1-1 By: Wohlgemuth (Senate Sponsor - Lindsay) H.B. No. 991
1-2 (In the Senate - Received from the House April 14, 1997;
1-3 April 15, 1997, read first time and referred to Committee on
1-4 Intergovernmental Relations; April 24, 1997, reported favorably by
1-5 the following vote: Yeas 11, Nays 0; April 24, 1997, sent to
1-6 printer.)
1-7 A BILL TO BE ENTITLED
1-8 AN ACT
1-9 relating to dogs causing serious bodily injury to a person;
1-10 providing penalties.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Subchapter A, Chapter 822, Health and Safety
1-13 Code, is amended to read as follows:
1-14 SUBCHAPTER A. DOGS THAT ARE A DANGER TO PERSONS
1-15 Sec. 822.001. DEFINITIONS. In this subchapter:
1-16 (1) "Animal control authority" means a municipal or
1-17 county animal control office with authority over the area in which
1-18 the dog is kept or the county sheriff in an area that does not have
1-19 an animal control office.
1-20 (2) "Serious bodily injury" means an injury that would
1-21 cause a reasonably prudent person to seek treatment from a medical
1-22 professional and would require hospitalization without regard to
1-23 whether the person actually sought medical treatment.
1-24 Sec. 822.002. Seizure of a Dog Causing Death of OR SERIOUS
1-25 BODILY INJURY TO A Person. (a) A justice court, [or] county
1-26 court, or municipal court shall order the animal control authority
1-27 [sheriff of the county] to seize a dog and shall issue a warrant
1-28 authorizing the seizure:
1-29 (1) on the sworn complaint of any person, including
1-30 the county attorney, the city attorney, or a peace officer, that
1-31 the dog has caused the death of or serious bodily injury to a
1-32 person by attacking, biting, or mauling the person; and
1-33 (2) on a showing of probable cause to believe that the
1-34 dog caused the death of or serious bodily injury to the person as
1-35 stated in the complaint.
1-36 (b) The animal control authority [sheriff] shall seize the
1-37 dog or order its seizure and shall provide for the impoundment of
1-38 the dog in secure and humane conditions until the court orders the
1-39 disposition of the dog.
1-40 Sec. 822.003 [822.002]. Hearing. (a) The court shall set a
1-41 time for a hearing to determine whether the dog caused the death of
1-42 or serious bodily injury to a person by attacking, biting, or
1-43 mauling the person. The hearing must be held not later than the
1-44 10th day after the date on which the warrant is issued.
1-45 (b) The court shall give written notice of the time and
1-46 place of the hearing to:
1-47 (1) the owner of the dog or the person from whom the
1-48 dog was seized; and
1-49 (2) the person who made the complaint.
1-50 (c) Any interested party, including the county attorney or
1-51 city attorney, is entitled to present evidence at the hearing.
1-52 (d) The court shall order the dog destroyed if the court
1-53 finds that the dog caused the death of a person by attacking,
1-54 biting, or mauling the person. If that finding is not made, the
1-55 court shall order the dog released to:
1-56 (1) its owner;
1-57 (2) the person from whom the dog was seized; or
1-58 (3) any other person authorized to take possession of
1-59 the dog.
1-60 (e) The court may order the dog destroyed if the court finds
1-61 that the dog caused serious bodily injury to a person by attacking,
1-62 biting, or mauling the person. If that finding is not made, the
1-63 court shall order the dog released to:
1-64 (1) its owner;
2-1 (2) the person from whom the dog was seized; or
2-2 (3) any other person authorized to take possession of
2-3 the dog.
2-4 (f) The court may not order the dog destroyed if the court
2-5 finds that the dog caused the serious bodily injury to a person by
2-6 attacking, biting, or mauling the person and:
2-7 (1) the dog was being used for the protection of a
2-8 person or person's property, the attack, bite, or mauling occurred
2-9 in an enclosure in which the dog was being kept, and:
2-10 (A) the enclosure was reasonably certain to
2-11 prevent the dog from leaving the enclosure on its own and provided
2-12 notice of the presence of a dog; and
2-13 (B) the injured person was at least eight years
2-14 of age, and was trespassing in the enclosure when the attack, bite,
2-15 or mauling occurred;
2-16 (2) the attack, bite, or mauling occurred during an
2-17 arrest or other action of a peace officer while the peace officer
2-18 was using the dog for law enforcement purposes;
2-19 (3) the dog was defending a person from an assault or
2-20 person's property from damage or theft by the injured person; or
2-21 (4) the injured person was younger than eight years of
2-22 age, the attack, bite, or mauling occurred in an enclosure in which
2-23 the dog was being kept, and the enclosure was reasonably certain to
2-24 keep a person younger than eight years of age from entering.
