The bill would amend the Health and Safety Code by making the offense of attack by dog punishable as a felony of the first degree if the attack causes death to a person younger than 15 years of age, or 65 years of age or older. The offense of attack by dog is currently punishable as a felony of the second degree if the attack causes death to any person.

A felony of the second degree is punishable by confinement in prison for a term from 2 to 20 years and, in addition to confinement, an optional fine not to exceed $10,000. A felony of the first degree is punishable by confinement in prison for life or a term from 5 to 99 years and, in addition to confinement, an optional fine not to exceed $10,000.

According to data provided by the Texas Department of Criminal Justice and the Department of Public Safety, there were less than five persons convicted for the offense of attack by dog in fiscal year 2010. For this analysis, it is assumed the bill would not result in a significant impact on the programs and workload of state corrections agencies or on the demand for resources and services of those agencies.