Texas 2025 - 89th Regular

Texas Senate Bill SB155 Compare Versions

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

Old	New	Differences
1	1	89R3050 MPF-F
2	2	By: Menéndez S.B. No. 155
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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 a criminal
10	10	penalty.
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 adding Subsection (e) to read as follows:
44	44	(e) In this subsection, "identifying information" has the
45	45	meaning assigned by Section 32.51, Penal Code. The identifying
46	46	information of a witness who gives a sworn statement under
47	47	Subsection (a):
48	48	(1) is confidential and not subject to disclosure
49	49	under Chapter 552, Government Code; and
50	50	(2) may be disclosed only for purposes of enforcing
51	51	this chapter to the governing body of the municipality or county in
52	52	which the incident occurred, as applicable, and any other
53	53	governmental or law enforcement agency.
54	54	SECTION 4. Subchapter D, Chapter 822, Health and Safety
55	55	Code, is amended by adding Section 822.04215 to read as follows:
56	56	Sec. 822.04215. DETERMINATION THAT DOG IS DANGEROUS IN
57	57	CERTAIN MUNICIPALITIES. (a) This section applies only to a
58	58	municipality that contains more than 70 percent of the population
59	59	of a county with a population of 1.5 million or more.
60	60	(b) Notwithstanding Section 822.0421(a), if a person
61	61	reports an incident described by Section 822.041(2)(A) or (B), the
62	62	animal control authority shall investigate the incident. If after
63	63	reviewing the sworn statements of any witness or reviewing any
64	64	other applicable reports or information, the animal control
65	65	authority determines the dog is a dangerous dog, the animal control
66	66	authority shall notify the owner in writing of the determination.
67	67	SECTION 5. Section 822.044, Health and Safety Code, is
68	68	amended by amending Subsection (b) and adding Subsection (b-1) to
69	69	read as follows:
70	70	(b) Except as provided by Subsection (b-1), an [An] offense
71	71	under this section is a Class C misdemeanor.
72	72	(b-1) An offense under this section is a Class A misdemeanor
73	73	if it is shown on trial of the offense that the defendant has been
74	74	previously convicted of an offense under this section.
75	75	SECTION 6. The changes in law made by this Act to Sections
76	76	822.005 and 822.044, Health and Safety Code, as amended by this Act,
77	77	apply only to an offense committed on or after the effective date of
78	78	this Act. An offense committed before the effective date of this
79	79	Act is governed by the law in effect on the date the offense was
80	80	committed, and the former law is continued in effect for that
81	81	purpose. For purposes of this section, an offense was committed
82	82	before the effective date of this Act if any element of the offense
83	83	occurred before that date.
84	84	SECTION 7. Section 822.0421(e), Health and Safety Code, as
85	85	added by this Act, applies to information contained in a sworn
86	86	statement released on or after the effective date of this Act,
87	87	regardless of whether the sworn statement was made before, on, or
88	88	after that date.
89	89	SECTION 8. Section 822.04215, Health and Safety Code, as
90	90	added by this Act, applies only to a determination based on an
91	91	incident that occurred on or after the effective date of this Act.
92	92	An incident that occurred before the effective date of this Act is
93	93	governed by the law in effect on the date the incident occurred, and
94	94	the former law is continued in effect for that purpose.
95	95	SECTION 9. This Act takes effect September 1, 2025.