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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.