Texas 2025 - 89th Regular

Texas House Bill HB2806 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R9758 MPF-D
2	2	By: Lujan H.B. No. 2806
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to an attack by a dangerous dog; increasing criminal
10	10	penalties; creating a criminal offense.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 822.001, Health and Safety Code, is
13	13	amended by adding Subdivision (1-a) to read as follows:
14	14	(1-a) "Bodily injury" has the meaning assigned by
15	15	Section 1.07, Penal Code.
16	16	SECTION 2. Sections 822.005(a) and (b), Health and Safety
17	17	Code, are amended to read as follows:
18	18	(a) A person commits an offense if the person is the owner of
19	19	a dog and the person:
20	20	(1) with criminal negligence, as defined by Section
21	21	6.03, Penal Code, fails to secure the dog and the dog makes an
22	22	unprovoked attack on another person that occurs at a location other
23	23	than the owner's real property or in or on the owner's motor vehicle
24	24	or boat and that causes bodily injury, serious bodily injury[,] as
25	25	defined by Section 1.07, Penal Code, or death to the other person;
26	26	or
27	27	(2) knows the dog is a dangerous dog by learning in a
28	28	manner described by Section 822.042(g) that the person is the owner
29	29	of a dangerous dog, and the dangerous dog makes an unprovoked attack
30	30	on another person that occurs at a location other than a secure
31	31	enclosure in which the dog is restrained in accordance with
32	32	Subchapter D and that causes bodily injury or serious bodily
33	33	injury, as defined by Section 822.001, or death to the other person.
34	34	(b) An offense under this section is:
35	35	(1) a Class B misdemeanor if the attack causes bodily
36	36	injury;
37	37	(2) a felony of the third degree if the attack causes
38	38	serious bodily injury; or
39	39	(3) a felony of the second degree if [unless] the
40	40	attack causes death[, in which event the offense is a felony of the
41	41	second degree].
42	42	SECTION 3. Section 822.0421, Health and Safety Code, is
43	43	amended by amending Subsection (a) and adding Subsection (e) to
44	44	read as follows:
45	45	(a) If a person reports an incident described by Section
46	46	822.041(2), the animal control authority may investigate the
47	47	incident. The animal control authority on investigation of the
48	48	incident shall determine whether the dog is a dangerous dog by
49	49	observing and documenting the behavior of the dog or by examining
50	50	[If , after receiving] the sworn statements of any witnesses. If[,]
51	51	the animal control authority determines the dog is a dangerous dog,
52	52	the animal control authority shall notify the owner in writing of
53	53	the determination.
54	54	(e) In this subsection, "identifying information" has the
55	55	meaning assigned by Section 32.51, Penal Code. The identifying
56	56	information of a witness who gives a sworn statement under
57	57	Subsection (a):
58	58	(1) is confidential and not subject to disclosure
59	59	under Chapter 552, Government Code; and
60	60	(2) may be disclosed only for purposes of enforcing
61	61	this chapter to the governing body of the municipality or county in
62	62	which the incident occurred, as applicable, and any other
63	63	governmental or law enforcement agency.
64	64	SECTION 4. Subchapter D, Chapter 822, Health and Safety
65	65	Code, is amended by adding Section 822.04215 to read as follows:
66	66	Sec. 822.04215. DETERMINATION THAT DOG IS DANGEROUS IN
67	67	CERTAIN MUNICIPALITIES. (a) This section applies only to a
68	68	municipality that contains more than 70 percent of the population
69	69	of a county with a population of 1.5 million or more.
70	70	(b) Notwithstanding Section 822.0421(a), if a person
71	71	reports an incident described by Section 822.041(2)(A) or (B), the
72	72	animal control authority shall investigate the incident. If after
73	73	reviewing the sworn statements of any witness or reviewing any
74	74	other applicable reports or information, the animal control
75	75	authority determines the dog is a dangerous dog, the animal control
76	76	authority shall notify the owner in writing of the determination.
77	77	SECTION 5. Section 822.044, Health and Safety Code, is
78	78	amended by amending Subsection (b) and adding Subsection (b-1) to
79	79	read as follows:
80	80	(b) Except as provided by Subsection (b-1), an [An] offense
81	81	under this section is a Class C misdemeanor.
82	82	(b-1) An offense under this section is a Class B misdemeanor
83	83	if it is shown on trial of the offense that the defendant has been
84	84	previously convicted of an offense under this section.
85	85	SECTION 6. Chapter 822, Health and Safety Code, is amended
86	86	by adding Section 822.0445 to read as follows:
87	87	Sec. 822.0445. POSSESSION OF ANIMAL BY PERSON CONVICTED OF
88	88	DANGEROUS DOG ATTACK. (a) A person commits an offense if the
89	89	person:
90	90	(1) possesses or exercises control over a dog; and
91	91	(2) within the five-year period preceding the date of
92	92	the instant offense, has been previously convicted of an offense
93	93	under:
94	94	(A) Section 822.044; or
95	95	(B) federal law or a penal law of another state
96	96	containing elements that are substantially similar to the elements
97	97	of an offense described by Paragraph (A).
98	98	(b) An offense under this section is a Class C misdemeanor,
99	99	except that the offense is a Class B misdemeanor if the defendant
100	100	has been previously convicted of an offense under this section.
101	101	SECTION 7. The changes in law made by this Act to Sections
102	102	822.005 and 822.044, Health and Safety Code, as amended by this Act,
103	103	apply only to an offense committed on or after the effective date of
104	104	this Act. An offense committed before the effective date of this
105	105	Act is governed by the law in effect on the date the offense was
106	106	committed, and the former law is continued in effect for that
107	107	purpose. For purposes of this section, an offense was committed
108	108	before the effective date of this Act if any element of the offense
109	109	occurred before that date.
110	110	SECTION 8. (a) Section 822.0421(a), Health and Safety
111	111	Code, as amended by this Act, applies only to a determination based
112	112	on an incident that occurred on or after the effective date of this
113	113	Act. An incident that occurred before the effective date of this
114	114	Act is governed by the law in effect on the date the incident
115	115	occurred, and the former law is continued in effect for that
116	116	purpose.
117	117	(b) Section 822.0421(e), Health and Safety Code, as added by
118	118	this Act, applies to information contained in a sworn statement
119	119	released on or after the effective date of this Act, regardless of
120	120	whether the sworn statement was made before, on, or after that date.
121	121	SECTION 9. Section 822.04215, Health and Safety Code, as
122	122	added by this Act, applies only to a determination based on an
123	123	incident that occurred on or after the effective date of this Act.
124	124	An incident that occurred before the effective date of this Act is
125	125	governed by the law in effect on the date the incident occurred, and
126	126	the former law is continued in effect for that purpose.
127	127	SECTION 10. This Act takes effect September 1, 2025.