Sec. 38.151. Interference with Police Service Animals

In this section:

"Area of control" includes a vehicle, trailer, kennel, pen, or yard.

"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.

"Police service animal" means a dog, horse, or other domesticated animal that is specially trained for use by a handler or rider.

A person commits an offense if the person recklessly:

taunts, torments, or strikes a police service animal;

throws an object or substance at a police service animal;

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:

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;

injures or kills a police service animal; or

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.

An offense under this section is:

a Class C misdemeanor if the person commits an offense under Subsection (b)(1);

a Class B misdemeanor if the person commits an offense under Subsection (b)(2);

a Class A misdemeanor if the person commits an offense under Subsection (b)(3), (4), or (5);

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

a felony of the second degree if the person commits an offense under Subsection (b)(6) or (7) by:

killing a police service animal or engaging in conduct likely to kill the animal;

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

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.