79(3) HB 108 - Introduced version


                                                                                

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.