SRC-JLB H.B. 151 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 151
By: Farabee, et al. (Estes)
Subcommittee on Agriculture
4/7/2003
Engrossed


DIGEST AND PURPOSE 

Currently, Texas ranchers and cattlemen are losing livestock because of
domestic dog attacks. No statewide statute protects the owners of
livestock who may need to use deadly force to protect their livestock from
these attacks.  H.B. 151 amends Chapter 822 of the Texas Health and Safety
Code to uniformly include livestock, including exotic livestock, to allow
owners of livestock to protect these animals and to make domestic dog
owners more accountable for their animals' actions. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 822, Health and Safety Code, by amending
Section 822.011(a), transferring Sections 822.033 and 822.034 to
Subchapter B, renumbering those sections as Sections 822.012 and 822.013,
respectively, and amending those sections, and adding Section 822.014, as
follows: 
 
(a)  Prohibits the owner, keeper, or person in control of a dog that the
owner, keeper, or person knows is accustomed to run, worry, or kill goats,
sheep, poultry, calves, or other livestock from permitting the dog to run
at large. 
 
Sec. 822.012.  DOGS THAT ATTACK DOMESTIC ANIMALS. (a)  Authorizes a dog
that is attacking, is about to attack, or has recently attacked sheep,
goats, calves, or other livestock or domestic animals or fowls to be
killed by any person witnessing or having knowledge of the attack. 
 
(b)  Makes no changes.
 
(c)  Makes a conforming change.
 
(d)  Makes a conforming change.  Deletes text authorizing certain law
enforcement officers and other officials to enter the premises and kill
certain dogs if the owner fails to do so. 

Sec. 822.013.  PROTECTION OF DOMESTIC ANIMALS.  Authorizes the owner of
any sheep, goats, calves, or other livestock or domestic animals that are
subject to the ravages of dogs that kill livestock or domestic animals to
place poison on the premises where the animals are kept. 

 Sec. 822.014.  EXOTIC LIVESTOCK INCLUDED.  Defines "livestock."

SECTION 2.  Makes application of this Act prospective.
 
SECTION 3.  Effective date:  September 1, 2003.