Texas 2023 - 88th Regular

Texas House Bill HB4759 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	H.B. No. 4759
2	2
3	3
4	4	AN ACT
5	5	relating to an attack by a dangerous dog; increasing criminal
6	6	penalties.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 822.001, Health and Safety Code, is
9	9	amended by adding Subdivision (1-a) to read as follows:
10	10	(1-a) "Bodily injury" has the meaning assigned by
11	11	Section 1.07, Penal Code.
12	12	SECTION 2. Sections 822.005(a) and (b), Health and Safety
13	13	Code, are amended to read as follows:
14	14	(a) A person commits an offense if the person is the owner of
15	15	a dog and the person:
16	16	(1) with criminal negligence, as defined by Section
17	17	6.03, Penal Code, fails to secure the dog and the dog makes an
18	18	unprovoked attack on another person that occurs at a location other
19	19	than the owner's real property or in or on the owner's motor vehicle
20	20	or boat and that causes bodily injury, serious bodily injury[,] as
21	21	defined by Section 1.07, Penal Code, or death to the other person;
22	22	or
23	23	(2) knows the dog is a dangerous dog by learning in a
24	24	manner described by Section 822.042(g) that the person is the owner
25	25	of a dangerous dog, and the dangerous dog makes an unprovoked attack
26	26	on another person that occurs at a location other than a secure
27	27	enclosure in which the dog is restrained in accordance with
28	28	Subchapter D and that causes bodily injury or serious bodily
29	29	injury, as defined by Section 822.001, or death to the other person.
30	30	(b) An offense under this section is:
31	31	(1) a Class B misdemeanor if the attack causes bodily
32	32	injury;
33	33	(2) a felony of the third degree if the attack causes
34	34	serious bodily injury; or
35	35	(3) a felony of the second degree if [unless] the
36	36	attack causes death[, in which event the offense is a felony of the
37	37	second degree].
38	38	SECTION 3. Section 822.0421, Health and Safety Code, is
39	39	amended by adding Subsection (e) to read as follows:
40	40	(e) In this subsection, "identifying information" has the
41	41	meaning assigned by Section 32.51, Penal Code. The identifying
42	42	information of a witness who gives a sworn statement under
43	43	Subsection (a):
44	44	(1) is confidential and not subject to disclosure
45	45	under Chapter 552, Government Code; and
46	46	(2) may be disclosed only for purposes of enforcing
47	47	this chapter to the governing body of the municipality or county in
48	48	which the incident occurred, as applicable, and any other
49	49	governmental or law enforcement agency.
50	50	SECTION 4. Subchapter D, Chapter 822, Health and Safety
51	51	Code, is amended by adding Section 822.04215 to read as follows:
52	52	Sec. 822.04215. DETERMINATION THAT DOG IS DANGEROUS IN
53	53	CERTAIN MUNICIPALITIES. (a) This section applies only to a
54	54	municipality that contains more than 70 percent of the population
55	55	of a county with a population of 1.5 million or more.
56	56	(b) Notwithstanding Section 822.0421(a), if a person
57	57	reports an incident described by Section 822.041(2), the animal
58	58	control authority shall investigate the incident. If after
59	59	reviewing the sworn statements of any witness or reviewing any
60	60	other applicable reports or information, the animal control
61	61	authority determines the dog is a dangerous dog, the animal control
62	62	authority shall notify the owner in writing of the determination.
63	63	SECTION 5. Section 822.044, Health and Safety Code, is
64	64	amended by amending Subsection (b) and adding Subsection (b-1) to
65	65	read as follows:
66	66	(b) Except as provided by Subsection (b-1), an [An] offense
67	67	under this section is a Class C misdemeanor.
68	68	(b-1) An offense under this section is a Class A misdemeanor
69	69	if it is shown on trial of the offense that the defendant has been
70	70	previously convicted of an offense under this section.
71	71	SECTION 6. The changes in law made by this Act to Sections
72	72	822.005 and 822.044, Health and Safety Code, as amended by this Act,
73	73	apply only to an offense committed on or after the effective date of
74	74	this Act. An offense committed before the effective date of this
75	75	Act is governed by the law in effect on the date the offense was
76	76	committed, and the former law is continued in effect for that
77	77	purpose. For purposes of this section, an offense was committed
78	78	before the effective date of this Act if any element of the offense
79	79	occurred before that date.
80	80	SECTION 7. Section 822.0421(e), Health and Safety Code, as
81	81	added by this Act, applies to information contained in a sworn
82	82	statement released on or after the effective date of this Act,
83	83	regardless of whether the sworn statement was made before, on, or
84	84	after that date.
85	85	SECTION 8. Section 822.04215, Health and Safety Code, as
86	86	added by this Act, applies only to a determination based on an
87	87	incident that occurred on or after the effective date of this Act.
88	88	An incident that occurred before the effective date of this Act is
89	89	governed by the law in effect on the date the incident occurred, and
90	90	the former law is continued in effect for that purpose.
91	91	SECTION 9. This Act takes effect September 1, 2023.
92	92	______________________________ ______________________________
93	93	President of the Senate Speaker of the House
94	94	I certify that H.B. No. 4759 was passed by the House on May
95	95	12, 2023, by the following vote: Yeas 99, Nays 34, 2 present, not
96	96	voting; and that the House concurred in Senate amendments to H.B.
97	97	No. 4759 on May 25, 2023, by the following vote: Yeas 114, Nays 21,
98	98	1 present, not voting.
99	99	______________________________
100	100	Chief Clerk of the House
101	101	I certify that H.B. No. 4759 was passed by the Senate, with
102	102	amendments, on May 22, 2023, by the following vote: Yeas 26, Nays
103	103	5.
104	104	______________________________
105	105	Secretary of the Senate
106	106	APPROVED: __________________
107	107	Date
108	108	__________________
109	109	Governor