| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to an attack by a dangerous dog; increasing a criminal |
|
|
penalty. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 822.001, Health and Safety Code, is |
|
|
amended by adding Subdivision (1-a) to read as follows: |
|
|
(1-a) "Bodily injury" has the meaning assigned by |
|
|
Section 1.07, Penal Code. |
|
|
SECTION 2. Sections 822.005(a) and (b), Health and Safety |
|
|
Code, are amended to read as follows: |
|
|
(a) A person commits an offense if the person is the owner of |
|
|
a dog and the person: |
|
|
(1) with criminal negligence, as defined by Section |
|
|
6.03, Penal Code, fails to secure the dog and the dog makes an |
|
|
unprovoked attack on another person that occurs at a location other |
|
|
than the owner's real property or in or on the owner's motor vehicle |
|
|
or boat and that causes bodily injury, serious bodily injury[,] as |
|
|
defined by Section 1.07, Penal Code, or death to the other person; |
|
|
or |
|
|
(2) knows the dog is a dangerous dog by learning in a |
|
|
manner described by Section 822.042(g) that the person is the owner |
|
|
of a dangerous dog, and the dangerous dog makes an unprovoked attack |
|
|
on another person that occurs at a location other than a secure |
|
|
enclosure in which the dog is restrained in accordance with |
|
|
Subchapter D and that causes bodily injury or serious bodily |
|
|
injury, as defined by Section 822.001, or death to the other person. |
|
|
(b) An offense under this section is: |
|
|
(1) a Class B misdemeanor if the attack causes bodily |
|
|
injury; |
|
|
(2) a felony of the third degree if the attack causes |
|
|
serious bodily injury; or |
|
|
(3) a felony of the second degree if [unless] the |
|
|
attack causes death[, in which event the offense is a felony of the |
|
|
second degree]. |
|
|
SECTION 3. Section 822.0421, Health and Safety Code, is |
|
|
amended by adding Subsection (e) to read as follows: |
|
|
(e) In this subsection, "identifying information" has the |
|
|
meaning assigned by Section 32.51, Penal Code. The identifying |
|
|
information of a witness who gives a sworn statement under |
|
|
Subsection (a): |
|
|
(1) is confidential and not subject to disclosure |
|
|
under Chapter 552, Government Code; and |
|
|
(2) may be disclosed only for purposes of enforcing |
|
|
this chapter to the governing body of the municipality or county in |
|
|
which the incident occurred, as applicable, and any other |
|
|
governmental or law enforcement agency. |
|
|
SECTION 4. Subchapter D, Chapter 822, Health and Safety |
|
|
Code, is amended by adding Section 822.04215 to read as follows: |
|
|
Sec. 822.04215. DETERMINATION THAT DOG IS DANGEROUS IN |
|
|
CERTAIN MUNICIPALITIES. (a) This section applies only to a |
|
|
municipality that contains more than 70 percent of the population |
|
|
of a county with a population of 1.5 million or more. |
|
|
(b) Notwithstanding Section 822.0421(a), if a person |
|
|
reports an incident described by Section 822.041(2), the animal |
|
|
control authority shall investigate the incident. If after |
|
|
reviewing the sworn statements of any witness or reviewing any |
|
|
other applicable reports or information, the animal control |
|
|
authority determines the dog is a dangerous dog, the animal control |
|
|
authority shall notify the owner in writing of the determination. |
|
|
SECTION 5. Section 822.044, Health and Safety Code, is |
|
|
amended by amending Subsection (b) and adding Subsection (b-1) to |
|
|
read as follows: |
|
|
(b) Except as provided by Subsection (b-1), an [An] offense |
|
|
under this section is a Class C misdemeanor. |
|
|
(b-1) An offense under this section is a Class A misdemeanor |
|
|
if it is shown on trial of the offense that the defendant has been |
|
|
previously convicted of an offense under this section. |
|
|
SECTION 6. The changes in law made by this Act to Sections |
|
|
822.005 and 822.044, Health and Safety Code, as amended by this Act, |
|
|
apply only to an offense committed on or after the effective date of |
|
|
this Act. An offense committed before the effective date of this |
|
|
Act is governed by the law in effect on the date the offense was |
|
|
committed, and the former law is continued in effect for that |
|
|
purpose. For purposes of this section, an offense was committed |
|
|
before the effective date of this Act if any element of the offense |
|
|
occurred before that date. |
|
|
SECTION 7. Section 822.0421(e), Health and Safety Code, as |
|
|
added by this Act, applies to information contained in a sworn |
|
|
statement released on or after the effective date of this Act, |
|
|
regardless of whether the sworn statement was made before, on, or |
|
|
after that date. |
|
|
SECTION 8. Section 822.04215, Health and Safety Code, as |
|
|
added by this Act, applies only to a determination based on an |
|
|
incident that occurred on or after the effective date of this Act. |
|
|
An incident that occurred before the effective date of this Act is |
|
|
governed by the law in effect on the date the incident occurred, and |
|
|
the former law is continued in effect for that purpose. |
|
|
SECTION 9. This Act takes effect on the 91st day after the |
|
|
last day of the legislative session. |