89R9758 MPF-D
By: Lujan H.B. No. 2806
A BILL TO BE ENTITLED
AN ACT
relating to an attack by a dangerous dog; increasing criminal
penalties; creating a criminal offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 822.001, Health and Safety Code, is
amended by adding Subdivision (1-a) to read as follows:
(1-a) "Bodily injury" has the meaning assigned by
Section 1.07, Penal Code.
SECTION 2. Sections 822.005(a) and (b), Health and Safety
Code, are amended to read as follows:
(a) A person commits an offense if the person is the owner of
a dog and the person:
(1) with criminal negligence, as defined by Section
6.03, Penal Code, fails to secure the dog and the dog makes an
unprovoked attack on another person that occurs at a location other
than the owner's real property or in or on the owner's motor vehicle
or boat and that causes bodily injury, serious bodily injury[,] as
defined by Section 1.07, Penal Code, or death to the other person;
or
(2) knows the dog is a dangerous dog by learning in a
manner described by Section 822.042(g) that the person is the owner
of a dangerous dog, and the dangerous dog makes an unprovoked attack
on another person that occurs at a location other than a secure
enclosure in which the dog is restrained in accordance with
Subchapter D and that causes bodily injury or serious bodily
injury, as defined by Section 822.001, or death to the other person.
(b) An offense under this section is:
(1) a Class B misdemeanor if the attack causes bodily
injury;
(2) a felony of the third degree if the attack causes
serious bodily injury; or
(3) a felony of the second degree if [unless] the
attack causes death[, in which event the offense is a felony of the
second degree].
SECTION 3. Section 822.0421, Health and Safety Code, is
amended by amending Subsection (a) and adding Subsection (e) to
read as follows:
(a) If a person reports an incident described by Section
822.041(2), the animal control authority may investigate the
incident. The animal control authority on investigation of the
incident shall determine whether the dog is a dangerous dog by
observing and documenting the behavior of the dog or by examining
[If , after receiving] the sworn statements of any witnesses. If[,]
the animal control authority determines the dog is a dangerous dog,
the animal control authority shall notify the owner in writing of
the determination.
(e) In this subsection, "identifying information" has the
meaning assigned by Section 32.51, Penal Code. The identifying
information of a witness who gives a sworn statement under
Subsection (a):
(1) is confidential and not subject to disclosure
under Chapter 552, Government Code; and
(2) may be disclosed only for purposes of enforcing
this chapter to the governing body of the municipality or county in
which the incident occurred, as applicable, and any other
governmental or law enforcement agency.
SECTION 4. Subchapter D, Chapter 822, Health and Safety
Code, is amended by adding Section 822.04215 to read as follows:
Sec. 822.04215. DETERMINATION THAT DOG IS DANGEROUS IN
CERTAIN MUNICIPALITIES. (a) This section applies only to a
municipality that contains more than 70 percent of the population
of a county with a population of 1.5 million or more.
(b) Notwithstanding Section 822.0421(a), if a person
reports an incident described by Section 822.041(2)(A) or (B), the
animal control authority shall investigate the incident. If after
reviewing the sworn statements of any witness or reviewing any
other applicable reports or information, the animal control
authority determines the dog is a dangerous dog, the animal control
authority shall notify the owner in writing of the determination.
SECTION 5. Section 822.044, Health and Safety Code, is
amended by amending Subsection (b) and adding Subsection (b-1) to
read as follows:
(b) Except as provided by Subsection (b-1), an [An] offense
under this section is a Class C misdemeanor.
(b-1) An offense under this section is a Class B misdemeanor
if it is shown on trial of the offense that the defendant has been
previously convicted of an offense under this section.
SECTION 6. Chapter 822, Health and Safety Code, is amended
by adding Section 822.0445 to read as follows:
Sec. 822.0445. POSSESSION OF ANIMAL BY PERSON CONVICTED OF
DANGEROUS DOG ATTACK. (a) A person commits an offense if the
person:
(1) possesses or exercises control over a dog; and
(2) within the five-year period preceding the date of
the instant offense, has been previously convicted of an offense
under:
(A) Section 822.044; or
(B) federal law or a penal law of another state
containing elements that are substantially similar to the elements
of an offense described by Paragraph (A).
(b) An offense under this section is a Class C misdemeanor,
except that the offense is a Class B misdemeanor if the defendant
has been previously convicted of an offense under this section.
SECTION 7. The changes in law made by this Act to Sections
822.005 and 822.044, Health and Safety Code, as amended by this Act,
apply only to an offense committed on or after the effective date of
this Act. An offense committed before the effective date of this
Act is governed by the law in effect on the date the offense was
committed, and the former law is continued in effect for that
purpose. For purposes of this section, an offense was committed
before the effective date of this Act if any element of the offense
occurred before that date.
SECTION 8. (a) Section 822.0421(a), Health and Safety
Code, as amended by this Act, applies only to a determination based
on an incident that occurred on or after the effective date of this
Act. An incident that occurred before the effective date of this
Act is governed by the law in effect on the date the incident
occurred, and the former law is continued in effect for that
purpose.
(b) Section 822.0421(e), Health and Safety Code, as added by
this Act, applies to information contained in a sworn statement
released on or after the effective date of this Act, regardless of
whether the sworn statement was made before, on, or after that date.
SECTION 9. Section 822.04215, Health and Safety Code, as
added by this Act, applies only to a determination based on an
incident that occurred on or after the effective date of this Act.
An incident that occurred before the effective date of this Act is
governed by the law in effect on the date the incident occurred, and
the former law is continued in effect for that purpose.
SECTION 10. This Act takes effect September 1, 2025.