BWH C.S.H.B. 991 75(R)BILL ANALYSIS COUNTY AFFAIRS C.S.H.B. 991 By: Wohlgemuth 3-20-97 Committee Report (Substituted) BACKGROUND Municipal, justice and county courts may not order the destruction of a dog, on a sworn complaint of an individual and with probable cause, after an attack that results in serious bodily injury to a human being. Chapter 822, Health and Safety Code, requires the destruction of a dog after an attack that causes the death of a person and, in some cases, permits destruction after a dog has attacked livestock. By not allowing a dog to be destroyed after an attack that results in a person's serious bodily injury, other individuals are unnecessarily exposed to attacks which could lead to serious injuries or deaths. PURPOSE CSHB 991 would permit the destruction of certain dogs after an attack that results in serious bodily injury and expand and clarify county and municipal ability to regulate dangerous dogs. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Subchapter A, Chapter 822, Health and Safety Code, by: 1) adding new section 822.001, which defines "animal control authority" and "serious bodily injury"; 2) amending Section 822.002 to permit the seizure and destruction of a dog after an attack which results in serious bodily injury to a person; 3) amending Section 822.003 by making conforming amendments, and adding a new Subsection (e) which allows a dog to be destroyed if the court finds that the dog caused the serious bodily injury to a person; and a new Subsection (f) which establishes instances when a dog may not be ordered destroyed by a court; 4) renumbers Section 822.003 to Section 822.004; and 5) renumbers Section 822.004 to Section 822.005 and extends the application of this subchapter to include serious bodily injury regardless of the provocation of or location of the attack except as provided in Section 822.003. SECTION 2. Amends Subchapter D, Chapter 822, Health and Safety Code, by: 1) amending Section 822.042 to: (a) add requirements for proof of insurance and require compliance with applicable municipal and county regulations; (b) require the owners of dangerous dogs who do not comply with the requirements of Section 822.042(a) to deliver the dog to local animal control authorities; (c) require courts, after an application, notice and hearing for failing to comply with dangerous dog requirements, to order the seizure and impoundment of the dog; (d) require dog owners to pay for any cost in seizing the dog; (e) allow the court to order the destruction of the impounded dog if the owner has not complied with Subsection (a) within 11 days of the dog being seized by the animal control authority; (f) allow the court to order the destruction of the impounded dog if the owner has not been located within 15 days of the dog being seized by the animal control authority; and (g) add receipt by the owner of notice of a court finding to the methods of determining knowledge by the owner that the owner's dog is dangerous. 2) amending newly renumbered Section 822.0421 to reduce the number of days that the owner has to file an appeal from 30 to 15; 3) adding a new Section 822.0422 which sets out the requirements for reporting an incident, delivering the dog to the authorities, and the payment of any costs resulting from the need to seize the dog from the owner's custody; 4) adding a new Section 822.0423 which sets out the hearing procedures, and allows for an appeal of the court's decision; and 5) amends Section 822.045 to make the violation of an applicable municipal or county regulation an offense under this section and to increase the penalty for subsequent offenses. SECTION 3. This act takes effect September 1, 1997 SECTION 4. Makes the change in law made by SECTION 1 of the Act apply only to serious bodily injury after September 1, 1997. Serious bodily injury occurring before September 1, 1997 is covered by the law in effect at that time. SECTION 5. Makes change in law applicable only to offenses committed after the effective date of the Act. Offenses are committed before the effective date of the Act if any element of the offense occurs before the effective date. States that an offense committed before the effective date is covered by the law in effect at the time of the offense. SECTION 6. Emergency Clause COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 991 differs from H.B. 991 as follows: 1) H.B. 991 did not include references to city attorneys, courts or ordinances. The committee substitute adds these references where appropriate; 2) C.S.H.B. 991 adds a new Section 822.003(e) making it permissive, rather than required, to order the destruction of a dog after serious bodily injury; 3) C.S.H.B. 991 clarifies the instances in which a dog may not be destroyed and adds a new subsection 822.003(f)(4) to the exceptions where a dog may not be destroyed for causing serious bodily injury to a person; 4) C.S.H.B. 991 requires owners of dangerous dogs to comply with applicable municipal or county regulations under new Section 822.042(a)(4); 5) C.S.H.B. 991 amends Section 822.042(b) of H.B. 991 to require the owners of dangerous dogs to pay the costs associated with not only seizure, but the impoundment or destruction of a dangerous dog as well; 6) C.S.H.B. 991 adds an new Section 822.042(f) to provide that the animal control authority may humanely destroy a dog if the owner cannot be located within 15 days of seizure under this section; 7) C.S.H.B. 991 restored current law in Section 822.042(c) of H.B. 991 as a new Section 822.4021 in the substitute to allow local animal control authorities to issue a dangerous dog designation; 8) C.S.H.B. 991 provides a direct appeal, under new Section 822.0422, to the courts in counties with a population greater than 2.8 million or any municipality or county that adopts this provision; and 9) C.S.H.B. 991 increases the penalty for subsequent offenses under new Section 822.045(c) to a Class B misdemeanor.