Texas Penal Code - Section 42.091. Attack On Assistance Animal
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§ 42.091. ATTACK ON ASSISTANCE ANIMAL. (a) A person
commits an offense if the person intentionally, knowingly, or
recklessly attacks, injures, or kills an assistance animal.
(b) A person commits an offense if the person intentionally,
knowingly, or recklessly incites or permits an animal owned by or
otherwise in the custody of the actor to attack, injure, or kill an
assistance animal and, as a result of the person's conduct, the
assistance animal is attacked, injured, or killed.
(c) An offense under this section is a:
(1) Class A misdemeanor if the actor or an animal owned
by or otherwise in the custody of the actor attacks an assistance
animal;
(2) state jail felony if the actor or an animal owned
by or otherwise in the custody of the actor injures an assistance
animal; or
(3) felony of the third degree if the actor or an
animal owned by or otherwise in the custody of the actor kills an
assistance animal.
(d) A court shall order a defendant convicted of an offense
under Subsection (a) to make restitution to the owner of the
assistance animal for:
(1) related veterinary or medical bills;
(2) the cost of:
(A) replacing the assistance animal; or
(B) retraining an injured assistance animal by an
organization generally recognized by agencies involved in the
rehabilitation of persons with disabilities as reputable and
competent to provide special equipment for or special training to
an animal to help a person with a disability; and
(3) any other expense reasonably incurred as a result
of the offense.
(e) In this section:
(1) "Assistance animal" has the meaning assigned by
Section 121.002, Human Resources Code.
(2) "Custody" has the meaning assigned by Section 42.
09.
Added by Acts 2003, 78th Leg., ch. 710, § 2, eff. Sept. 1, 2003.
Section: 42.06 42.061 42.062 42.07 42.072 42.08 42.09 42.091 42.10 42.11 42.12 42.13 43.01 43.02 43.03
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Last modified: August 10, 2007
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