81R9404 JSC-D
By: Martinez Fischer H.B. No. 1982
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of dangerous and vicious dogs; providing
penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 822.001(3), Health and Safety Code, is
amended to read as follows:
(3) "Dangerous dog," "dog," "owner," [and] "secure
enclosure," and "vicious dog" have the meanings assigned by Section
822.041.
SECTION 2. Section 822.003(f), Health and Safety Code, is
amended to read as follows:
(f) The court may not order the dog destroyed if the court
finds that the dog caused the serious bodily injury to a person by
attacking, biting, or mauling the person and:
(1) the dog was being used for the protection of a
person or person's property, the attack, bite, or mauling occurred
in an enclosure in which the dog was being kept, and:
(A) the enclosure was reasonably certain to
prevent the dog from leaving the enclosure on its own and provided
notice of the presence of a dog; and
(B) the injured person was at least 15 [eight]
years of age, and was trespassing in the enclosure when the attack,
bite, or mauling occurred;
(2) the dog was not being used for the protection of a
person or person's property, the attack, bite, or mauling occurred
in an enclosure in which the dog was being kept, and the injured
person was at least 15 [eight] years of age and was trespassing in
the enclosure when the attack, bite, or mauling occurred;
(3) the attack, bite, or mauling occurred during an
arrest or other action of a peace officer while the peace officer
was using the dog for law enforcement purposes;
(4) the dog was defending a person from an assault or
person's property from damage or theft by the injured person; or
(5) the injured person was younger than 15 [eight]
years of age, the attack, bite, or mauling occurred in an enclosure
in which the dog was being kept, and the enclosure was reasonably
certain to keep a person younger than 15 [eight] years of age from
entering.
SECTION 3. Sections 822.005, Health and Safety Code, is
amended by amending Subsections (a) and (b) and adding Subsection
(b-1) 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 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, or knows the dog is a vicious dog, and the
dangerous or vicious 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 serious bodily injury, as defined by Section 822.001, or
death to the other person.
(b) 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].
(b-1) Notwithstanding Subsection (b), an offense under this
section is a felony of the second degree if:
(1) the attack causes death;
(2) the victim of the attack is a person younger than
15 years of age; or
(3) the victim of the attack is a person 65 years of
age or older.
SECTION 4. The heading to Subchapter D, Chapter 822, Health
and Safety Code, is amended to read as follows:
SUBCHAPTER D. DANGEROUS AND VICIOUS DOGS
SECTION 5. Section 822.041, Health and Safety Code, is
amended by adding Subdivision (6) to read as follows:
(6) "Vicious dog" means a dog that:
(A) because of the dog's physical nature and
vicious propensity is capable of inflicting serious bodily injury,
as that term is defined by Section 822.001, or death to human beings
and constitutes a danger to human life or property;
(B) without reasonable provocation has
habitually behaved within the enclosure in which the dog is kept in
such a manner that the owner knows or should know that the animal is
likely to attack or bite;
(C) commits unprovoked acts while in the
enclosure in which the dog is kept, and those acts cause a person to
reasonably believe that the dog will attack and cause bodily injury
to that person; or
(D) acts in a highly aggressive manner while in
the enclosure in which the dog is kept and appears to a reasonable
person to be able to escape from the enclosure.
SECTION 6. The heading to Section 822.042, Health and
Safety Code, is amended to read as follows:
Sec. 822.042. REQUIREMENTS FOR OWNER OF DANGEROUS OR
VICIOUS DOG.
