| 1 | 1 | | 82R21242 JSC-D |
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| 2 | 2 | | By: Hopson, Shelton H.B. No. 1389 |
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| 3 | 3 | | Substitute the following for H.B. No. 1389: |
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| 4 | 4 | | By: Christian C.S.H.B. No. 1389 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the criminal penalties for the owner of a dog that |
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| 10 | 10 | | attacks another person. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 822.005, Health and Safety Code, is |
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| 13 | 13 | | amended by amending Subsection (b) and adding Subsection (b-1) to |
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| 14 | 14 | | read as follows: |
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| 15 | 15 | | (b) Except as provided by Subsection (b-1), an [An] offense |
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| 16 | 16 | | under this section is a felony of the third degree [unless the |
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| 17 | 17 | | attack causes death, in which event the offense is a felony of the |
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| 18 | 18 | | second degree]. |
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| 19 | 19 | | (b-1) An offense under this section is a felony of the |
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| 20 | 20 | | second degree if the attack causes death, except that the offense is |
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| 21 | 21 | | a felony of the first degree if the attack causes death to a person: |
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| 22 | 22 | | (1) younger than 18 years of age; or |
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| 23 | 23 | | (2) 65 years of age or older. |
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| 24 | 24 | | SECTION 2. The change in law made by this Act applies only |
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| 25 | 25 | | to an offense committed on or after the effective date of this Act. |
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| 26 | 26 | | An offense committed before the effective date of this Act is |
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| 27 | 27 | | governed by the law in effect on the date the offense was committed, |
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| 28 | 28 | | and the former law is continued in effect for that purpose. For |
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| 29 | 29 | | purposes of this section, an offense was committed before the |
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| 30 | 30 | | effective date of this Act if any element of the offense occurred |
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| 31 | 31 | | before that date. |
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| 32 | 32 | | SECTION 3. This Act takes effect September 1, 2011. |
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