HBA-TBM, MPM H.B. 280 77(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 280 By: Christian Public Safety 7/16/2001 Enrolled BACKGROUND AND PURPOSE Under current law, cruelty to animals is a Class A misdemeanor offense. However, prior to the 77th Legislature there was no state law regarding improper, cruel, and injurious behavior aimed specifically at police service animals. House Bill 280 provides that a person commits an offense if the person acts to abuse or 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. ANALYSIS House Bill 280 amends the Penal Code to establish offenses relating to the interference of the efficient use of police service animals. The bill provides that a person commits: _a Class C misdemeanor if the person recklessly taunts, torments, or strikes a police service animal; _a Class B misdemeanor if the person recklessly throws an object or substance at a police service animal; _a Class A misdemeanor if the person recklessly interferes with or obstructs a police service animal or the handler or rider of the animal in a way that inhibits, restricts, or deprives the handler's or rider's control of the animal, releases a police service animal from its area of control, or 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 the area; _a state jail felony if the person injures a police service animal or engages in conduct likely to injure the animal; and _a felony of the third degree if the person kills a police service animal or engages in conduct likely to kill the animal. The bill also amends the Health and Safety Code to exempt a police service animal from the quarantine requirements of the Rabies Control Act of 1981 if the animal bites a person while the animal is under routine veterinary care or being used for law enforcement, corrections, prison or jail security, or investigative purposes. The law enforcement agency and the animal's handler or rider are required to make an animal available within a reasonable period of time for testing by the local health authority if the animal exhibits abnormal behavior after biting a person. EFFECTIVE DATE September 1, 2001.