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79R5622 MSE-D

By:  Edwards                                                      H.B. No. 1096



A BILL TO BE ENTITLED

AN ACT

relating to the regulation of dogs; creating an offense.                      
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Chapter 822, Health and Safety Code, is amended 
by adding Subchapter F to read as follows:

SUBCHAPTER F.  REGULATION OF DOGS IN CERTAIN MUNICIPALITIES
	Sec. 822.151.  APPLICABILITY; APPLICABILITY OF OTHER LAW.  
(a)  This subchapter applies only to a municipality with a 
population of 1.9 million or more.
	(b)  Subchapter D does not apply to a municipality subject to 
this subchapter.
	Sec. 822.152.  DEFINITIONS.  In this subchapter:                        
		(1)  "Dog" means a domesticated animal that is a member 
of the canine family.
		(2)  "Owner" means a person who owns or has custody or 
control of the dog.
		(3)  "Secure enclosure" means a fenced area or 
structure that is:    
			(A)  locked;                                                          
			(B)  capable of preventing the entry of the 
general public, including children;
			(C)  capable of preventing the escape or release 
of a dog;          
			(D)  clearly marked as containing a dog; and                          
			(E)  in conformance with the requirements for 
enclosures established by the local animal control authority.
	Sec. 822.153.  ATTACK BY DOG.  (a)  A person commits an 
offense if, regardless of the person's mental state, the person is 
the owner of a dog and the dog makes an unprovoked attack on another 
person.
	(b)  An offense under this section is a Class B misdemeanor, 
unless the attack causes serious bodily injury or 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 shall 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 a municipality 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.
	Sec. 822.154.  REQUIREMENT OF LEASH OR ENCLOSURE.  (a)  
Notwithstanding Section 822.031, an owner of a dog must restrain 
the dog at all times on a leash in the immediate control of the owner 
or in a secure enclosure.
	(b)  A person who owns or keeps custody or control of a dog 
commits an offense if the person fails to comply with this section.
	(c)  Except as provided by Subsection (d), an offense under 
this section is a Class C misdemeanor.
	(d)  An offense under this section is a Class B misdemeanor 
if it is shown on the trial of the offense that the defendant has 
previously been convicted under this section.
	Sec. 822.155.  DEFENSE.  (a)  It is a defense to prosecution 
under this subchapter that the person is a veterinarian, a peace 
officer, a person employed by a recognized animal shelter, or a 
person employed by the state or a political subdivision of the 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 this subchapter 
that the person is an employee of the institutional division of the 
Texas Department of Criminal Justice or a law enforcement agency 
and trains or uses dogs for law enforcement or corrections 
purposes.
	(c)  It is a defense to prosecution under this subchapter 
that the person is a dog trainer or an employee of a guard dog 
company under Chapter 1702, Occupations Code.
	(d)  It is a defense to prosecution under this subchapter 
that the person is disabled and uses the dog to provide assistance 
and the dog is trained to provide assistance to a person with a 
disability.
	SECTION 2.  Subchapter F, Chapter 822, Health and Safety 
Code, as added by this Act, 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 
applicable to the offense when the offense was committed, and that 
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, 2005.