By Wohlgemuth H.B. No. 991
75R1530 SKB-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to dogs causing serious bodily injury to a person.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subchapter A, Chapter 822, Health and Safety
1-5 Code, is amended to read as follows:
1-6 SUBCHAPTER A. DOGS THAT ARE A DANGER TO PERSONS
1-7 Sec. 822.001. DEFINITIONS. In this subchapter:
1-8 (1) "Animal control authority" means a municipal or
1-9 county animal control office with authority over the area in which
1-10 the dog is kept or the county sheriff in an area that does not have
1-11 an animal control office.
1-12 (2) "Serious bodily injury" means an injury that would
1-13 cause a reasonably prudent person to seek treatment from a medical
1-14 professional and would require hospitalization without regard to
1-15 whether the person actually sought medical treatment.
1-16 Sec. 822.002. SEIZURE OF A DOG CAUSING DEATH OF OR SERIOUS
1-17 BODILY INJURY TO PERSON. (a) A justice court or county court
1-18 shall order the animal control authority [sheriff of the county] to
1-19 seize a dog and shall issue a warrant authorizing the seizure:
1-20 (1) on the sworn complaint of any person, including
1-21 the county attorney or a peace officer, that the dog has caused the
1-22 death of or serious bodily injury to a person by attacking, biting,
1-23 or mauling the person; and
1-24 (2) on a showing of probable cause to believe that the
2-1 dog caused the death of or serious bodily injury to the person as
2-2 stated in the complaint.
2-3 (b) The animal control authority [sheriff] shall seize the
2-4 dog or order its seizure and shall provide for the impoundment of
2-5 the dog in secure and humane conditions until the court orders the
2-6 disposition of the dog.
2-7 Sec. 822.003 [822.002]. HEARING. (a) The
2-8 court shall set a time for a hearing to determine whether the dog
2-9 caused the death of or serious bodily injury to a person by
2-10 attacking, biting, or mauling the person. The hearing must be held
2-11 not later than the 10th day after the date on which the warrant is
2-12 issued.
2-13 (b) The court shall give written notice of the time and
2-14 place of the hearing to:
2-15 (1) the owner of the dog or the person from whom the
2-16 dog was seized; and
2-17 (2) the person who made the complaint.
2-18 (c) Any interested party, including the county attorney, is
2-19 entitled to present evidence at the hearing.
2-20 (d) The court shall order the dog destroyed if the court
2-21 finds that the dog caused the death of or serious bodily injury to
2-22 a person by attacking, biting, or mauling the person. If that
2-23 finding is not made, the court shall order the dog released to:
2-24 (1) its owner;
2-25 (2) the person from whom the dog was seized; or
2-26 (3) any other person authorized to take possession of
2-27 the dog.
3-1 (e) The court may not order the dog destroyed if the court
3-2 finds that the dog caused serious bodily injury to a person by
3-3 attacking, biting, or mauling the person and:
3-4 (1) the dog was being used as a guard dog, the attack,
3-5 bite, or mauling occurred in an enclosure in which the dog was
3-6 being kept and:
3-7 (A) the enclosure was reasonably certain to
3-8 prevent the dog from leaving the enclosure on its own and provided
3-9 notice of the presence of a guard dog; and
3-10 (B) the injured person was at least 10 years of
3-11 age and was trespassing in the enclosure when the attack, bite, or
3-12 mauling occurred;
3-13 (2) the attack, bite, or mauling occurred during an
3-14 arrest or other action of a peace officer while the peace officer
3-15 was using the dog for law enforcement purposes; or
3-16 (3) the dog was defending a person from an assault by
3-17 the deceased or injured person.
3-18 Sec. 822.004 [822.003]. DESTRUCTION OF DOG. The destruction
3-19 of a dog under this subchapter must be performed by:
3-20 (1) a licensed veterinarian;
3-21 (2) personnel of a recognized animal shelter or humane
3-22 society who are trained in the humane destruction of animals; or
3-23 (3) personnel of a governmental agency responsible for
3-24 animal control who are trained in the humane destruction of
3-25 animals.
3-26 Sec. 822.005 [822.004]. PROVOCATION OR LOCATION OF ATTACK
3-27 IRRELEVANT. Except as provided by Subsection 822.003(e), this
4-1 [This] subchapter applies to any dog that causes a person's death
4-2 or serious bodily injury by attacking, biting, or mauling the
4-3 person, regardless of whether the dog was provoked and regardless
4-4 of where the incident resulting in the person's death occurred.
4-5 SECTION 2. Subchapter D, Chapter 822, Health and Safety
4-6 Code, is amended by amending Sections 822.042 and 822.045 and by
4-7 adding Sections 822.0421 and 822.0422 to read as follows:
4-8 Sec. 822.042. REQUIREMENTS FOR OWNER OF DANGEROUS DOG.
4-9 (a) Not later than the 30th day after a person learns that the
4-10 person is the owner of a dangerous dog, the person shall:
4-11 (1) register the dangerous dog with the animal control
4-12 authority for the area in which the dog is kept;
4-13 (2) restrain the dangerous dog at all times on a leash
4-14 in the immediate control of a person or in a secure enclosure; and
4-15 (3) obtain liability insurance coverage or show
4-16 financial responsibility in an amount of at least $100,000 to cover
4-17 damages resulting from an attack by the dangerous dog causing
4-18 bodily injury to a person and provide proof of the required
4-19 liability insurance coverage or financial responsibility to the
4-20 animal control authority for the area in which the dog is kept.
