Texas 2009 - 81st Regular

Texas House Bill HB1982 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R9404 JSC-D
2	2	By: Martinez Fischer H.B. No. 1982
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the regulation of dangerous and vicious dogs; providing
8	8	penalties.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 822.001(3), Health and Safety Code, is
11	11	amended to read as follows:
12	12	(3) "Dangerous dog," "dog," "owner," [and] "secure
13	13	enclosure," and "vicious dog" have the meanings assigned by Section
14	14	822.041.
15	15	SECTION 2. Section 822.003(f), Health and Safety Code, is
16	16	amended to read as follows:
17	17	(f) The court may not order the dog destroyed if the court
18	18	finds that the dog caused the serious bodily injury to a person by
19	19	attacking, biting, or mauling the person and:
20	20	(1) the dog was being used for the protection of a
21	21	person or person's property, the attack, bite, or mauling occurred
22	22	in an enclosure in which the dog was being kept, and:
23	23	(A) the enclosure was reasonably certain to
24	24	prevent the dog from leaving the enclosure on its own and provided
25	25	notice of the presence of a dog; and
26	26	(B) the injured person was at least 15 [eight]
27	27	years of age, and was trespassing in the enclosure when the attack,
28	28	bite, or mauling occurred;
29	29	(2) the dog was not being used for the protection of a
30	30	person or person's property, the attack, bite, or mauling occurred
31	31	in an enclosure in which the dog was being kept, and the injured
32	32	person was at least 15 [eight] years of age and was trespassing in
33	33	the enclosure when the attack, bite, or mauling occurred;
34	34	(3) the attack, bite, or mauling occurred during an
35	35	arrest or other action of a peace officer while the peace officer
36	36	was using the dog for law enforcement purposes;
37	37	(4) the dog was defending a person from an assault or
38	38	person's property from damage or theft by the injured person; or
39	39	(5) the injured person was younger than 15 [eight]
40	40	years of age, the attack, bite, or mauling occurred in an enclosure
41	41	in which the dog was being kept, and the enclosure was reasonably
42	42	certain to keep a person younger than 15 [eight] years of age from
43	43	entering.
44	44	SECTION 3. Sections 822.005, Health and Safety Code, is
45	45	amended by amending Subsections (a) and (b) and adding Subsection
46	46	(b-1) to read as follows:
47	47	(a) A person commits an offense if the person is the owner of
48	48	a dog and the person:
49	49	(1) with criminal negligence, as defined by Section
50	50	6.03, Penal Code, fails to secure the dog and the dog makes an
51	51	unprovoked attack on another person that occurs at a location other
52	52	than the owner's real property or in or on the owner's motor vehicle
53	53	or boat and that causes serious bodily injury, as defined by Section
54	54	1.07, Penal Code, or death to the other person; or
55	55	(2) knows the dog is a dangerous dog by learning in a
56	56	manner described by Section 822.042(g) that the person is the owner
57	57	of a dangerous dog, or knows the dog is a vicious dog, and the
58	58	dangerous or vicious dog makes an unprovoked attack on another
59	59	person that occurs at a location other than a secure enclosure in
60	60	which the dog is restrained in accordance with Subchapter D and that
61	61	causes serious bodily injury, as defined by Section 822.001, or
62	62	death to the other person.
63	63	(b) An offense under this section is a felony of the third
64	64	degree [unless the attack causes death, in which event the offense
65	65	is a felony of the second degree].
66	66	(b-1) Notwithstanding Subsection (b), an offense under this
67	67	section is a felony of the second degree if:
68	68	(1) the attack causes death;
69	69	(2) the victim of the attack is a person younger than
70	70	15 years of age; or
71	71	(3) the victim of the attack is a person 65 years of
72	72	age or older.
73	73	SECTION 4. The heading to Subchapter D, Chapter 822, Health
74	74	and Safety Code, is amended to read as follows:
75	75	SUBCHAPTER D. DANGEROUS AND VICIOUS DOGS
76	76	SECTION 5. Section 822.041, Health and Safety Code, is
77	77	amended by adding Subdivision (6) to read as follows:
78	78	(6) "Vicious dog" means a dog that:
79	79	(A) because of the dog's physical nature and
80	80	vicious propensity is capable of inflicting serious bodily injury,
81	81	as that term is defined by Section 822.001, or death to human beings
82	82	and constitutes a danger to human life or property;
83	83	(B) without reasonable provocation has
84	84	habitually behaved within the enclosure in which the dog is kept in
85	85	such a manner that the owner knows or should know that the animal is
86	86	likely to attack or bite;
87	87	(C) commits unprovoked acts while in the
88	88	enclosure in which the dog is kept, and those acts cause a person to
89	89	reasonably believe that the dog will attack and cause bodily injury
90	90	to that person; or
91	91	(D) acts in a highly aggressive manner while in
92	92	the enclosure in which the dog is kept and appears to a reasonable
93	93	person to be able to escape from the enclosure.
