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Enrolled Bill Summary

Enrolled Bill Summary

Legislative Session: 80(R)

House Bill 1355

House Author:  Gattis et al.

Effective:  9-1-07

Senate Sponsor:  Shapleigh


            House Bill 1355 amends the Health and Safety Code to create the offense of attack by a dog.  The bill provides that a dog owner commits an offense if the person, with criminal negligence, fails to secure the dog and the dog makes an unprovoked attack against another person at a location other than the owner's real property or on or in the owner's motor vehicle or boat that causes serious bodily injury or death.  The bill also provides that an owner, knowing the dog is  dangerous, commits an offense if the dog makes an unprovoked attack on another person at a location other than a secure enclosure where the dog is restrained that causes serious bodily injury or death.  The bill provides that an unprovoked attack that causes serious bodily injury is a felony of the third degree and such an attack that causes death is a felony of the second degree.  The bill allows the court to order a dog destroyed if the owner is found guilty of an offense under this law and sets out defenses against prosecution for the offense of attack by a dog.