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79R10518 UM-F
By: Driver H.B. No. 1807
Substitute the following for H.B. No. 1807:
By: Frost C.S.H.B. No. 1807
A BILL TO BE ENTITLED
AN ACT
relating to the offense of attack on an assistance animal.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 42.091, Penal Code, is
amended to read as follows:
Sec. 42.091. ASSAULT [ATTACK] ON ASSISTANCE ANIMAL.
SECTION 2. Sections 42.091(a)-(c), Penal Code, are amended
to read as follows:
(a) A person commits an offense if the person intentionally,
knowingly, or recklessly [attacks,] injures[,] or kills an
assistance animal belonging to another without legal authority or
the owner's consent.
(b) A person commits an offense if the person intentionally,
knowingly, or recklessly incites or permits an animal owned by or
otherwise in the custody of the actor to [attack,] injure[,] or kill
an assistance animal [and, as a result of the person's conduct, the
assistance animal is attacked, injured, or killed].
(c) An offense under this section is a:
(1) [Class A misdemeanor if the actor or an animal
owned by or otherwise in the custody of the actor attacks an
assistance animal;
[(2)] state jail felony if the actor or an animal owned
by or otherwise in the custody of the actor injures an assistance
animal; or
(2) [(3)] felony of the third degree if the actor or an
animal owned by or otherwise in the custody of the actor kills an
assistance animal.
SECTION 3. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
covered by the law in effect when the offense was committed, and the
former law is continued in effect for that purpose. For purposes of
this section, an offense was committed before the effective date of
this Act if any element of the offense was committed before that
date.
SECTION 4. This Act takes effect September 1, 2005.