94	94	SECTION 6. The heading to Section 822.042, Health and
95	95	Safety Code, is amended to read as follows:
96	96	Sec. 822.042. REQUIREMENTS FOR OWNER OF DANGEROUS OR
97	97	VICIOUS DOG.
98	98	SECTION 7. Section 822.042, Health and Safety Code, is
99	99	amended by amending Subsections (a), (b), (c), and (g) and adding
100	100	Subsections (h) and (i) to read as follows:
101	101	(a) Not later than the 30th day after a person learns that
102	102	the person is the owner of a dangerous or vicious dog, the person
103	103	shall:
104	104	(1) register the dangerous or vicious dog with the
105	105	animal control authority for the area in which the dog is kept;
106	106	(2) restrain the dangerous or vicious dog at all times
107	107	on a leash in the immediate control of a person or in a secure
108	108	enclosure;
109	109	(3) obtain liability insurance coverage or show
110	110	financial responsibility in an amount of at least $100,000 to cover
111	111	damages resulting from an attack by the dangerous or vicious dog
112	112	causing bodily injury to a person and provide proof of the required
113	113	liability insurance coverage or financial responsibility to the
114	114	animal control authority for the area in which the dog is kept; and
115	115	(4) comply with an applicable municipal or county
116	116	regulation, requirement, or restriction on dangerous or vicious
117	117	dogs.
118	118	(b) The owner of a dangerous or vicious dog who does not
119	119	comply with Subsection (a) shall deliver the dog to the animal
120	120	control authority not later than the 30th day after the owner learns
121	121	that the dog is a dangerous or vicious dog.
122	122	(c) If, on application of any person, a justice court,
123	123	county court, or municipal court finds, after notice and hearing as
124	124	provided by Section 822.0423, that the owner of a dangerous or
125	125	vicious dog has failed to comply with Subsection (a) or (b), the
126	126	court shall order the animal control authority to seize the dog and
127	127	shall issue a warrant authorizing the seizure. The authority shall
128	128	seize the dog or order its seizure and shall provide for the
129	129	impoundment of the dog in secure and humane conditions.
130	130	(g) For purposes of this section, a person learns that the
131	131	person is the owner of a dangerous or vicious dog when:
132	132	(1) the owner knows of an attack described in Section
133	133	822.041(2)(A) or (B);
134	134	(2) the owner receives notice that a justice court,
135	135	county court, or municipal court has found that the dog is a
136	136	dangerous or vicious dog under Section 822.0423; [or]
137	137	(3) the owner is informed by the animal control
138	138	authority that the dog is a dangerous or vicious dog under Section
139	139	822.0421; or
140	140	(4) the owner knows of or observes facts or actions
141	141	described by Section 822.041(6).
142	142	(h) A person who is younger than 21 years of age may not be
143	143	the owner of a dangerous or vicious dog.
144	144	(i) An owner of a dangerous or vicious dog may not allow the
145	145	dog to enter a public park or the grounds of a primary or secondary
146	146	school, regardless of whether the dog is on a leash.
147	147	SECTION 8. Section 822.0421, Health and Safety Code, is
148	148	amended to read as follows:
149	149	Sec. 822.0421. DETERMINATION THAT DOG IS DANGEROUS OR
150	150	VICIOUS. (a) If a person reports an incident described by Section
151	151	822.041(2) or a fact or action described by Section 822.041(6), the
152	152	animal control authority may investigate the fact, action, or
153	153	incident. If, after receiving the sworn statements of any
154	154	witnesses, the animal control authority determines the dog is a
155	155	dangerous or vicious dog, it shall notify the owner of that fact.
156	156	(b) An owner, not later than the 15th day after the date the
157	157	owner is notified that a dog owned by the owner is a dangerous or
158	158	vicious dog, may appeal the determination of the animal control
159	159	authority to a justice, county, or municipal court of competent
160	160	jurisdiction. An owner may appeal the decision of the justice,
161	161	county, or municipal court in the same manner as appeal for other
162	162	cases from the justice, county, or municipal court.
163	163	SECTION 9. Sections 822.0422(b), (d), and (e), Health and
164	164	Safety Code, are amended to read as follows:
165	165	(b) A person may report an incident described by Section
166	166	822.041(2) or a fact or action described by Section 822.041(6) to a
167	167	municipal court, a justice court, or a county court. The owner of
168	168	the dog shall deliver the dog to the animal control authority not
169	169	later than the fifth day after the date on which the owner receives
170	170	notice that the report has been filed. The authority may provide
171	171	for the impoundment of the dog in secure and humane conditions until
172	172	the court orders the disposition of the dog.
173	173	(d) The court shall determine, after notice and hearing as
174	174	provided in Section 822.0423, whether the dog is a dangerous or
175	175	vicious dog.
176	176	(e) The court, after determining that the dog is a dangerous
177	177	or vicious dog, may order the animal control authority to continue
178	178	to impound the dangerous or vicious dog in secure and humane
179	179	conditions until the court orders disposition of the dog under
180	180	Section 822.042 and the dog is returned to the owner or destroyed.
