By Wohlgemuth H.B. No. 991
75R8298 E
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to dogs causing serious bodily injury to a person;
1-3 providing penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter A, Chapter 822, Health and Safety
1-6 Code, is amended to read as follows:
1-7 SUBCHAPTER A. DOGS THAT ARE A DANGER TO PERSONS
1-8 Sec. 822.001. DEFINITIONS. In this subchapter:
1-9 (1) "Animal control authority" means a municipal or
1-10 county animal control office with authority over the area in which
1-11 the dog is kept or the county sheriff in an area that does not have
1-12 an animal control office.
1-13 (2) "Serious bodily injury" means an injury that would
1-14 cause a reasonably prudent person to seek treatment from a medical
1-15 professional and would require hospitalization without regard to
1-16 whether the person actually sought medical treatment.
1-17 Sec. 822.002. Seizure of a Dog Causing Death of OR SERIOUS
1-18 BODILY INJURY TO A Person. (a) A justice court, [or] county
1-19 court, or municipal court shall order the animal control authority
1-20 [sheriff of the county] to seize a dog and shall issue a warrant
1-21 authorizing the seizure:
1-22 (1) on the sworn complaint of any person, including
1-23 the county attorney, the city attorney, or a peace officer, that
1-24 the dog has caused the death of or serious bodily injury to a
2-1 person by attacking, biting, or mauling the person; and
2-2 (2) on a showing of probable cause to believe that the
2-3 dog caused the death of or serious bodily injury to the person as
2-4 stated in the complaint.
2-5 (b) The animal control authority [sheriff] shall seize the
2-6 dog or order its seizure and shall provide for the impoundment of
2-7 the dog in secure and humane conditions until the court orders the
2-8 disposition of the dog.
2-9 Sec. 822.003 [822.002]. Hearing. (a) The court shall set a
2-10 time for a hearing to determine whether the dog caused the death of
2-11 or serious bodily injury to a person by attacking, biting, or
2-12 mauling the person. The hearing must be held not later than the
2-13 10th day after the date on which the warrant is issued.
2-14 (b) The court shall give written notice of the time and
2-15 place of the hearing to:
2-16 (1) the owner of the dog or the person from whom the
2-17 dog was seized; and
2-18 (2) the person who made the complaint.
2-19 (c) Any interested party, including the county attorney or
2-20 city attorney, is entitled to present evidence at the hearing.
2-21 (d) The court shall order the dog destroyed if the court
2-22 finds that the dog caused the death of a person by attacking,
2-23 biting, or mauling the person. If that finding is not made, the
2-24 court shall order the dog released to:
2-25 (1) its owner;
2-26 (2) the person from whom the dog was seized; or
2-27 (3) any other person authorized to take possession of
3-1 the dog.
3-2 (e) The court may order the dog destroyed if the court finds
3-3 that the dog caused serious bodily injury to a person by attacking,
3-4 biting, or mauling the person. If that finding is not made, the
3-5 court shall order the dog released to:
3-6 (1) its owner;
3-7 (2) the person from whom the dog was seized; or
3-8 (3) any other person authorized to take possession of
3-9 the dog.
3-10 (f) The court may not order the dog destroyed if the court
3-11 finds that the dog caused the serious bodily injury to a person by
3-12 attacking, biting, or mauling the person and:
3-13 (1) the dog was being used for the protection of a
3-14 person or person's property, the attack, bite, or mauling occurred
3-15 in an enclosure in which the dog was being kept, and:
3-16 (A) the enclosure was reasonably certain to
3-17 prevent the dog from leaving the enclosure on its own and provided
3-18 notice of the presence of a dog; and
3-19 (B) the injured person was at least eight years
3-20 of age, and was trespassing in the enclosure when the attack, bite,
3-21 or mauling occurred;
3-22 (2) the attack, bite, or mauling occurred during an
3-23 arrest or other action of a peace officer while the peace officer
3-24 was using the dog for law enforcement purposes;
3-25 (3) the dog was defending a person from an assault or
3-26 person's property from damage or theft by the injured person; or
3-27 (4) the injured person was younger than eight years of
4-1 age, the attack, bite, or mauling occurred in an enclosure in which
4-2 the dog was being kept, and the enclosure was reasonably certain to
4-3 keep a person younger than eight years of age from entering.
