88R26274 MPF-F
 
  By: Campos, Bernal, Garcia, Leach H.B. No. 4759
 
  Substitute the following for H.B. No. 4759:
 
  By:  Klick C.S.H.B. No. 4759
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to an attack by a dangerous dog; increasing criminal
  penalties.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 822.001, Health and Safety Code, is
  amended by adding Subdivision (1-a) to read as follows:
               (1-a)  "Bodily injury" has the meaning assigned by
  Section 1.07, Penal Code.
         SECTION 2.  Sections 822.005(a) and (b), Health and Safety
  Code, are amended to read as follows:
         (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 bodily injury, 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 bodily injury or serious bodily
  injury, as defined by Section 822.001, or death to the other person.
         (b)  An offense under this section is:
               (1)  a Class B misdemeanor if the attack causes bodily
  injury;
               (2)  a felony of the third degree if the attack causes
  serious bodily injury; or
               (3)  a felony of the second degree if [unless] the
  attack causes death[, in which event the offense is a felony of the
  second degree].
         SECTION 3.  Section 822.0421, Health and Safety Code, is
  amended by adding Subsection (e) to read as follows:
         (e)  The identifying information of a witness who gives a
  sworn statement under Subsection (a) is not subject to disclosure
  under Chapter 552, Government Code. In this subsection,
  "identifying information" has the meaning assigned by Section
  32.51, Penal Code.
         SECTION 4.  Subchapter D, Chapter 822, Health and Safety
  Code, is amended by adding Section 822.04215 to read as follows:
         Sec. 822.04215.  DETERMINATION THAT DOG IS DANGEROUS IN
  CERTAIN MUNICIPALITIES. (a) This section applies only to a
  municipality that contains more than 70 percent of the population
  of a county with a population of 1.5 million or more.
         (b)  Notwithstanding Section 822.0421(a), if a person
  reports an incident described by Section 822.041(2), the animal
  control authority shall investigate the incident.  If after
  reviewing the sworn statements of any witness and reviewing any
  other applicable reports or information, the animal control
  authority determines the dog is a dangerous dog, the animal control
  authority shall notify the owner in writing of the determination.
         SECTION 5.  Section 822.044, Health and Safety Code, is
  amended by amending Subsection (b) and adding Subsection (b-1) to
  read as follows:
         (b)  Except as provided by Subsection (b-1), an [An] offense
  under this section is a Class C misdemeanor.
         (b-1)  An offense under this section is a Class A misdemeanor
  if it is shown on trial of the offense that the defendant has been
  previously convicted of an offense under this section.
         SECTION 6.  The changes in law made by this Act to Sections
  822.005 and 822.044, Health and Safety Code, as amended by this Act,
  apply only to an offense committed on or after the effective date of
  this Act. An offense committed before the effective date of this
  Act is governed by the law in effect on the date the offense was
  committed, and the former law is continued in effect for that
  purpose. For purposes of this section, an offense was committed
  before the effective date of this Act if any element of the offense
  occurred before that date.
         SECTION 7.  Section 822.0421(e), Health and Safety Code, as
  added by this Act, applies to information contained in a sworn
  statement released on or after the effective date of this Act,
  regardless of whether the sworn statement was made before, on, or
  after that date.
         SECTION 8.  Section 822.04215, Health and Safety Code, as
  added by this Act, applies only to a determination based on an
  incident that occurred on or after the effective date of this Act.
  An incident that occurred before the effective date of this Act is
  governed by the law in effect on the date the incident occurred, and
  the former law is continued in effect for that purpose.
         SECTION 9.  This Act takes effect September 1, 2023.