181	181	SECTION 10. Section 822.0423(a), Health and Safety Code, is
182	182	amended to read as follows:
183	183	(a) The court, on receiving a report of an incident, fact,
184	184	or action under Section 822.0422 or on application under Section
185	185	822.042(c), shall set a time for a hearing to determine whether the
186	186	dog is a dangerous or vicious dog or whether the owner of the dog has
187	187	complied with Section 822.042. The hearing must be held not later
188	188	than the 10th day after the date on which the dog is seized or
189	189	delivered.
190	190	SECTION 11. Subchapter D, Chapter 822, Health and Safety
191	191	Code, is amended by adding Section 822.0424 to read as follows:
192	192	Sec. 822.0424. RESPONSIBILITY OF DOG OWNER IN CERTAIN
193	193	MUNICIPALITIES. (a) This section applies only to a city with a
194	194	population of more than one million.
195	195	(b) A person who owns or keeps custody or control of a dog
196	196	weighing 40 pounds or more shall ensure that the dog, at any time
197	197	the dog is not on a leash in the immediate control of a person, is
198	198	kept inside a residence or in a secure enclosure on the premises
199	199	where the dog is kept.
200	200	SECTION 12. Section 822.043, Health and Safety Code, is
201	201	amended to read as follows:
202	202	Sec. 822.043. REGISTRATION. (a) An animal control
203	203	authority for the area in which the dog is kept shall annually
204	204	register a dangerous or vicious dog if the owner:
205	205	(1) presents proof of:
206	206	(A) liability insurance or financial
207	207	responsibility, as required by Section 822.042;
208	208	(B) current rabies vaccination of the dangerous
209	209	or vicious dog; and
210	210	(C) the secure enclosure in which the dangerous
211	211	or vicious dog will be kept; and
212	212	(2) pays an annual registration fee of $50.
213	213	(b) The animal control authority shall provide to the owner
214	214	registering a dangerous or vicious dog a registration tag. The
215	215	owner must place the tag on the dog's collar.
216	216	(c) If an owner of a registered dangerous or vicious dog
217	217	sells or moves the dog to a new address, the owner, not later than
218	218	the 14th day after the date of the sale or move, shall notify the
219	219	animal control authority for the area in which the new address is
220	220	located. On presentation by the current owner of the dangerous or
221	221	vicious dog's prior registration tag and payment of a fee of $25,
222	222	the animal control authority shall issue a new registration tag to
223	223	be placed on the dangerous or vicious dog's collar.
224	224	(d) An owner of a registered dangerous or vicious dog shall
225	225	notify the office in which the dangerous or vicious dog was
226	226	registered of any attacks the dangerous or vicious dog makes on
227	227	people.
228	228	SECTION 13. The heading to Section 822.044, Health and
229	229	Safety Code, is amended to read as follows:
230	230	Sec. 822.044. ATTACK BY DANGEROUS OR VICIOUS DOG.
231	231	SECTION 14. Sections 822.044(a) and (c), Health and Safety
232	232	Code, are amended to read as follows:
233	233	(a) A person commits an offense if the person is the owner of
234	234	a dangerous or vicious dog and the dog makes an unprovoked attack on
235	235	another person outside the dog's enclosure and causes bodily injury
236	236	to the other person.
237	237	(c) If a person is found guilty of an offense under this
238	238	section, the court may order the dangerous or vicious dog destroyed
239	239	by a person listed in Section 822.004.
240	240	SECTION 15. Section 822.045, Health and Safety Code, is
241	241	amended by amending Subsection (a) and adding Subsection (a-1) to
242	242	read as follows:
243	243	(a) A person who owns or keeps custody or control of a
244	244	dangerous or vicious dog commits an offense if the person fails to
245	245	comply with Section 822.042 or Section 822.0422(b) or an applicable
246	246	municipal or county regulation relating to dangerous or vicious
247	247	dogs.
248	248	(a-1) A person who owns or keeps custody or control of a dog
249	249	weighing 40 pounds or more commits an offense if the person violates
250	250	Section 822.0424.
251	251	SECTION 16. Section 822.047, Health and Safety Code, is
252	252	amended to read as follows:
253	253	Sec. 822.047. LOCAL REGULATION OF DANGEROUS OR VICIOUS
254	254	DOGS. A county or municipality may place additional requirements
255	255	or restrictions on dangerous or vicious dogs if the requirements or
256	256	restrictions:
257	257	(1) are not specific to one breed or several breeds of
258	258	dogs; and
259	259	(2) are more stringent than restrictions provided by
260	260	this subchapter.
261	261	SECTION 17. (a) The change in law made by this Act applies
262	262	only to an offense committed on or after the effective date of this
263	263	Act. For purposes of this section, an offense is committed before
264	264	the effective date of this Act if any element of the offense occurs
265	265	before that date.
266	266	(b) An offense committed before the effective date of this
267	267	Act is covered by the law in effect when the offense was committed,
268	268	and the former law is continued in effect for that purpose.
269	269	SECTION 18. This Act takes effect September 1, 2009.