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.