2-25 Sec. 822.004 [822.003]. Destruction of Dog. The destruction
2-26 of a dog under this subchapter must be performed by:
2-27 (1) a licensed veterinarian;
2-28 (2) personnel of a recognized animal shelter or humane
2-29 society who are trained in the humane destruction of animals; or
2-30 (3) personnel of a governmental agency responsible for
2-31 animal control who are trained in the humane destruction of
2-32 animals.
2-33 Sec. 822.005 [822.004]. Provocation or Location of Attack
2-34 Irrelevant. Except as provided by Section 822.003(f), this [This]
2-35 subchapter applies to any dog that causes a person's death or
2-36 serious bodily injury by attacking, biting, or mauling the person,
2-37 regardless of whether the dog was provoked and regardless of where
2-38 the incident resulting in the person's death or serious bodily
2-39 injury occurred.
2-40 SECTION 2. Subchapter D, Chapter 822, Health and Safety
2-41 Code, is amended by amending Sections 822.042 and 822.045 and by
2-42 adding Sections 822.0421, 822.0422, and 822.0423 to read as
2-43 follows:
2-44 Sec. 822.042. Requirements for Owner of Dangerous Dog.
2-45 (a) Not later than the 30th day after a person learns that the
2-46 person is the owner of a dangerous dog, the person shall:
2-47 (1) register the dangerous dog with the animal control
2-48 authority for the area in which the dog is kept;
2-49 (2) restrain the dangerous dog at all times on a leash
2-50 in the immediate control of a person or in a secure enclosure;
2-51 [and]
2-52 (3) obtain liability insurance coverage or show
2-53 financial responsibility in an amount of at least $100,000 to cover
2-54 damages resulting from an attack by the dangerous dog causing
2-55 bodily injury to a person and provide proof of the required
2-56 liability insurance coverage or financial responsibility to the
2-57 animal control authority for the area in which the dog is kept; and
2-58 (4) comply with an applicable municipal or county
2-59 regulation, requirement, or restriction on dangerous dogs.
2-60 (b) The owner of a dangerous dog who does not comply with
2-61 Subsection (a) shall deliver the dog to the animal control
2-62 authority not later than the 30th day after the owner learns that
2-63 the dog is a dangerous dog.
2-64 (c) If, on application of any person, a justice court,
2-65 county court, or municipal court finds, after notice and hearing as
2-66 provided by Section 822.0423, that the owner of a dangerous dog has
2-67 failed to comply with Subsection (a) or (b), the court shall order
2-68 the animal control authority to seize the dog and shall issue a
2-69 warrant authorizing the seizure. The authority shall seize the dog
3-1 or order its seizure and shall provide for the impoundment of the
3-2 dog in secure and humane conditions.
3-3 (d) The owner shall pay any cost or fee assessed by the
3-4 municipality or county related to the seizure, impoundment, and
3-5 destruction of the dog.
3-6 (e) The court shall order the animal control authority to
3-7 humanely destroy the dog if the owner has not complied with
3-8 Subsection (a) before the 11th day after the date on which the dog
3-9 is seized or delivered to the authority. The court shall order the
3-10 authority to return the dog to the owner if the owner complies with
3-11 Subsection (a) before the 11th day after the date on which the dog
3-12 is seized or delivered to the authority.
3-13 (f) The court may order the humane destruction of a dog if
3-14 the owner of the dog has not been located before the 15th day after
3-15 the seizure and impoundment of the dog.
3-16 (g) For purposes of this section, a person learns that the
3-17 person is the owner of a dangerous dog when:
3-18 (1) the owner knows of an attack described in Section
3-19 822.041(2)(A) or (B); [or]
3-20 (2) the owner receives notice that a justice court,
3-21 county court, or municipal court has found that the dog is a
3-22 dangerous dog under Section 822.0423; or
3-23 (3) the owner is informed by the animal control
3-24 authority that the dog is a dangerous dog under Section 822.0421.
3-25 Sec. 822.0421. DETERMINATION THAT DOG IS DANGEROUS.
3-26 (a) [(c)] If a person reports an incident described by Section
3-27 822.041(2), the animal control authority may investigate the
3-28 incident. If, after receiving the sworn statements of any
3-29 witnesses, the animal control authority determines the dog is a
3-30 dangerous dog, it shall notify the owner of that fact.
