Texas 2023 - 88th 3rd C.S.

Texas House Bill HB98 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88S30432 MPF-F
2	2	By: Campos H.B. No. 98
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to an attack by a dangerous dog; increasing a criminal
8	8	penalty.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 822.001, Health and Safety Code, is
11	11	amended by adding Subdivision (1-a) to read as follows:
12	12	(1-a) "Bodily injury" has the meaning assigned by
13	13	Section 1.07, Penal Code.
14	14	SECTION 2. Sections 822.005(a) and (b), Health and Safety
15	15	Code, are amended to read as follows:
16	16	(a) A person commits an offense if the person is the owner of
17	17	a dog and the person:
18	18	(1) with criminal negligence, as defined by Section
19	19	6.03, Penal Code, fails to secure the dog and the dog makes an
20	20	unprovoked attack on another person that occurs at a location other
21	21	than the owner's real property or in or on the owner's motor vehicle
22	22	or boat and that causes bodily injury, serious bodily injury[,] as
23	23	defined by Section 1.07, Penal Code, or death to the other person;
24	24	or
25	25	(2) knows the dog is a dangerous dog by learning in a
26	26	manner described by Section 822.042(g) that the person is the owner
27	27	of a dangerous dog, and the dangerous dog makes an unprovoked attack
28	28	on another person that occurs at a location other than a secure
29	29	enclosure in which the dog is restrained in accordance with
30	30	Subchapter D and that causes bodily injury or serious bodily
31	31	injury, as defined by Section 822.001, or death to the other person.
32	32	(b) An offense under this section is:
33	33	(1) a Class B misdemeanor if the attack causes bodily
34	34	injury;
35	35	(2) a felony of the third degree if the attack causes
36	36	serious bodily injury; or
37	37	(3) a felony of the second degree if [unless] the
38	38	attack causes death[, in which event the offense is a felony of the
39	39	second degree].
40	40	SECTION 3. Section 822.0421, Health and Safety Code, is
41	41	amended by adding Subsection (e) to read as follows:
42	42	(e) In this subsection, "identifying information" has the
43	43	meaning assigned by Section 32.51, Penal Code. The identifying
44	44	information of a witness who gives a sworn statement under
45	45	Subsection (a):
46	46	(1) is confidential and not subject to disclosure
47	47	under Chapter 552, Government Code; and
48	48	(2) may be disclosed only for purposes of enforcing
49	49	this chapter to the governing body of the municipality or county in
50	50	which the incident occurred, as applicable, and any other
51	51	governmental or law enforcement agency.
52	52	SECTION 4. Subchapter D, Chapter 822, Health and Safety
53	53	Code, is amended by adding Section 822.04215 to read as follows:
54	54	Sec. 822.04215. DETERMINATION THAT DOG IS DANGEROUS IN
55	55	CERTAIN MUNICIPALITIES. (a) This section applies only to a
56	56	municipality that contains more than 70 percent of the population
57	57	of a county with a population of 1.5 million or more.
58	58	(b) Notwithstanding Section 822.0421(a), if a person
59	59	reports an incident described by Section 822.041(2), the animal
60	60	control authority shall investigate the incident. If after
61	61	reviewing the sworn statements of any witness or reviewing any
62	62	other applicable reports or information, the animal control
63	63	authority determines the dog is a dangerous dog, the animal control
64	64	authority shall notify the owner in writing of the determination.
65	65	SECTION 5. Section 822.044, Health and Safety Code, is
66	66	amended by amending Subsection (b) and adding Subsection (b-1) to
67	67	read as follows:
68	68	(b) Except as provided by Subsection (b-1), an [An] offense
69	69	under this section is a Class C misdemeanor.
70	70	(b-1) An offense under this section is a Class A misdemeanor
71	71	if it is shown on trial of the offense that the defendant has been
72	72	previously convicted of an offense under this section.
73	73	SECTION 6. The changes in law made by this Act to Sections
74	74	822.005 and 822.044, Health and Safety Code, as amended by this Act,
75	75	apply only to an offense committed on or after the effective date of
76	76	this Act. An offense committed before the effective date of this
77	77	Act is governed by the law in effect on the date the offense was
78	78	committed, and the former law is continued in effect for that
79	79	purpose. For purposes of this section, an offense was committed
80	80	before the effective date of this Act if any element of the offense
81	81	occurred before that date.
82	82	SECTION 7. Section 822.0421(e), Health and Safety Code, as
83	83	added by this Act, applies to information contained in a sworn
84	84	statement released on or after the effective date of this Act,
85	85	regardless of whether the sworn statement was made before, on, or
86	86	after that date.
87	87	SECTION 8. Section 822.04215, Health and Safety Code, as
88	88	added by this Act, applies only to a determination based on an
89	89	incident that occurred on or after the effective date of this Act.
90	90	An incident that occurred before the effective date of this Act is
91	91	governed by the law in effect on the date the incident occurred, and
92	92	the former law is continued in effect for that purpose.
93	93	SECTION 9. This Act takes effect on the 91st day after the
94	94	last day of the legislative session.