SECTION 7. Section 822.042, Health and Safety Code, is
amended by amending Subsections (a), (b), (c), and (g) and adding
Subsections (h) and (i) to read as follows:
(a) Not later than the 30th day after a person learns that
the person is the owner of a dangerous or vicious dog, the person
shall:
(1) register the dangerous or vicious dog with the
animal control authority for the area in which the dog is kept;
(2) restrain the dangerous or vicious dog at all times
on a leash in the immediate control of a person or in a secure
enclosure;
(3) obtain liability insurance coverage or show
financial responsibility in an amount of at least $100,000 to cover
damages resulting from an attack by the dangerous or vicious dog
causing bodily injury to a person and provide proof of the required
liability insurance coverage or financial responsibility to the
animal control authority for the area in which the dog is kept; and
(4) comply with an applicable municipal or county
regulation, requirement, or restriction on dangerous or vicious
dogs.
(b) The owner of a dangerous or vicious dog who does not
comply with Subsection (a) shall deliver the dog to the animal
control authority not later than the 30th day after the owner learns
that the dog is a dangerous or vicious dog.
(c) If, on application of any person, a justice court,
county court, or municipal court finds, after notice and hearing as
provided by Section 822.0423, that the owner of a dangerous or
vicious dog has failed to comply with Subsection (a) or (b), the
court shall order the animal control authority to seize the dog and
shall issue a warrant authorizing the seizure. The authority shall
seize the dog or order its seizure and shall provide for the
impoundment of the dog in secure and humane conditions.
(g) For purposes of this section, a person learns that the
person is the owner of a dangerous or vicious dog when:
(1) the owner knows of an attack described in Section
822.041(2)(A) or (B);
(2) the owner receives notice that a justice court,
county court, or municipal court has found that the dog is a
dangerous or vicious dog under Section 822.0423; [or]
(3) the owner is informed by the animal control
authority that the dog is a dangerous or vicious dog under Section
822.0421; or
(4) the owner knows of or observes facts or actions
described by Section 822.041(6).
(h) A person who is younger than 21 years of age may not be
the owner of a dangerous or vicious dog.
(i) An owner of a dangerous or vicious dog may not allow the
dog to enter a public park or the grounds of a primary or secondary
school, regardless of whether the dog is on a leash.
SECTION 8. Section 822.0421, Health and Safety Code, is
amended to read as follows:
Sec. 822.0421. DETERMINATION THAT DOG IS DANGEROUS OR
VICIOUS. (a) If a person reports an incident described by Section
822.041(2) or a fact or action described by Section 822.041(6), the
animal control authority may investigate the fact, action, or
incident. If, after receiving the sworn statements of any
witnesses, the animal control authority determines the dog is a
dangerous or vicious dog, it shall notify the owner of that fact.
(b) An owner, not later than the 15th day after the date the
owner is notified that a dog owned by the owner is a dangerous or
vicious dog, may appeal the determination of the animal control
authority to a justice, county, or municipal court of competent
jurisdiction. An owner may appeal the decision of the justice,
county, or municipal court in the same manner as appeal for other
cases from the justice, county, or municipal court.
SECTION 9. Sections 822.0422(b), (d), and (e), Health and
Safety Code, are amended to read as follows:
(b) A person may report an incident described by Section
822.041(2) or a fact or action described by Section 822.041(6) to a
municipal court, a justice court, or a county court. The owner of
the dog shall deliver the dog to the animal control authority not
later than the fifth day after the date on which the owner receives
notice that the report has been filed. The authority may provide
for the impoundment of the dog in secure and humane conditions until
the court orders the disposition of the dog.
(d) The court shall determine, after notice and hearing as
provided in Section 822.0423, whether the dog is a dangerous or
vicious dog.
(e) The court, after determining that the dog is a dangerous
or vicious dog, may order the animal control authority to continue
to impound the dangerous or vicious dog in secure and humane
conditions until the court orders disposition of the dog under
Section 822.042 and the dog is returned to the owner or destroyed.
SECTION 10. Section 822.0423(a), Health and Safety Code, is
amended to read as follows:
(a) The court, on receiving a report of an incident, fact,
or action under Section 822.0422 or on application under Section
822.042(c), shall set a time for a hearing to determine whether the
dog is a dangerous or vicious dog or whether the owner of the dog has
complied with Section 822.042. The hearing must be held not later
than the 10th day after the date on which the dog is seized or
delivered.
