. No. 280 1-2 (In the Senate - Received from the House May 7, 2001; 1-3 May 7, 2001, read first time and referred to Committee on Criminal 1-4 Justice; May 11, 2001, reported favorably by the following vote: 1-5 Yeas 4, Nays 0; May 11, 2001, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to the efficient use of police service animals. 1-9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-10 SECTION 1. Chapter 38, Penal Code, is amended by adding 1-11 Section 38.151 to read as follows: 1-12 Sec. 38.151. INTERFERENCE WITH POLICE SERVICE ANIMALS. (a) 1-13 In this section: 1-14 (1) "Area of control" includes a vehicle, trailer, 1-15 kennel, pen, or yard. 1-16 (2) "Handler or rider" means a peace officer, 1-17 corrections officer, or jailer who is specially trained to use a 1-18 police service animal for law enforcement, corrections, prison or 1-19 jail security, or investigative purposes. 1-20 (3) "Police service animal" means a dog, horse, or 1-21 other domesticated animal that is specially trained for use by a 1-22 handler or rider. 1-23 (b) A person commits an offense if the person recklessly: 1-24 (1) taunts, torments, or strikes a police service 1-25 animal; 1-26 (2) throws an object or substance at a police service 1-27 animal; 1-28 (3) interferes with or obstructs a police service 1-29 animal or interferes with or obstructs the handler or rider of a 1-30 police service animal in a manner that: 1-31 (A) inhibits or restricts the handler's or 1-32 rider's control of the animal; or 1-33 (B) deprives the handler or rider of control of 1-34 the animal; 1-35 (4) releases a police service animal from its area of 1-36 control; 1-37 (5) enters the area of control of a police service 1-38 animal without the effective consent of the handler or rider, 1-39 including placing food or any other object or substance into that 1-40 area; 1-41 (6) injures or kills a police service animal; or 1-42 (7) engages in conduct likely to injure or kill a 1-43 police service animal, including administering or setting a poison, 1-44 trap, or any other object or substance. 1-45 (c) An offense under this section is: 1-46 (1) a Class C misdemeanor if the person commits an 1-47 offense under Subsection (b)(1); 1-48 (2) a Class B misdemeanor if the person commits an 1-49 offense under Subsection (b)(2); 1-50 (3) a Class A misdemeanor if the person commits an 1-51 offense under Subsection (b)(3), (4), or (5); 1-52 (4) a state jail felony if the person commits an 1-53 offense under Subsection (b)(6) or (7) by injuring a police service 1-54 animal or by engaging in conduct likely to injure the animal; or 1-55 (5) a felony of the third degree if the person commits 1-56 an offense under Subsection (b)(6) or (7) by killing a police 1-57 service animal or by engaging in conduct likely to kill the animal. 1-58 SECTION 2. Subchapter E, Chapter 826, Health and Safety 1-59 Code, is amended by adding Section 826.048 to read as follows: 1-60 Sec. 826.048. EXEMPTION FROM QUARANTINE REQUIREMENT FOR 1-61 POLICE SERVICE ANIMALS. (a) In this section, "handler or rider" 1-62 and "police service animal" have the meanings assigned by Section 1-63 38.151, Penal Code. 1-64 (b) A police service animal is exempt from the quarantine 2-1 requirement of this subchapter if the animal bites a person while 2-2 the animal is under routine veterinary care or while the animal is 2-3 being used for law enforcement, corrections, prison or jail 2-4 security, or investigative purposes. If after biting the person 2-5 the animal exhibits any abnormal behavior, the law enforcement 2-6 agency and the animal's handler or rider shall make the animal 2-7 available within a reasonable time for testing by the local health 2-8 authority. 2-9 SECTION 3. This Act takes effect September 1, 2001. 2-10 * * * * *