Sec. 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, Sec. 2, eff. Sept. 1, 2003.
Structure Texas Statutes
Title 9 - Offenses Against Public Order and Decency
Chapter 42 - Disorderly Conduct and Related Offenses
Section 42.01. Disorderly Conduct
Section 42.03. Obstructing Highway or Other Passageway
Section 42.04. Defense When Conduct Consists of Speech or Other Expression
Section 42.05. Disrupting Meeting or Procession
Section 42.055. Funeral Service Disruptions
Section 42.06. False Alarm or Report
Section 42.0601. False Report to Induce Emergency Response
Section 42.061. Silent or Abusive Calls to 9-1-1 Service
Section 42.062. Interference With Emergency Request for Assistance
Section 42.08. Abuse of Corpse
Section 42.09. Cruelty to Livestock Animals
Section 42.091. Attack on Assistance Animal
Section 42.092. Cruelty to Nonlivestock Animals
Section 42.11. Destruction of Flag
Section 42.12. Discharge of Firearm in Certain Municipalities