4-4 Sec. 822.004 [822.003]. Destruction of Dog. The destruction
4-5 of a dog under this subchapter must be performed by:
4-6 (1) a licensed veterinarian;
4-7 (2) personnel of a recognized animal shelter or humane
4-8 society who are trained in the humane destruction of animals; or
4-9 (3) personnel of a governmental agency responsible for
4-10 animal control who are trained in the humane destruction of
4-11 animals.
4-12 Sec. 822.005 [822.004]. Provocation or Location of Attack
4-13 Irrelevant. Except as provided by Section 822.003(f), this [This]
4-14 subchapter applies to any dog that causes a person's death or
4-15 serious bodily injury by attacking, biting, or mauling the person,
4-16 regardless of whether the dog was provoked and regardless of where
4-17 the incident resulting in the person's death or serious bodily
4-18 injury occurred.
4-19 SECTION 2. Subchapter D, Chapter 822, Health and Safety
4-20 Code, is amended by amending Sections 822.042 and 822.045 and by
4-21 adding Sections 822.0421, 822.0422, and 822.0423 to read as
4-22 follows:
4-23 Sec. 822.042. Requirements for Owner of Dangerous Dog.
4-24 (a) Not later than the 30th day after a person learns that the
4-25 person is the owner of a dangerous dog, the person shall:
4-26 (1) register the dangerous dog with the animal control
4-27 authority for the area in which the dog is kept;
5-1 (2) restrain the dangerous dog at all times on a leash
5-2 in the immediate control of a person or in a secure enclosure;
5-3 [and]
5-4 (3) obtain liability insurance coverage or show
5-5 financial responsibility in an amount of at least $100,000 to cover
5-6 damages resulting from an attack by the dangerous dog causing
5-7 bodily injury to a person and provide proof of the required
5-8 liability insurance coverage or financial responsibility to the
5-9 animal control authority for the area in which the dog is kept; and
5-10 (4) comply with an applicable municipal or county
5-11 regulation, requirement, or restriction on dangerous dogs.
5-12 (b) The owner of a dangerous dog who does not comply with
5-13 Subsection (a) shall deliver the dog to the animal control
5-14 authority not later than the 30th day after the owner learns that
5-15 the dog is a dangerous dog.
5-16 (c) If, on application of any person, a justice court,
5-17 county court, or municipal court finds, after notice and hearing as
5-18 provided by Section 822.0423, that the owner of a dangerous dog has
5-19 failed to comply with Subsection (a) or (b), the court shall order
5-20 the animal control authority to seize the dog and shall issue a
5-21 warrant authorizing the seizure. The authority shall seize the dog
5-22 or order its seizure and shall provide for the impoundment of the
5-23 dog in secure and humane conditions.
5-24 (d) The owner shall pay any cost or fee assessed by the
5-25 municipality or county related to the seizure, impoundment, and
5-26 destruction of the dog.
5-27 (e) The court shall order the animal control authority to
6-1 humanely destroy the dog if the owner has not complied with
6-2 Subsection (a) before the 11th day after the date on which the dog
6-3 is seized or delivered to the authority. The court shall order the
6-4 authority to return the dog to the owner if the owner complies with
6-5 Subsection (a) before the 11th day after the date on which the dog
6-6 is seized or delivered to the authority.
6-7 (f) The court may order the humane destruction of a dog if
6-8 the owner of the dog has not been located before the 15th day after
6-9 the seizure and impoundment of the dog.
6-10 (g) For purposes of this section, a person learns that the
6-11 person is the owner of a dangerous dog when:
6-12 (1) the owner knows of an attack described in Section
6-13 822.041(2)(A) or (B); [or]
6-14 (2) the owner receives notice that a justice court,
6-15 county court, or municipal court has found that the dog is a
6-16 dangerous dog under Section 822.0423; or
6-17 (3) the owner is informed by the animal control
6-18 authority that the dog is a dangerous dog under Section 822.0421.
6-19 Sec. 822.0421. DETERMINATION THAT DOG IS DANGEROUS.
6-20 (a) [(c)] If a person reports an incident described by Section
6-21 822.041(2), the animal control authority may investigate the
6-22 incident. If, after receiving the sworn statements of any
6-23 witnesses, the animal control authority determines the dog is a
6-24 dangerous dog, it shall notify the owner of that fact.
