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79S30899 YDB-D
By: Gattis H.B. No. 108
A BILL TO BE ENTITLED
AN ACT
relating to dog attacks on persons; creating an offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act may be cited as "Lillian's Law" in
memory of Mrs. Lillian Styles.
SECTION 2. The heading to Subchapter A, Chapter 822, Health
and Safety Code, is amended to read as follows:
SUBCHAPTER A. GENERAL PROVISIONS; DOGS THAT ATTACK PERSONS OR
ARE A DANGER TO PERSONS
SECTION 3. Section 822.001, Health and Safety Code, is
amended by adding Subdivision (3) to read as follows:
(3) "Dangerous dog," "dog," "owner," and "secure
enclosure" have the meanings assigned by Section 822.041.
SECTION 4. Section 822.005, Health and Safety Code, is
amended to read as follows:
Sec. 822.005. ATTACK BY DOG. (a) A person commits an
offense if the person is:
(1) the owner of a dog and the dog makes an unprovoked
attack on another person that occurs at a location other than the
owner's property and that causes serious bodily injury or death to
the other person; or
(2) the owner of a dog the owner knows to be a
dangerous dog and the dangerous dog makes an unprovoked attack on
another person that occurs at a location other than a secure
enclosure in which the dog is restrained in accordance with
Subchapter D and that causes serious bodily injury or death to the
other person.
(b) An offense under this section is a state jail felony
unless the attack causes death, in which event the offense is a
third degree felony.
(c) If a person is found guilty of an offense under this
section, the court may order the dog destroyed by a person listed in
Section 822.004.
(d) In addition to criminal prosecution, a person who
commits an offense under this section is liable for a civil penalty
not to exceed $10,000. An attorney for the municipality or county
where the offense occurred may file suit in a court of competent
jurisdiction to collect the penalty. Penalties collected under
this subsection shall be retained by the municipality or county.
(e) A person who engages in conduct that constitutes an
offense under this section is liable to a claimant for actual
damages incurred by the claimant and arising from serious bodily
injury or death caused by the attack. A claimant may recover
damages under this subsection without regard to whether the owner
has been convicted of an offense under this section.
(f) For purposes of this section, a person knows the person
is the owner of a dangerous dog when the person learns the person is
the owner of a dangerous dog as described by Section 822.042(g).
[PROVOCATION OR LOCATION OF ATTACK IRRELEVANT. Except as provided
by Section 822.003(f), this subchapter applies to any dog that
causes a person's death or serious bodily injury by attacking,
biting, or mauling the person, regardless of whether the dog was
provoked and regardless of where the incident resulting in the
person's death or serious bodily injury occurred.]
SECTION 5. Subchapter A, Chapter 822, Health and Safety
Code, is amended by adding Sections 822.006 and 822.007 to read as
follows:
Sec. 822.006. DEFENSE; EXCEPTION. (a) It is a defense to
prosecution under Section 822.005(a) and a defense to a suit
brought under Section 822.005(d) or (e) that the person is a
veterinarian, a peace officer, a person employed by a recognized
animal shelter, or a person employed by this state or a political
subdivision of this state to deal with stray animals and has
temporary ownership, custody, or control of the dog in connection
with that position.
(b) It is a defense to prosecution under Section 822.005(a)
and a defense to a suit brought under Section 822.005(d) or (e) that
the person is an employee of the Texas Department of Criminal
Justice or a law enforcement agency and trains or uses dogs for law
enforcement or corrections purposes and is training or using the
dog in connection with the person's official capacity.
(c) It is a defense to prosecution under Section 822.005(a)
and a defense to a suit brought under Section 822.005(d) or (e) that
the person is a dog trainer or an employee of a guard dog company
under Chapter 1702, Occupations Code, and has temporary ownership,
custody, or control of the dog in connection with that position.
(d) It is a defense to prosecution under Section 822.005(a)
and a defense to a suit brought under Section 822.005(d) or (e) that
the person is disabled and uses the dog to provide assistance, the
dog is trained to provide assistance to a person with a disability,
and the person is using the dog to provide assistance in connection
with the person's disability.
(e) It is an exception to the application of Section
822.005(a) and a defense to a suit brought under Section 822.005(d)
or (e) that the person attacked by the dog was at the time of the
attack engaged in conduct prohibited by Section 30.02 or 30.05,
Penal Code.
Sec. 822.007. LOCAL REGULATION OF DOGS. This subchapter
does not prohibit a municipality or county from adopting leash or
registration requirements applicable to dogs.
SECTION 6. Section 822.044, Health and Safety Code, is
amended by amending Subsections (b) and (c) and adding Subsections
(e) and (f) to read as follows:
(b) An offense under this section is a Class C misdemeanor[,
unless the attack causes serious bodily injury or death, in which
event the offense is a Class A misdemeanor].
(c) If a person is found guilty of an offense under this
section, the court may order the dangerous dog destroyed by a person
listed in Section 822.004 [822.003].
(e) A person who engages in conduct that constitutes an
offense under this section is liable to a claimant for actual
damages incurred by the claimant and arising from bodily injury
caused by the attack. A claimant may recover damages under this
subsection without regard to whether the owner has been convicted
of an offense under this section.
(f) If conduct constituting an offense under this section
also constitutes an offense under Section 822.005, the actor may be
prosecuted only under Section 822.005.
SECTION 7. (a) The change in law made by this Act applies
only to an offense committed on or after the effective date of this
Act. For purposes of this section, an offense is committed before
the effective date of this Act if any element of the offense occurs
before that date.
(b) 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.
SECTION 8. This Act takes effect on the 91st day after the
last day of the legislative session.