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A BILL TO BE ENTITLED
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AN ACT
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relating to dog attacks on persons; creating an offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. This Act may be cited as "Lillian's Law" in |
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memory of Mrs. Lillian Stiles. This Act is also dedicated to the |
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memory of Mrs. Fannie Pearl Pharms, Ms. Cheryl Marie Floyd, and all |
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other victims of unprovoked dog attacks. |
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SECTION 2. The heading to Subchapter A, Chapter 822, Health |
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and Safety Code, is amended to read as follows: |
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SUBCHAPTER A. GENERAL PROVISIONS; DOGS THAT ATTACK PERSONS OR |
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ARE A DANGER TO PERSONS |
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SECTION 3. Section 822.001, Health and Safety Code, is |
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amended by adding Subdivisions (3) and (4) to read as follows: |
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(3) "Dangerous dog," "dog," "owner," and "secure |
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enclosure" have the meanings assigned by Section 822.041. |
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(4) "Secure" means to take steps that a reasonable |
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person would take to ensure a dog remains on the owner's property, |
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including confining the dog in an enclosure that is capable of |
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preventing the escape or release of the dog. |
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SECTION 4. Subchapter A, Chapter 822, Health and Safety |
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Code, is amended by adding Section 822.0011 to read as follows: |
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Sec. 822.0011. APPLICATION TO CERTAIN PROPERTY. For |
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purposes of this subchapter, a person's property includes property |
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the person is entitled to possess or occupy under a lease or other |
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agreement. |
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SECTION 5. Section 822.005, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 822.005. ATTACK BY DOG. (a) A person commits an |
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offense if the person is the owner of a dog and the person: |
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(1) with criminal negligence, as defined by Section |
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6.03, Penal Code, fails to secure the dog and the dog makes an |
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unprovoked attack on another person that occurs at a location other |
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than the owner's real property or in or on the owner's motor vehicle |
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or boat and that causes serious bodily injury, as defined by Section |
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1.07, Penal Code, or death to the other person; or |
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(2) knows the dog is a dangerous dog by learning in a |
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manner described by Section 822.042(g) that the person is the owner |
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of a dangerous dog, and the dangerous dog makes an unprovoked attack |
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on another person that occurs at a location other than a secure |
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enclosure in which the dog is restrained in accordance with |
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Subchapter D and that causes serious bodily injury, as defined by |
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Section 822.001, or death to the other person. |
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(b) An offense under this section is a felony of the third |
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degree unless the attack causes death, in which event the offense is |
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a felony of the second degree. |
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(c) If a person is found guilty of an offense under this |
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section, the court may order the dog destroyed by a person listed in |
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Section 822.004. |
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(d) A person who is subject to prosecution under this |
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section and under any other law may be prosecuted under this |
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section, the other law, or both. [PROVOCATION OR LOCATION OF ATTACK
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IRRELEVANT. Except as provided by Section 822.003(f), this
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subchapter applies to any dog that causes a person's death or
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serious bodily injury by attacking, biting, or mauling the person,
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regardless of whether the dog was provoked and regardless of where
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the incident resulting in the person's death or serious bodily
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injury occurred.] |
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SECTION 6. Subchapter A, Chapter 822, Health and Safety |
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Code, is amended by adding Sections 822.006 and 822.007 to read as |
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follows: |
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Sec. 822.006. DEFENSES. (a) It is a defense to prosecution |
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under Section 822.005(a) that the person is a veterinarian, a |
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veterinary clinic employee, a peace officer, a person employed by a |
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recognized animal shelter, or a person employed by this state or a |
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political subdivision of this state to deal with stray animals and |
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has temporary ownership, custody, or control of the dog in |
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connection with that position. |
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(b) It is a defense to prosecution under Section 822.005(a) |
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that the person is an employee of the Texas Department of Criminal |
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Justice or a law enforcement agency and trains or uses dogs for law |
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enforcement or corrections purposes and is training or using the |
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dog in connection with the person's official capacity. |
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(c) It is a defense to prosecution under Section 822.005(a) |
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that the person is a dog trainer or an employee of a guard dog |
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company under Chapter 1702, Occupations Code, and has temporary |
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ownership, custody, or control of the dog in connection with that |
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position. |
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(d) It is a defense to prosecution under Section 822.005(a) |
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that the person is disabled and uses the dog to provide assistance, |
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the dog is trained to provide assistance to a person with a |
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disability, and the person is using the dog to provide assistance in |
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connection with the person's disability. |
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(e) It is a defense to prosecution under Section 822.005(a) |
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that the person attacked by the dog was at the time of the attack |
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engaged in conduct prohibited by Chapters 19, 20, 21, 22, 28, 29, |
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and 30, Penal Code. |
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(f) It is an affirmative defense to prosecution under |
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Section 822.005(a) that, at the time of the conduct charged, the |
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person and the dog are participating in an organized search and |
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rescue effort at the request of law enforcement. |
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Sec. 822.007. LOCAL REGULATION OF DOGS. This subchapter |
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does not prohibit a municipality or county from adopting leash or |
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registration requirements applicable to dogs. |
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SECTION 7. Sections 822.044(b) and (c), Health and Safety |
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Code, are amended to read as follows: |
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(b) An offense under this section is a Class C misdemeanor[,
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unless the attack causes serious bodily injury or death, in which
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event the offense is a Class A misdemeanor]. |
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(c) If a person is found guilty of an offense under this |
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section, the court may order the dangerous dog destroyed by a person |
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listed in Section 822.004 [822.003]. |
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SECTION 8. Section 822.044(d), Health and Safety Code, is |
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repealed. |
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SECTION 9. (a) The change in law made by this Act applies |
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only to an offense committed on or after the effective date of this |
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Act. For purposes of this section, an offense is committed before |
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the effective date of this Act if any element of the offense occurs |
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before that date. |
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(b) An offense committed before the effective date of this |
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Act is covered by the law in effect when the offense was committed, |
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and the former law is continued in effect for that purpose. |
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SECTION 10. This Act takes effect September 1, 2007. |
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* * * * * |