By:  Chisum                                                       H.B. No. 2840



A BILL TO BE ENTITLED

AN ACT

relating to the regulation of dogs; establishing a defense to 
prosecution; limiting liability.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 822.001, Health and Safety Code, is 
amended to read as follows:
	Sec. 822.001.  DEFINITIONS.  In this Subchapter:                               
		(1)  "Animal control authority" means a municipal or 
county animal control office with authority over the area in which 
the dog is kept or the county sheriff in an area that does not have 
an animal control office.
		(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 the dog placed in the enclosure;
			(D)  clearly marked on all entrances as containing 
a dog; and       
			(E)  in conformance with the requirements, if any, 
for enclosures established by the local animal control authority.
		(4) [(2)]  "Serious bodily injury" means an injury 
characterized by severe bite wounds or severe ripping and tearing 
of muscle that would cause a reasonably prudent person to seek 
immediate treatment from a medical professional and that could 
[would] require hospitalization without regard to whether the 
person actually sought medical treatment.
		(5)  "Unprovoked attack" is an attack by a dog on a 
person in a place other than the secure enclosure in which the dog 
was being kept that is not in response to:
			(A)  the dog being tormented, abused, or assaulted 
by the person whom the dog attacked;
			(B)  pain or injury; or                                               
			(C)  an assault or attempted assault on another 
person by the person whom the dog attacked.
	SECTION 2.  Section 822.003(f), Health and Safety Code, is 
amended to read as follows:
	(f)  The court may not order the dog destroyed if the court 
finds that the dog caused the serious bodily injury to a person by 
attacking, biting, or mauling the person and:
		(1)  [the dog was being used for the protection of a 
person or person's property,] the attack, bite, or mauling occurred 
in the secure [an] enclosure in which the dog was being kept, and[:
			[(A)  the enclosure was reasonably certain to 
prevent the dog from leaving the enclosure on its own and provided 
notice of the presence of a dog; and
			[(B)]  the injured person [was at least eight 
years of age, and] was trespassing in the enclosure when the attack, 
bite, or mauling occurred;
		(2)  [the dog was not being used for the protection of a 
person or person's property, the attack, bite, or mauling occurred 
in an enclosure in which the dog was being kept, and the injured 
person was at least eight years of age and was trespassing in the 
enclosure when the attack, bite, or mauling occurred;
		[(3)]  the attack, bite, or mauling occurred during an 
arrest or other action of a peace officer while the peace officer 
was using the dog for law enforcement purposes; or
		(3) [(4)]  the dog was defending a person from an 
assault or person's property from damage or theft by the injured 
person[; or
		[(5)  the injured person was younger than eight years 
of age, the attack, bite, or mauling occurred in an enclosure in 
which the dog was being kept, and the enclosure was reasonably 
certain to keep a person younger than eight years of age from 
entering].
	SECTION 3.  Subchapter A, Chapter 822, Health and Safety 
Code, is amended by adding Section 822.006 to read as follows:
	Sec. 822.006.  DEFENDING AGAINST AN UNPROVOKED ATTACK BY A 
DOG.  (a)  A person may use any and all means available to defend 
against an unprovoked attack by a dog on that person or another 
person, including but not limited to inanimate objects, chemical or 
other sprays, and electrical shock or stun devices.
	(b)  A person defending against an unprovoked attack by a dog 
on that person or another person shall not be liable, in law or 
equity, to the owner of the dog for damages to the dog or to the 
owner's property.  To the extent a person defending against an 
unprovoked attack by a dog causes damage to the property of persons 
other than the owner, then the owner of the dog shall be liable for 
all such damages.
	(c)  The owner of the dog shall be liable for all damages to 
any person or property resulting from an unprovoked attack by the 
dog.
	(d)  A person defending against an unprovoked attack by a dog 
on that person or another person shall not be subject to criminal 
prosecution for injury to the dog.
	SECTION 4.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2005.