6-25 (b) [(d)] An owner, not later than the 15th [30th] day after
6-26 the date the owner is notified that a dog owned by the owner is a
6-27 dangerous dog, may appeal the determination of the animal control
7-1 authority to a justice, county, or municipal court of competent
7-2 jurisdiction. An owner may appeal the decision of the justice,
7-3 county, or municipal court in the same manner as appeal for other
7-4 [civil] cases from the justice, county, or municipal court.
7-5 Sec. 822.0422. REPORTING OF INCIDENT IN CERTAIN COUNTIES AND
7-6 MUNICIPALITIES. (a) This section applies only to a county with a
7-7 population of more than 2,800,000, to a county in which the
7-8 commissioners court has entered an order electing to be governed by
7-9 this section, and to a municipality in which the governing body has
7-10 adopted an ordinance electing to be governed by this section.
7-11 (b) A person may report an incident described by Section
7-12 822.041(2) to a municipal court, a justice court, or a county
7-13 court. The owner of the dog shall deliver the dog to the animal
7-14 control authority not later than the fifth day after the date on
7-15 which the owner receives notice that the report has been filed.
7-16 (c) If the owner fails to deliver the dog as required by
7-17 Subsection (b), the court shall order the animal control authority
7-18 to seize the dog and shall issue a warrant authorizing the seizure.
7-19 The authority shall seize the dog or order its seizure and shall
7-20 provide for the impoundment of the dog in secure and humane
7-21 conditions until the court orders the disposition of the dog. The
7-22 owner shall pay any cost incurred in seizing the dog. The court
7-23 shall determine, after notice and hearing as provided in Section
7-24 822.0423, whether the dog is a dangerous dog.
7-25 Sec. 822.0423. HEARING. (a) The court, on receiving a
7-26 report of an incident under Section 822.0422 or on application
7-27 under Section 822.042(c), shall set a time for a hearing to
8-1 determine whether the dog is a dangerous dog or whether the owner
8-2 of the dog has complied with Section 822.042. The hearing must be
8-3 held not later than the 10th day after the date on which the dog is
8-4 seized or delivered.
8-5 (b) The court shall give written notice of the time and
8-6 place of the hearing to:
8-7 (1) the owner of the dog or the person from whom the
8-8 dog was seized; and
8-9 (2) the person who made the complaint.
8-10 (c) Any interested party, including the county or city
8-11 attorney, is entitled to present evidence at the hearing.
8-12 (d) An owner or person filing the action may appeal the
8-13 decision of the municipal court, justice court, or county court in
8-14 the manner provided for the appeal of cases from the municipal,
8-15 justice, or county court.
8-16 Sec. 822.045. VIOLATIONS. (a) A person who owns or keeps
8-17 custody or control of a dangerous dog commits an offense if the
8-18 person fails to comply with Section 822.042 or Section 822.0422(b)
8-19 or an applicable municipal or county regulation relating to
8-20 dangerous dogs.
8-21 (b) Except as provided by Subsection (c), an [An] offense
8-22 under this section is a Class C misdemeanor.
8-23 (c) An offense under this section is a Class B misdemeanor
8-24 if it is shown on the trial of the offense that the defendant has
8-25 previously been convicted under this section.
8-26 SECTION 3. This Act takes effect September 1, 1997.
8-27 SECTION 4. The change in law made by Section 1 of this Act
9-1 applies only to a serious bodily injury to a person by a dog that
9-2 occurs on or after September 1, 1997. A serious bodily injury that
9-3 occurs before September 1, 1997, is covered by the law in effect at
9-4 that time, and the former law is continued in effect for that
9-5 purpose.
9-6 SECTION 5. (a) The change in law made by this Act applies
9-7 only to an offense committed on or after the effective date of this
9-8 Act. For purposes of this section, an offense is committed before
9-9 the effective date of this Act if any element of the offense occurs
9-10 before that date.
9-11 (b) An offense committed before the effective date of this
9-12 Act is covered by the law in effect when the offense was committed,
9-13 and the former law is continued in effect for that purpose.
9-14 SECTION 6. The importance of this legislation and the
9-15 crowded condition of the calendars in both houses create an
9-16 emergency and an imperative public necessity that the
9-17 constitutional rule requiring bills to be read on three several
9-18 days in each house be suspended, and this rule is hereby suspended.