4-21 (b) The owner of a dangerous dog who does not comply with
4-22 Subsection (a) shall deliver the dog to the animal control
4-23 authority not later than the 30th day after the owner learns that
4-24 the dog is a dangerous dog.
4-25 (c) If, on application of any person, a justice court or
4-26 county court finds, after notice and hearing as provided by Section
4-27 822.0422, that the owner of a dangerous dog has failed to comply
5-1 with Subsection (a) or (b), the court shall order the animal
5-2 control authority to seize the dog and shall issue a warrant
5-3 authorizing the seizure. The authority shall seize the dog or
5-4 order its seizure and shall provide for the impoundment of the dog
5-5 in secure and humane conditions.
5-6 (d) The owner shall pay any cost incurred in seizing the
5-7 dog.
5-8 (e) The court shall order the animal control authority to
5-9 humanely destroy the dog if the owner has not complied with
5-10 Subsection (a) before the 11th day after the date on which the dog
5-11 is seized or delivered to the authority. The court shall order the
5-12 authority to return the dog to the owner if the owner complies with
5-13 Subsection (a) before the 11th day after the date on which the dog
5-14 is seized or delivered to the authority.
5-15 (f) [(b)] For purposes of this section, a person learns that
5-16 the person is the owner of a dangerous dog when:
5-17 (1) the owner knows of an attack described in Section
5-18 822.041(2)(A) or (B); or
5-19 (2) the owner receives notice that a justice court or
5-20 county court has found that the dog is a dangerous dog under
5-21 Section 822.0422 [the owner is informed by the animal control
5-22 authority that the dog is a dangerous dog.]
5-23 [(c) If a person reports an incident described by Section
5-24 822.041(2), the animal control authority may investigate the
5-25 incident. If, after receiving the sworn statements of any
5-26 witnesses, the animal control authority determines the dog is a
5-27 dangerous dog, it shall notify the owner of that fact.]
6-1 [(d) An owner, not later than the 30th day after the date
6-2 the owner is notified that a dog owned by the owner is a dangerous
6-3 dog, may appeal the determination of the animal control authority
6-4 to a justice or municipal court of competent jurisdiction. An
6-5 owner may appeal the decision of the justice or municipal court in
6-6 the same manner as appeal for other civil cases].
6-7 Sec. 822.0421. REPORTING OF INCIDENT. (a) A person may
6-8 report an incident described by Section 822.041(2)(A) or (B) to a
6-9 justice court or county court. The owner of the dog must deliver
6-10 the dog to the animal control authority not later than the 5th day
6-11 after the date on which the owner receives notice that the report
6-12 has been filed.
6-13 (b) If the owner fails to deliver the dog as required by
6-14 Subsection (a), the court shall order the animal control authority
6-15 to seize the dog and shall issue a warrant authorizing the seizure.
6-16 The authority shall seize the dog or order its seizure and shall
6-17 provide for the impoundment of the dog in secure and humane
6-18 conditions until the court orders the disposition of the dog. The
6-19 owner shall pay any cost incurred in seizing the dog. The court
6-20 shall determine, after notice and hearing as provided by Section
6-21 822.0422, whether the dog is a dangerous dog.
6-22 Sec. 822.0422. HEARING. (a) The court, on receiving a
6-23 report of an incident under Section 822.0421 or on application
6-24 under Section 822.042(c), shall set a time for a hearing to
6-25 determine whether the dog is a dangerous dog or whether the owner
6-26 of the dog has complied with Section 822.042. The hearing must be
6-27 held not later than the 10th day after the date on which the dog is
7-1 seized or delivered.
7-2 (b) The court shall give written notice of the time and
7-3 place of the hearing to:
7-4 (1) the owner of the dog or the person from whom the
7-5 dog was seized; and
7-6 (2) the person who made the complaint.
7-7 (c) Any interested party, including the county or municipal
7-8 attorney, is entitled to present evidence at the hearing.
7-9 (d) An owner or person filing the action may appeal the
7-10 decision of the justice court or county court in the manner
7-11 provided for the appeal of civil cases generally.
7-12 Sec. 822.045. VIOLATIONS. (a) A person who owns or keeps
7-13 custody or control of a dangerous dog commits an offense if the
7-14 person fails to comply with Section 822.042 or an applicable county
7-15 regulation relating to the keeping or disposition of dangerous
7-16 dogs.
7-17 (b) An offense under this section is a Class C misdemeanor.
7-18 SECTION 3. This Act takes effect September 1, 1997.
7-19 SECTION 4. The change in law made by Section 1 of this Act
7-20 applies only to a serious bodily injury to a person by a dog that
7-21 occurs on or after September 1, 1997. A serious bodily injury that
7-22 occurs before September 1, 1997, is covered by the law in effect at
7-23 that time, and the former law is continued in effect for that
7-24 purpose.
7-25 SECTION 5. (a) The change in law made by this Act applies
7-26 only to an offense committed on or after the effective date of this
7-27 Act. For purposes of this section, an offense is committed before
8-1 the effective date of this Act if any element of the offense occurs
8-2 before that date.
8-3 (b) An offense committed before the effective date of this
8-4 Act is covered by the law in effect when the offense was committed,
8-5 and the former law is continued in effect for that purpose.
8-6 SECTION 6. The importance of this legislation and the
8-7 crowded condition of the calendars in both houses create an
8-8 emergency and an imperative public necessity that the
8-9 constitutional rule requiring bills to be read on three several
8-10 days in each house be suspended, and this rule is hereby suspended.