SECTION 11. Subchapter D, Chapter 822, Health and Safety
Code, is amended by adding Section 822.0424 to read as follows:
Sec. 822.0424. RESPONSIBILITY OF DOG OWNER IN CERTAIN
MUNICIPALITIES. (a) This section applies only to a city with a
population of more than one million.
(b) A person who owns or keeps custody or control of a dog
weighing 40 pounds or more shall ensure that the dog, at any time
the dog is not on a leash in the immediate control of a person, is
kept inside a residence or in a secure enclosure on the premises
where the dog is kept.
SECTION 12. Section 822.043, Health and Safety Code, is
amended to read as follows:
Sec. 822.043. REGISTRATION. (a) An animal control
authority for the area in which the dog is kept shall annually
register a dangerous or vicious dog if the owner:
(1) presents proof of:
(A) liability insurance or financial
responsibility, as required by Section 822.042;
(B) current rabies vaccination of the dangerous
or vicious dog; and
(C) the secure enclosure in which the dangerous
or vicious dog will be kept; and
(2) pays an annual registration fee of $50.
(b) The animal control authority shall provide to the owner
registering a dangerous or vicious dog a registration tag. The
owner must place the tag on the dog's collar.
(c) If an owner of a registered dangerous or vicious dog
sells or moves the dog to a new address, the owner, not later than
the 14th day after the date of the sale or move, shall notify the
animal control authority for the area in which the new address is
located. On presentation by the current owner of the dangerous or
vicious dog's prior registration tag and payment of a fee of $25,
the animal control authority shall issue a new registration tag to
be placed on the dangerous or vicious dog's collar.
(d) An owner of a registered dangerous or vicious dog shall
notify the office in which the dangerous or vicious dog was
registered of any attacks the dangerous or vicious dog makes on
people.
SECTION 13. The heading to Section 822.044, Health and
Safety Code, is amended to read as follows:
Sec. 822.044. ATTACK BY DANGEROUS OR VICIOUS DOG.
SECTION 14. Sections 822.044(a) and (c), Health and Safety
Code, are amended to read as follows:
(a) A person commits an offense if the person is the owner of
a dangerous or vicious dog and the dog makes an unprovoked attack on
another person outside the dog's enclosure and causes bodily injury
to the other person.
(c) If a person is found guilty of an offense under this
section, the court may order the dangerous or vicious dog destroyed
by a person listed in Section 822.004.
SECTION 15. Section 822.045, Health and Safety Code, is
amended by amending Subsection (a) and adding Subsection (a-1) to
read as follows:
(a) A person who owns or keeps custody or control of a
dangerous or vicious dog commits an offense if the person fails to
comply with Section 822.042 or Section 822.0422(b) or an applicable
municipal or county regulation relating to dangerous or vicious
dogs.
(a-1) A person who owns or keeps custody or control of a dog
weighing 40 pounds or more commits an offense if the person violates
Section 822.0424.
SECTION 16. Section 822.047, Health and Safety Code, is
amended to read as follows:
Sec. 822.047. LOCAL REGULATION OF DANGEROUS OR VICIOUS
DOGS. A county or municipality may place additional requirements
or restrictions on dangerous or vicious dogs if the requirements or
restrictions:
(1) are not specific to one breed or several breeds of
dogs; and
(2) are more stringent than restrictions provided by
this subchapter.
SECTION 17. (a) The change in law made by this Act applies
only to an offense committed on or after the effective date of this
Act. For purposes of this section, an offense is committed before
the effective date of this Act if any element of the offense occurs
before that date.
(b) An offense committed before the effective date of this
Act is covered by the law in effect when the offense was committed,
and the former law is continued in effect for that purpose.
SECTION 18. This Act takes effect September 1, 2009.