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.