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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. This Act may be cited as the Roman Najera Act. |
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SECTION 2. Section 822.0421, Health and Safety Code, is |
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amended by amending Subsection (a) and adding Subsection (e) to |
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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 may investigate the |
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incident. If the animal control authority investigates the |
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incident by observing and documenting the behavior of the dog or by |
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examining [If , after receiving] the sworn statements of any |
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witnesses, the animal control authority: |
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(1) may determine [determines] the dog is a dangerous |
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dog; and |
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(2) for a dog the animal control authority determines |
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is a dangerous dog, [the animal control authority] shall notify the |
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owner in writing of the determination. |
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(e) In this subsection, "identifying information" has the |
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meaning assigned by Section 32.51, Penal Code. The identifying |
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information of a witness who gives a sworn statement under |
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Subsection (a): |
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(1) is confidential and not subject to disclosure |
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under Chapter 552, Government Code; and |
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(2) may be disclosed only for purposes of enforcing |
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this chapter to the governing body of the municipality or county in |
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which the incident occurred, as applicable, and any other |
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governmental or law enforcement agency. |
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SECTION 3. Subchapter D, Chapter 822, Health and Safety |
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Code, is amended by adding Section 822.04215 to read as follows: |
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Sec. 822.04215. DANGEROUS DOG DETERMINATION IN CERTAIN |
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MUNICIPALITIES. (a) This section applies only to a municipality |
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containing more than 70 percent of the population of a county with a |
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population of 1.5 million or more. |
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(b) Notwithstanding Section 822.0421(a), if a person |
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reports an incident described by Section 822.041(2)(A) or (B), the |
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animal control authority may investigate the incident. If after |
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reviewing the sworn statements of any witness or reviewing any |
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other applicable reports or information the animal control |
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authority determines the dog is a dangerous dog, the animal control |
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authority shall notify the owner in writing of the determination. |
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SECTION 4. 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 Class B misdemeanor |
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if it is shown on trial of the offense that the defendant has been |
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previously convicted of an offense under this section. |
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SECTION 5. (a) Section 822.0421(a), Health and Safety |
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Code, as amended by this Act, applies only to a determination based |
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on an incident that occurred on or after the effective date of this |
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Act. An incident that occurred before the effective date of this |
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Act is governed by the law in effect on the date the incident |
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occurred, and the former law is continued in effect for that |
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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 6. Section 822.04215, Health and Safety Code, as |
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added by this Act, applies only to a determination based on an |
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incident that occurred on or after the effective date of this Act. |
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An incident that occurred before the effective date of this Act is |
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governed by the law in effect on the date the incident occurred, and |
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the former law is continued in effect for that purpose. |
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SECTION 7. The changes in law made by this Act to Section |
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822.044, Health and Safety Code, as amended by this Act, apply only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 8. This Act takes effect September 1, 2025. |