BILL ANALYSIS

 

 

Senate Research Center

S.B. 155

89R3050 MPF-F

By: Men�ndez

 

Criminal Justice

 

5/2/2025

 

As Filed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

On February 24, 2023, in San Antonio, Texas, Mr. Ramon Najera (age 81) and his wife Juanita (age 74) were viciously attacked by two dogs as they prepared to enter their vehicles. Both individuals were mauled, while a relative suffered a bite to the hand and a firefighter was punctured in the leg. All three dogs�the two directly involved and a third that was unrestrained�were put down after killing the man and leaving the woman in critical condition at a nearby hospital.

 

San Antonio alone has publicly reported over 16 dangerous dog attacks since Mr. Najera was killed, including those which seriously injured, maimed, or killed San Antonians of all ages. Most recently, a babysitter's dog attacked the 1-year-old and the 3-year-old she was caring for, seriously injuring both.

 

Texas leads the nation in fatal dog attacks. In 2022, there were 10 deaths by dogs in the state, with 70 fatal dog attacks occurring in Texas from 2005�2022. According to the American Veterinary Medical Association, 4.5 million people are bitten by dogs each year, with 800,000 (1 in 5) of those cases requiring medical attention. Children are not only the most common victims of dog attacks, but are also the most likely to be severely injured by these attacks.

 

Currently, in order for a concerned citizen to report dangerous dogs in their neighborhood, they are required to provide an affidavit or sworn statement. This lack of anonymous reporting deters people from reporting dangerous dogs, especially because of the potential that their owners may have criminal records.

 

S.B. 155 is bracketed to the city of San Antonio. The bill would allow identifying information of a person giving a sworn witness statement to be confidential and not subject to disclosure. The bill also clarifies that a dog attack causing bodily injury would be a Class B misdemeanor, a third degree felony if it causes serious bodily injury, and a second degree felony if the attack causes death. It would also increase the criminal penalty to a Class A misdemeanor if the defendant has been previously convicted of the same offense before.

 

As proposed, S.B. 155 amends current law relating to an attack by a dangerous dog and increases a criminal penalty.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends Section 822.001, Health and Safety Code, by adding Subdivision (1-a) to define "bodily injury."

 

SECTION 2. Amends Sections 822.005(a) and (b), Health and Safety Code, as follows:

 

(a) Provides that 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 (Definitions of Culpable Mental States), 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 (Definitions), 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) (relating to providing that a person learns that the person is the owner of a dangerous dog under certain circumstances) 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 (Dangerous Dogs) and that causes bodily injury or serious bodily injury, as defined by Section 822.001 (Definitions), or death to the other person.

 

Makes a nonsubstantive change to this subsection.

 

(b) Provides that an offense under 822.005 (Attack by Dog) 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 the attack causes death.

 

Deletes existing text providing that an offense under this section is a felony of the third degree unless the attack causes death, in which event the offense is a felony of the second degree.

 

SECTION 3. Amends Section 822.0421, Health and Safety Code, by adding Subsection (e), as follows:

 

(e) Defines "identifying information." Provides that the identifying information of a witness who gives a sworn statement under Subsection (a) (relating to authorizing the animal control authority to investigate and make determinations relating to a reported incident involving a dangerous dog):

 

(1) is confidential and not subject to disclosure under Chapter 552 (Public Information), Government Code; and

 

(2) is authorized to be disclosed only for purposes of enforcing Chapter 822 (Regulation of Animals) to the governing body of the municipality or county in which the incident occurred, as applicable, and any other governmental or law enforcement agency.

 

SECTION 4. Amends Subchapter D, Chapter 822, Health and Safety Code, by adding Section 822.04215, as follows:

 

Sec. 822.04215. DETERMINATION THAT DOG IS DANGEROUS IN CERTAIN MUNICIPALITIES. (a) Provides that 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) Requires the animal control authority, notwithstanding Section 822.0421(a), if a person reports an incident described by Section 822.041(2)(A) (relating to a dog that makes an unprovoked attack on a person that causes certain injuries) or (B) (relating to a dog that commits unprovoked acts in certain places that cause a person to believe that the dog will cause injury), to investigate the incident. Requires the animal control authority, if after reviewing the sworn statements of any witness or reviewing any other applicable reports or information, the animal control authority determines the dog is a dangerous dog, to notify the owner in writing of the determination.

 

SECTION 5. Amends Section 822.044, Health and Safety Code, by amending Subsection (b) and adding Subsection (b-1), as follows:

 

(b) Creates an exception under Subsection (b-1).

 

(b-1) Provides that an offense under Section 822.044 (Attack by Dangerous Dog) 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. Makes application of the changes in law made by this Act to Sections 822.005 and 822.044, Health and Safety Code, as amended by this Act, prospective.

 

SECTION 7. Provides that 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. Makes application of Section 822.04215, Health and Safety Code, as added by this Act, prospective.

 

SECTION 9. Effective date: September 1, 2025.