H.B. No. 1355
 
 
 
 
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 Stiles.  This Act is also dedicated to the
  memory of Mrs. Fannie Pearl Pharms, Ms. Cheryl Marie Floyd, and all
  other victims of unprovoked dog attacks.
         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 Subdivisions (3) and (4) to read as follows:
               (3)  "Dangerous dog," "dog," "owner," and "secure
  enclosure" have the meanings assigned by Section 822.041.
               (4)  "Secure" means to take steps that a reasonable
  person would take to ensure a dog remains on the owner's property,
  including confining the dog in an enclosure that is capable of
  preventing the escape or release of the dog.
         SECTION 4.  Subchapter A, Chapter 822, Health and Safety
  Code, is amended by adding Section 822.0011 to read as follows:
         Sec. 822.0011.  APPLICATION TO CERTAIN PROPERTY.  For
  purposes of this subchapter, a person's property includes property
  the person is entitled to possess or occupy under a lease or other
  agreement.
         SECTION 5.  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 the owner of a dog and the person:
               (1)  with criminal negligence, as defined by Section
  6.03, Penal Code, fails to secure the dog and the dog makes an
  unprovoked attack on another person that occurs at a location other
  than the owner's real property or in or on the owner's motor vehicle
  or boat and that causes serious bodily injury, as defined by Section
  1.07, Penal Code, or death to the other person; or
               (2)  knows the dog is a dangerous dog by learning in a
  manner described by Section 822.042(g) that the person is the owner
  of 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, as defined by
  Section 822.001, or death to the other person.
         (b)  An offense under this section is a felony of the third
  degree unless the attack causes death, in which event the offense is
  a felony of the second degree.
         (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)  A person who is subject to prosecution under this
  section and under any other law may be prosecuted under this
  section, the other law, or both. [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 6.  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.  DEFENSES.  (a)  It is a defense to prosecution
  under Section 822.005(a) that the person is a veterinarian, a
  veterinary clinic employee, 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)
  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)
  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)
  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 a defense to prosecution under Section 822.005(a)
  that the person attacked by the dog was at the time of the attack
  engaged in conduct prohibited by Chapters 19, 20, 21, 22, 28, 29,
  and 30, Penal Code.
         (f)  It is an affirmative defense to prosecution under
  Section 822.005(a) that, at the time of the conduct charged, the
  person and the dog are participating in an organized search and
  rescue effort at the request of law enforcement.
         (g)  It is an affirmative defense to prosecution under
  Section 822.005(a) that, at the time of the conduct charged, the
  person and the dog are participating in an organized dog show or
  event sponsored by a nationally recognized or state-recognized
  kennel club.
         (h)  It is an affirmative defense to prosecution under
  Section 822.005(a) that, at the time of the conduct charged, the
  person and the dog are engaged in:
               (1)  a lawful hunting activity; or
               (2)  a farming or ranching activity, including herding
  livestock, typically performed by a working dog on a farm or ranch.
         (i)  It is a defense to prosecution under Section 822.005(a)
  that, at the time of the conduct charged, the person's dog was on a
  leash and the person:
               (1)  was in immediate control of the dog; or
               (2)  if the person was not in control of the dog, the
  person was making immediate and reasonable attempts to regain
  control of the dog.
         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 7.  Sections 822.044(b) and (c), Health and Safety
  Code, are amended 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].
         SECTION 8.  Section 822.044(d), Health and Safety Code, is
  repealed.
         SECTION 9.  (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 10.  This Act takes effect September 1, 2007.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 1355 was passed by the House on April
  25, 2007, by the following vote:  Yeas 140, Nays 0, 1 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 1355 on May 21, 2007, by the following vote:  Yeas 135, Nays 5,
  2 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 1355 was passed by the Senate, with
  amendments, on May 17, 2007, by the following vote:  Yeas 31, Nays
  0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor