Texas 2011 82nd Regular

Texas House Bill HB998 Introduced / Bill

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                    82R2547 JSC-D
 By: McClendon H.B. No. 998


 A BILL TO BE ENTITLED
 AN ACT
 relating to the civil liability of and insurance requirements for
 owners of certain dogs; providing penalties.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Subchapter A, Chapter 822, Health and Safety
 Code, is amended by adding Section 822.008 to read as follows:
 Sec. 822.008.  CIVIL LIABILITY AND LIABILITY INSURANCE FOR
 CERTAIN DOGS.  (a)  This section applies only to a male dog that:
 (1)  has not been neutered;
 (2)  weighs 20 pounds or more; and
 (3)  is not restrained at all times:
 (A)  on a leash in the immediate control of a
 person; or
 (B)  in a secure enclosure.
 (b)  The owner of a dog described by Subsection (a) is liable
 for damages to property and for death or bodily injury to a person
 resulting from an attack by the dog.
 (c)  The owner of a dog described by Subsection (a) shall
 maintain liability insurance coverage in an amount of not less than
 $100,000 for each occurrence for liability for damages to property
 and for death or bodily injury to a person caused by the dog.
 (d)  A person commits an offense if the person violates
 Subsection (c). An offense under this subsection is a Class C
 misdemeanor unless it is shown on the trial of the offense that the
 person has previously committed an offense under this subsection,
 in which event it is a Class B misdemeanor.
 SECTION 2.  Section 822.008, Health and Safety Code, as
 added by this Act, applies only to a cause of action that accrues on
 or after the effective date of this Act.  A cause of action that
 accrues before the effective date of this Act is governed by the law
 as it existed at the time the cause of action accrued, and that law
 is continued in effect for that purpose.
 SECTION 3.  This Act takes effect September 1, 2011.