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By:  Farabee, et al.                                              H.B. No. 151



A BILL TO BE ENTITLED

AN ACT

relating to offenses involving dogs that are a danger to livestock 
and other animals.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Chapter 822, Health and Safety Code, is amended 
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 to read as follows:
	(a)  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, [or] poultry, calves, or other livestock may not 
permit the dog to run at large.
	Sec. 822.012 [822.033].  DOGS THAT ATTACK DOMESTIC ANIMALS. 
(a)  A dog that is attacking, is about to attack, or has recently 
attacked sheep, goats, calves, or other livestock or domestic 
animals or fowls may be killed by any person witnessing or having 
knowledge of the attack.
	(b)  A person who kills a dog as provided by this section is 
not liable for damages to the owner of the dog.
	(c)  A dog known or suspected of having killed sheep, goats, 
calves, or other livestock or domestic animals or fowls is a public 
nuisance.  Any person may detain or impound the dog until the dog's 
owner is notified and all damage done by the dog has been determined 
and paid to the proper persons.
	(d)  The owner of a dog that is known to have attacked sheep, 
goats, calves, or other livestock or domestic animals or fowls 
shall kill the dog.  [A sheriff, deputy sheriff, constable, police 
officer, magistrate, or county commissioner may enter the premises 
of the owner of the dog and kill the dog if the owner fails to do 
so.]
	Sec. 822.013 [822.034].  PROTECTION OF DOMESTIC ANIMALS. 
The owner of any sheep, goats, calves, or other livestock or
domestic animals that are subject to the ravages of [sheep-killing] 
dogs that kill livestock or domestic animals may place poison on the 
premises where the animals are kept.  The owner must post notice of 
the poison at each entrance to the premises before placing the 
poison.
	Sec. 822.014.  EXOTIC LIVESTOCK INCLUDED.  In this 
subchapter, "livestock" includes exotic livestock as defined by 
Section 161.001, Agriculture Code.
	SECTION 2.  The change in law made by this Act to Section 
822.011(a), Health and Safety Code, applies only to an offense 
committed on or after the effective date of this Act. An offense 
committed before the effective date of this Act is covered by the 
law in effect when the offense was committed, and the former law is 
continued in effect for that purpose. For purposes of this section, 
an offense was committed before the effective date of this Act if 
any element of the offense occurred before that date.
	SECTION 3.  This Act takes effect September 1, 2003.