1. (a) In this section:

   1. (1) "Area of control" includes a vehicle, trailer, kennel, pen, or yard.
   2. (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. (3) "Police service animal" means a dog, horse, or other domesticated animal that is specially trained for use by a handler or rider.

2. (b) A person commits an offense if the person recklessly:

   1. (1) taunts, torments, or strikes a police service animal;
   2. (2) throws an object or substance at a police service animal;

   3. (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:

      1. (A) inhibits or restricts the handler's or rider's control of the animal; or
      2. (B) deprives the handler or rider of control of the animal;
   4. (4) releases a police service animal from its area of control;
   5. (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. (6) injures or kills a police service animal; or
   7. (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.

3. (c) An offense under this section is:

   1. (1) a Class C misdemeanor if the person commits an offense under Subsection (b)(1);
   2. (2) a Class B misdemeanor if the person commits an offense under Subsection (b)(2);
   3. (3) a Class A misdemeanor if the person commits an offense under Subsection (b)(3), (4), or (5);
   4. (4) 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. (5) a felony of the third degree if the person commits an offense under Subsection (b)(6) or (7) by killing a police service animal or by engaging in conduct likely to kill the animal.

Added by Acts 2001, 77th Leg., ch. 979, Sec. 1, eff. Sept. 1, 2001.