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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. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 822.003, Health & Safety Code, is |
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amended to read as follows: |
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Sec. 822.003. HEARING. (a) The court shall set a time for a |
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hearing to determine whether the dog caused the death of or serious |
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bodily injury to a person by attacking, biting, or mauling the |
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person. The hearing must be held not later than the 10th day after |
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the date on which the warrant is issued. |
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(b) The court shall give written notice of the time and |
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place of the hearing to: |
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(1) the owner of the dog or the person from whom the |
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dog was seized; and |
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(2) the person who made the complaint. |
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(c) Any interested party, including the county attorney or |
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city attorney, is entitled to present evidence at the hearing. |
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(d) The court shall order the dog destroyed if the court |
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finds that the dog caused the death of a person by attacking, |
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biting, or mauling the person. If that finding is not made, the |
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court shall order the dog released to: |
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(1) its owner; |
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(2) the person from whom the dog was seized; or |
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(3) any other person authorized to take possession of |
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the dog. |
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(e) The court may order the dog destroyed if the court finds |
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that the dog caused serious bodily injury to a person by attacking, |
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biting, or mauling the person. If that finding is not made, the |
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court shall order the dog released to: |
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(1) its owner; |
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(2) the person from whom the dog was seized; or |
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(3) any other person authorized to take possession of |
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the dog. |
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(f) The court may not order the dog destroyed if the court |
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finds that the dog caused the serious bodily injury to a person by |
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attacking, biting, or mauling the person and: |
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(1) the dog was being used for the protection of a |
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person or person's property, the attack, bite, or mauling occurred |
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in an enclosure in which the dog was being kept, and: |
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(A) the enclosure was reasonably certain to |
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prevent the dog from leaving the enclosure on its own and provided |
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notice of the presence of a dog; and |
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(B) the injured person was at least eight years |
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of age, and was trespassing in the enclosure when the attack, bite, |
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or mauling occurred; |
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(2) the dog was not being used for the protection of a
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person or person's property, the attack, bite, or mauling occurred
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in an enclosure in which the dog was being kept, and the injured
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person was at least eight years of age and was trespassing in the
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enclosure when the attack, bite, or mauling occurred;
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(2) (3) the attack, bite, or mauling occurred during |
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an arrest or other action of a peace officer while the peace officer |
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was using the dog for law enforcement purposes; |
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(3) (4) the dog was defending a person from an assault |
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or person's property from damage or theft by the injured person; or |
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[(5) the injured person was younger than eight years
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of age, the attack, bite, or mauling occurred in an enclosure in
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which the dog was being kept, and the enclosure was reasonably
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certain to keep a person younger than eight years of age from
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entering.] |
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SECTION 2. This Act takes effect September 1, 2007. |