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A BILL TO BE ENTITLED
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AN ACT
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relating to an attack by a dangerous dog; increasing a criminal |
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penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 822.0421, Health and Safety Code, is |
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amended by amending Subsection (a) and adding Subsections (a-1), |
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(a-2), and (e) to read as follows: |
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(a) If a person reports an incident described by Section |
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822.041(2), the animal control authority shall [may] investigate |
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the incident. The animal control authority shall determine whether |
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the dog is a dangerous dog by observing and documenting the behavior |
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of the dog or by examining [If , after receiving] the sworn |
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statements of any witnesses. If[,] the animal control authority |
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determines the dog is a dangerous dog, the animal control authority |
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shall notify the owner in writing of the determination. |
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(a-1) A dog is presumed to be a dangerous dog for the |
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purposes of this section if an incident described by Section |
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822.041(2) results in: |
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(1) serious bodily injury, as defined by Section |
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822.001, or death of an individual; |
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(2) the transport of an individual to a hospital; |
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(3) the filing of a police report on the incident; or |
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(4) the arrest of the owner. |
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(a-2) If the animal control authority determines that a dog |
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is a dangerous dog under this section, the authority must |
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immediately notify an appropriate law enforcement agency and the |
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local county or district attorney with jurisdiction of the |
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incident. |
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(e) The identifying information of a witness who gives a |
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sworn statement under Subsection (a) is not subject to disclosure |
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under Chapter 552, Government Code. In this subsection, |
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"identifying information" has the meaning assigned by Section |
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32.51, Penal Code. |
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SECTION 2. Section 822.044, Health and Safety Code, is |
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amended by amending Subsection (b) and adding Subsection (b-1) to |
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read as follows: |
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(b) Except as provided by Subsection (b-1), an [An] offense |
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under this section is a Class C misdemeanor. |
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(b-1) An offense under this section is a felony of the third |
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degree if it is shown on trial of the offense that the defendant has |
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been previously convicted of an offense under this section. |
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SECTION 3. (a) Except as otherwise provided by this |
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section, Section 822.0421, Health and Safety Code, as amended by |
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this Act, applies only to a determination based on an incident that |
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occurred on or after the effective date of this Act. An incident |
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that occurred before the effective date of this Act is governed by |
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the law in effect on the date the incident occurred, and the former |
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law is continued in effect for that purpose. |
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(b) Section 822.0421(e), Health and Safety Code, as added by |
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this Act, applies to information contained in a sworn statement |
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released on or after the effective date of this Act, regardless of |
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whether the sworn statement was made before, on, or after that date. |
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SECTION 4. Section 822.044, Health and Safety Code, as |
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amended by this Act, applies only to an offense committed on or |
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after the effective date of this Act. An offense committed before |
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the effective date of this Act is governed by the law in effect on |
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the date the offense was committed, and the former law is continued |
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in effect for that purpose. For purposes of this section, an |
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offense was committed before the effective date of this Act if any |
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element of the offense occurred before that date. |
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SECTION 5. This Act takes effect September 1, 2023. |