Texas Senate Bill SB39

Texas 2023 - 88th 3rd C.S.

• Filed: 10/9/23

Caption

Relating to an attack by a dangerous dog; increasing a criminal penalty.

Impact

If enacted, SB39 would significantly alter existing laws regarding dangerous dogs and their owners by imposing stricter penalties for negligence and ensuring that owners are held accountable for their pets' actions. The law would apply to locations outside the owner’s property, emphasizing the need for secure enclosures for known dangerous dogs. This change aims to enhance public safety and reduce occurrences of dog attacks, thereby impacting state regulations concerning animal control and public safety. The law addresses a growing concern related to dangerous dogs and aims to prevent further incidents that could lead to severe injuries or fatalities.

Summary

SB39, an act relating to attacks by dangerous dogs, seeks to enhance accountability for dog owners by increasing the criminal penalties associated with such attacks. The bill amends sections of the Health and Safety Code to define 'bodily injury' as per the Penal Code and outlines the responsibilities of dog owners, particularly when an unprovoked attack occurs. The proposed legislation classifies offenses based on the severity of injuries inflicted, with specific classifications leading to misdemeanors or felonies depending on the nature of the attack, thereby aiming to deter negligence among pet owners.

Sentiment

The sentiment around SB39 appears to be largely supportive among animal control advocates and public safety proponents, who believe that increased penalties will encourage responsible pet ownership and promote safer communities. However, there may be opposition from dog owners and civil rights advocates who argue that such stringent penalties could disproportionately affect responsible pet owners and lead to unnecessary criminal charges in cases of accidents. This tension illustrates the balance lawmakers seek between ensuring public safety and protecting the rights of pet owners.

Contention

Notable points of contention surrounding SB39 include concern about the broad application of 'dangerous dog' designations, which could lead to overreach in identifying dogs that may not actually pose a threat. Additionally, there are apprehensions regarding the bill's enforcement, particularly in urban areas with high dog populations, as the language in the bill specifies procedures primarily for municipalities with large populations. This highlights a potential disparity in how laws might be enforced across different regions, raising questions about equity and consistency in the application of the law.

Texas Constitutional Statutes Affected

Health And Safety Code

• Chapter 822. Regulation Of Animals
  • Section: New Section
  • Section: 005
  • Section: 0421
  • Section: 044