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79R4735 UM-F

By:  Driver                                                       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 belonging to another without legal authority 
or the owner's consent [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.