HBA-KMH H.B. 719 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 719
By: Christian
Public Safety
4/5/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, there is no law that allows the police to arrest someone
specifically for causing injury to or the death of a police service animal.
H.B. 719 creates an offense if a person acts without authorization to
affect or otherwise harm a police service animal. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 38, Penal Code, by adding Section 38.151, as
follows: 

Sec.  38.151.  INTERFERENCE WITH POLICE SERVICE ANIMALS.  Defines "area of
control," "handler or rider," and "police service animal."  Provides that
it is a Class C misdemeanor if a person taunts, torments, or strikes a
police service animal.  Provides that it is a Class B misdemeanor if a
person throws an object or substance at a police service animal.  Provides
that it is a Class A misdemeanor if a person: 

_Interferes with or obstructs a police service animal or the handler or
rider in a manner which inhibits or restricts the handler's or rider's
control of the animal or deprives the handler or rider of control of the
animal; 
_Releases a police service animal from its area of control;
_Enters the area of control of a police service animal without the
effective consent of the handler or rider, including placing food or any
other object or substance into that area. 

Provides that it is a state jail felony if a person injures or engages in
conduct likely to injure a police service animal, including administering
or setting a poison, trap or any other object or substance. Provides that
it is a felony of the third degree if a person kills or engages in conduct
likely to kill a police service animal, including administering or setting
a poison, trap or any other object or substance. 

SECTION 2.  Amends Subchapter E, Chapter 826, Health and Safety Code, by
adding Section 826.048, to assign the meanings of "handler or rider" and
"police service animal" to the meanings set forth in Section 38.151, Penal
Code.  Provides an exemption for police service animals from mandatory
quarantine if the animal bites a person while the animal is under regular
veterinary care and is acting in the course and scope of its official
duties.  Requires the law enforcement agency and the animal's handler or
rider to make the animal available within a reasonable time for testing by
the local health authority. 

SECTION 3.  Effective date: September 1, 1999.

SECTION 4.  Emergency clause.