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By: Edwards (Senate Sponsor - Ellis) H.B. No. 1096
(In the Senate - Received from the House April 6, 2005;
April 7, 2005, read first time and referred to Committee on
Criminal Justice; May 20, 2005, reported favorably, as amended, by
the following vote: Yeas 4, Nays 0; May 20, 2005, sent to printer.)
COMMITTEE AMENDMENT NO. 1 By: Ellis
Amend H.B. No. 1096 (house engrossment) as follows:
(1) In SECTION 1 of the bill, in added Subsection (b) of
Section 822.153, Health and Safety Code (page 1, line 62), strike "
Class B" and substitute "Class C".
(2) In SECTION 1 of the bill, in added Subsection (b) of
Section 822.153, Health and Safety Code (page 2, line 2), strike "
third-degree felony" and substitute "Class A misdemeanor".
(3) In SECTION 1 of the bill, immediately following added
Section 822.154, Health and Safety Code (page 2, between lines 23
and 24) insert the following:
Sec. 822.1545. LOCAL REGULATION OF DANGEROUS DOGS. A
county or municipality may place additional requirements or
restrictions on dogs if the requirements or restrictions:
(1) are not specific to one breed or several breeds of
dogs; and
(2) are more stringent than restrictions provided by this
subchapter.
(4) In SECTION 1 of the bill, immediately following added
Subsection (f), Section 822.155, Health and Safety Code (between
page 2, line 49, and page 2, line 50) insert the following:
(g) It is a defense to prosecution under this subchapter
that, at the time of the conduct charged, the person and the dog are
participating in a canine sport.
(h) It is a defense to prosecution under this subchapter
that, at the time of the conduct charged, the person and the dog are
participating in an organized search and rescue effort.
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of dogs in certain municipalities;
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; and
(D) clearly marked as containing a dog.
Sec. 822.153. ATTACK BY DOG. (a) A person acting with
criminal negligence commits an offense if 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
when the dog is not on the owner's property, 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.
(e) It is a defense to prosecution under this subchapter
that, at the time of the conduct charged, the person and the dog are
within the boundaries of a park designated as a dog park by the
municipality.
(f) It is a defense to prosecution under this subchapter
that, at the time of the conduct charged, the person and the dog are
participating in or training for a show, test, or trial organized by
a recognized sanctioning body for dog shows, tests, or trials.
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.
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