3-31 (b) [(d)] An owner, not later than the 15th [30th] day after
3-32 the date the owner is notified that a dog owned by the owner is a
3-33 dangerous dog, may appeal the determination of the animal control
3-34 authority to a justice, county, or municipal court of competent
3-35 jurisdiction. An owner may appeal the decision of the justice,
3-36 county, or municipal court in the same manner as appeal for other
3-37 [civil] cases from the justice, county, or municipal court.
3-38 Sec. 822.0422. REPORTING OF INCIDENT IN CERTAIN COUNTIES AND
3-39 MUNICIPALITIES. (a) This section applies only to a county with a
3-40 population of more than 2,800,000, to a county in which the
3-41 commissioners court has entered an order electing to be governed by
3-42 this section, and to a municipality in which the governing body has
3-43 adopted an ordinance electing to be governed by this section.
3-44 (b) A person may report an incident described by Section
3-45 822.041(2) to a municipal court, a justice court, or a county
3-46 court. The owner of the dog shall deliver the dog to the animal
3-47 control authority not later than the fifth day after the date on
3-48 which the owner receives notice that the report has been filed.
3-49 (c) If the owner fails to deliver the dog as required by
3-50 Subsection (b), the court shall order the animal control authority
3-51 to seize the dog and shall issue a warrant authorizing the seizure.
3-52 The authority shall seize the dog or order its seizure and shall
3-53 provide for the impoundment of the dog in secure and humane
3-54 conditions until the court orders the disposition of the dog. The
3-55 owner shall pay any cost incurred in seizing the dog. The court
3-56 shall determine, after notice and hearing as provided in Section
3-57 822.0423, whether the dog is a dangerous dog.
3-58 Sec. 822.0423. HEARING. (a) The court, on receiving a
3-59 report of an incident under Section 822.0422 or on application
3-60 under Section 822.042(c), shall set a time for a hearing to
3-61 determine whether the dog is a dangerous dog or whether the owner
3-62 of the dog has complied with Section 822.042. The hearing must be
3-63 held not later than the 10th day after the date on which the dog is
3-64 seized or delivered.
3-65 (b) The court shall give written notice of the time and
3-66 place of the hearing to:
3-67 (1) the owner of the dog or the person from whom the
3-68 dog was seized; and
3-69 (2) the person who made the complaint.
4-1 (c) Any interested party, including the county or city
4-2 attorney, is entitled to present evidence at the hearing.
4-3 (d) An owner or person filing the action may appeal the
4-4 decision of the municipal court, justice court, or county court in
4-5 the manner provided for the appeal of cases from the municipal,
4-6 justice, or county court.
4-7 Sec. 822.045. VIOLATIONS. (a) A person who owns or keeps
4-8 custody or control of a dangerous dog commits an offense if the
4-9 person fails to comply with Section 822.042 or Section 822.0422(b)
4-10 or an applicable municipal or county regulation relating to
4-11 dangerous dogs.
4-12 (b) Except as provided by Subsection (c), an [An] offense
4-13 under this section is a Class C misdemeanor.
4-14 (c) An offense under this section is a Class B misdemeanor
4-15 if it is shown on the trial of the offense that the defendant has
4-16 previously been convicted under this section.
4-17 SECTION 3. This Act takes effect September 1, 1997.
4-18 SECTION 4. The change in law made by Section 1 of this Act
4-19 applies only to a serious bodily injury to a person by a dog that
4-20 occurs on or after September 1, 1997. A serious bodily injury that
4-21 occurs before September 1, 1997, is covered by the law in effect at
4-22 that time, and the former law is continued in effect for that
4-23 purpose.
4-24 SECTION 5. (a) The change in law made by this Act applies
4-25 only to an offense committed on or after the effective date of this
4-26 Act. For purposes of this section, an offense is committed before
4-27 the effective date of this Act if any element of the offense occurs
4-28 before that date.
4-29 (b) An offense committed before the effective date of this
4-30 Act is covered by the law in effect when the offense was committed,
4-31 and the former law is continued in effect for that purpose.
4-32 SECTION 6. The importance of this legislation and the
4-33 crowded condition of the calendars in both houses create an
4-34 emergency and an imperative public necessity that the
4-35 constitutional rule requiring bills to be read on three several
4-36 days in each house be suspended, and this rule is hereby suspended.
4-37 * * * * *