By Lindsay S.B. No. 256
75R2584 SKB-F
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 court shall set a
2-8 time for a hearing to determine whether the dog caused the death of
2-9 or serious bodily injury to a person by attacking, biting, or
2-10 mauling the person. The hearing must be held not later than the
2-11 10th day after the date on which the warrant is issued.
2-12 (b) The court shall give written notice of the time and
2-13 place of the hearing to:
2-14 (1) the owner of the dog or the person from whom the
2-15 dog was seized; and
2-16 (2) the person who made the complaint.
2-17 (c) Any interested party, including the county attorney, is
2-18 entitled to present evidence at the hearing.
2-19 (d) The court shall order the dog destroyed if the court
2-20 finds that the dog caused the death of or serious bodily injury to
2-21 a person by attacking, biting, or mauling the person. If that
2-22 finding is not made, the court shall order the dog released to:
2-23 (1) its owner;
2-24 (2) the person from whom the dog was seized; or
2-25 (3) any other person authorized to take possession of
2-26 the dog.
2-27 (e) The court may not order the dog destroyed if the court
3-1 finds that the dog caused serious bodily injury to a person by
3-2 attacking, biting, or mauling the person and:
3-3 (1) the dog was being used as a guard dog, the attack,
3-4 bite, or mauling occurred in an enclosure in which the dog was
3-5 being kept and:
3-6 (A) the enclosure was reasonably certain to
3-7 prevent the dog from leaving the enclosure on its own and provided
3-8 notice of the presence of a guard dog; and
3-9 (B) the injured person was at least 10 years of
3-10 age and was trespassing in the enclosure when the attack, bite, or
3-11 mauling occurred;
3-12 (2) the attack, bite, or mauling occurred during an
3-13 arrest or other action of a peace officer while the peace officer
3-14 was using the dog for law enforcement purposes; or
3-15 (3) the dog was defending a person from an assault by
3-16 the deceased or injured person.
3-17 Sec. 822.004 [822.003]. DESTRUCTION OF DOG. The destruction
3-18 of a dog under this subchapter must be performed by:
3-19 (1) a licensed veterinarian;
3-20 (2) personnel of a recognized animal shelter or humane
3-21 society who are trained in the humane destruction of animals; or
3-22 (3) personnel of a governmental agency responsible for
3-23 animal control who are trained in the humane destruction of
3-24 animals.
3-25 Sec. 822.005 [822.004]. PROVOCATION OR LOCATION OF ATTACK
3-26 IRRELEVANT. Except as provided by Subsection 822.003(e), this
3-27 [This] subchapter applies to any dog that causes a person's death
4-1 or serious bodily injury by attacking, biting, or mauling the
4-2 person, regardless of whether the dog was provoked and regardless
4-3 of where the incident resulting in the person's death occurred.
4-4 SECTION 2. Subchapter D, Chapter 822, Health and Safety
4-5 Code, is amended by amending Sections 822.042 and 822.045 and by
4-6 adding Sections 822.0421 and 822.0422 to read as follows:
4-7 Sec. 822.042. REQUIREMENTS FOR OWNER OF DANGEROUS DOG. (a)
4-8 Not later than the 30th day after a person learns that the person
4-9 is the owner of a dangerous dog, the person shall:
4-10 (1) register the dangerous dog with the animal control
4-11 authority for the area in which the dog is kept;
4-12 (2) restrain the dangerous dog at all times on a leash
4-13 in the immediate control of a person or in a secure enclosure; and
4-14 (3) obtain liability insurance coverage or show
4-15 financial responsibility in an amount of at least $100,000 to cover
4-16 damages resulting from an attack by the dangerous dog causing
4-17 bodily injury to a person and provide proof of the required
4-18 liability insurance coverage or financial responsibility to the
4-19 animal control authority for the area in which the dog is kept.
4-20 (b) The owner of a dangerous dog who does not comply with
4-21 Subsection (a) shall deliver the dog to the animal control
4-22 authority not later than the 30th day after the owner learns that
4-23 the dog is a dangerous dog.
4-24 (c) If, on application of any person, a justice court or
4-25 county court finds, after notice and hearing as provided by Section
4-26 822.0422, that the owner of a dangerous dog has failed to comply
4-27 with Subsection (a) or (b), the court shall order the animal
5-1 control authority to seize the dog and shall issue a warrant
5-2 authorizing the seizure. The authority shall seize the dog or
5-3 order its seizure and shall provide for the impoundment of the dog
5-4 in secure and humane conditions.
5-5 (d) The owner shall pay any cost incurred in seizing the
5-6 dog.
