Tex. Penal Code Section 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.
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.

Source: Section 38.151 — Interference with Police Service Animals, https://statutes.­capitol.­texas.­gov/Docs/PE/htm/PE.­38.­htm#38.­151 (accessed Mar. 23, 2024).

38.01
Definitions
38.02
Failure to Identify
38.03
Resisting Arrest, Search, or Transportation
38.04
Evading Arrest or Detention
38.05
Hindering Apprehension or Prosecution
38.06
Escape
38.07
Permitting or Facilitating Escape
38.08
Effect of Unlawful Custody
38.09
Implements for Escape
38.10
Bail Jumping and Failure to Appear
38.11
Prohibited Substances and Items in Correctional or Civil Commitment Facility
38.12
Barratry and Solicitation of Professional Employment
38.13
Hindering Proceedings by Disorderly Conduct
38.14
Taking or Attempting to Take Weapon from Peace Officer, Federal Special Investigator, Employee or Official of Correctional Facility, Parole Officer, Community Supervision and Corrections Department Officer, or Commissioned Security Officer
38.15
Interference with Public Duties
38.16
Preventing Execution of Civil Process
38.17
Failure to Stop or Report Aggravated Sexual Assault of Child
38.18
Use of Collision Report Information and Other Information for Pecuniary Gain
38.19
Failure to Provide Notice and Report of Death of Resident of Institution
38.111
Improper Contact with Victim
38.112
Tampering with Electronic Monitoring Device
38.113
Unauthorized Absence from Community Corrections Facility, County Correctional Center, or Assignment Site
38.114
Contraband in Correctional Facility
38.115
Operation of Unmanned Aircraft over Correctional Facility or Detention Facility
38.122
Falsely Holding Oneself out as a Lawyer
38.123
Unauthorized Practice of Law
38.151
Interference with Police Service Animals
38.152
Interference with Radio Frequency Licensed to Government Entity
38.171
Failure to Report Felony
38.172
Failure to Report Assault, Neglect, or Omission of Care in Certain Group Homes

Accessed:
Mar. 23, 2024

§ 38.151’s source at texas​.gov