§ 38.151 — INTERFERENCE WITH POLICE SERVICE ANIMALS.

Texas § 38.151

• Jurisdiction: Texas
• Code PE: Penal Code

Text

Sec. 38.151. INTERFERENCE WITH POLICE SERVICE ANIMALS. (a) In this section:
(1) "Area of control" includes a vehicle, trailer, kennel, pen, or yard.
(2) "Handler or rider" means a peace officer, corrections officer, or jailer who is specially trained to use a police service animal for law enforcement, corrections, prison or jail security, or investigative purposes.
(3) "Police service animal" means a dog, horse, or other domesticated animal that is specially trained for use by a handler or rider.
(b) A person commits an offense if the person recklessly:
(1) taunts, torments, or strikes a police service animal;
(2) throws an object or substance at a police service animal;
(3) interferes with or obstructs a police service animal or interferes with or obstructs the handler or rider of a police service animal in a manner that:
(A) inhibits or restricts the handler's or rider's control of the animal; or
(B) deprives the handler or rider of control of the animal;
(4) releases a police service animal from its area of control;
(5) 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;
(6) injures or kills a police service animal; or
(7) engages in conduct likely to injure or kill a police service animal, including administering or setting a poison, trap, or any other object or substance.
(c) An offense under this section is:
(1) a Class C misdemeanor if the person commits an offense under Subsection (b)(1);
(2) a Class B misdemeanor if the person commits an offense under Subsection (b)(2);
(3) a Class A misdemeanor if the person commits an offense under Subsection (b)(3), (4), or (5);
(4) except as provided by Subdivision (5), a state jail felony if the person commits an offense under Subsection (b)(6) or (7) by injuring a police service animal or by engaging in conduct likely to injure the animal; or
(5) a felony of the second degree if the person commits an offense under Subsection (b)(6) or (7) by:
(A) killing a police service animal or engaging in conduct likely to kill the animal;
(B) injuring a police service animal in a manner that materially and permanently affects the ability of the animal to perform as a police service animal; or
(C) engaging in conduct likely to injure a police service animal in a manner that would materially and permanently affect the ability of the animal to perform as a police service animal.

Legislative History

Added by Acts 2001, 77th Leg., ch. 979, Sec. 1, eff. Sept. 1, 2001. Amended by: Acts 2007, 80th Leg., R.S., Ch. 1331 (S.B. 1562 ), Sec. 5, eff. September 1, 2007.