5-7 (e) The court shall order the animal control authority to
5-8 humanely destroy the dog if the owner has not complied with
5-9 Subsection (a) before the 11th day after the date on which the dog
5-10 is seized or delivered to the authority. The court shall order the
5-11 authority to return the dog to the owner if the owner complies with
5-12 Subsection (a) before the 11th day after the date on which the dog
5-13 is seized or delivered to the authority.
5-14 (f) [(b)] For purposes of this section, a person learns that
5-15 the person is the owner of a dangerous dog when:
5-16 (1) the owner knows of an attack described in Section
5-17 822.041(2)(A) or (B); or
5-18 (2) the owner receives notice that a justice court or
5-19 county court has found that the dog is a dangerous dog under
5-20 Section 822.0422 [the owner is informed by the animal control
5-21 authority that the dog is a dangerous dog.]
5-22 [(c) If a person reports an incident described by Section
5-23 822.041(2), the animal control authority may investigate the
5-24 incident. If, after receiving the sworn statements of any
5-25 witnesses, the animal control authority determines the dog is a
5-26 dangerous dog, it shall notify the owner of that fact.]
5-27 [(d) An owner, not later than the 30th day after the date
6-1 the owner is notified that a dog owned by the owner is a dangerous
6-2 dog, may appeal the determination of the animal control authority
6-3 to a justice or municipal court of competent jurisdiction. An
6-4 owner may appeal the decision of the justice or municipal court in
6-5 the same manner as appeal for other civil cases].
6-6 Sec. 822.0421. REPORTING OF INCIDENT. (a) A person may
6-7 report an incident described by Section 822.041(2)(A) or (B) to a
6-8 justice court or county court. The owner of the dog must deliver
6-9 the dog to the animal control authority not later than the fifth
6-10 day after the date on which the owner receives notice that the
6-11 report has been filed.
6-12 (b) If the owner fails to deliver the dog as required by
6-13 Subsection (a), the court shall order the animal control authority
6-14 to seize the dog and shall issue a warrant authorizing the seizure.
6-15 The authority shall seize the dog or order its seizure and shall
6-16 provide for the impoundment of the dog in secure and humane
6-17 conditions until the court orders the disposition of the dog. The
6-18 owner shall pay any cost incurred in seizing the dog. The court
6-19 shall determine, after notice and hearing as provided by Section
6-20 822.0422, whether the dog is a dangerous dog.
6-21 Sec. 822.0422. HEARING. (a) The court, on receiving a
6-22 report of an incident under Section 822.0421 or on application
6-23 under Section 822.042(c), shall set a time for a hearing to
6-24 determine whether the dog is a dangerous dog or whether the owner
6-25 of the dog has complied with Section 822.042. The hearing must be
6-26 held not later than the 10th day after the date on which the dog is
6-27 seized or delivered.
7-1 (b) The court shall give written notice of the time and
7-2 place of the hearing to:
7-3 (1) the owner of the dog or the person from whom the
7-4 dog was seized; and
7-5 (2) the person who made the complaint.
7-6 (c) Any interested party, including the county or municipal
7-7 attorney, is entitled to present evidence at the hearing.
7-8 (d) An owner or person filing the action may appeal the
7-9 decision of the justice court or county court in the manner
7-10 provided for the appeal of civil cases generally.
7-11 Sec. 822.045. VIOLATIONS. (a) A person who owns or keeps
7-12 custody or control of a dangerous dog commits an offense if the
7-13 person fails to comply with Section 822.042 or an applicable county
7-14 regulation relating to the keeping or disposition of dangerous
7-15 dogs.
7-16 (b) An offense under this section is a Class C misdemeanor.
7-17 SECTION 3. This Act takes effect September 1, 1997.
7-18 SECTION 4. The change in law made by Section 1 of this Act
7-19 applies only to a serious bodily injury to a person by a dog that
7-20 occurs on or after September 1, 1997. A serious bodily injury that
7-21 occurs before September 1, 1997, is covered by the law in effect at
7-22 that time, and the former law is continued in effect for that
7-23 purpose.
7-24 SECTION 5. (a) The change in law made by this Act applies
7-25 only to an offense committed on or after the effective date of this
7-26 Act. For purposes of this section, an offense is committed before
7-27 the effective date of this Act if any element of the offense occurs
8-1 before that date.
8-2 (b) An offense committed before the effective date of this
8-3 Act is covered by the law in effect when the offense was committed,
8-4 and the former law is continued in effect for that purpose.
8-5 SECTION 6. The importance of this legislation and the
8-6 crowded condition of the calendars in both houses create an
8-7 emergency and an imperative public necessity that the
8-8 constitutional rule requiring bills to be read on three several
8-9 days in each house be suspended, and this rule is hereby suspended.