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A BILL TO BE ENTITLED
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AN ACT
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relating to an attack by a dangerous dog; increasing a criminal |
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penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 822.001, Health and Safety Code, is |
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amended by adding Subdivision (1-a) to read as follows: |
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(1-a) "Bodily injury" has the meaning assigned by |
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Section 1.07, Penal Code. |
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SECTION 2. Sections 822.005(a) and (b), Health and Safety |
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Code, are amended to read as follows: |
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(a) A person commits an offense if the person is the owner of |
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a dog and the person: |
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(1) with criminal negligence, as defined by Section |
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6.03, Penal Code, fails to secure the dog and the dog makes an |
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unprovoked attack on another person that occurs at a location other |
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than the owner's real property or in or on the owner's motor vehicle |
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or boat and that causes bodily injury, serious bodily injury[,] as |
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defined by Section 1.07, Penal Code, or death to the other person; |
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or |
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(2) knows the dog is a dangerous dog by learning in a |
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manner described by Section 822.042(g) that the person is the owner |
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of a dangerous dog, and the dangerous dog makes an unprovoked attack |
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on another person that occurs at a location other than a secure |
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enclosure in which the dog is restrained in accordance with |
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Subchapter D and that causes bodily injury or serious bodily |
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injury, as defined by Section 822.001, or death to the other person. |
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(b) An offense under this section is: |
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(1) a Class B misdemeanor if the attack causes bodily |
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injury; |
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(2) a felony of the third degree if the attack causes |
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serious bodily injury; or |
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(3) a felony of the second degree if [unless] the |
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attack causes death[, in which event the offense is a felony of the |
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second degree]. |
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SECTION 3. Section 822.0421, Health and Safety Code, is |
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amended by adding Subsection (e) to read as follows: |
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(e) In this subsection, "identifying information" has the |
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meaning assigned by Section 32.51, Penal Code. The identifying |
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information of a witness who gives a sworn statement under |
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Subsection (a): |
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(1) is confidential and not subject to disclosure |
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under Chapter 552, Government Code; and |
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(2) may be disclosed only for purposes of enforcing |
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this chapter to the governing body of the municipality or county in |
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which the incident occurred, as applicable, and any other |
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governmental or law enforcement agency. |
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SECTION 4. Subchapter D, Chapter 822, Health and Safety |
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Code, is amended by adding Section 822.04215 to read as follows: |
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Sec. 822.04215. DETERMINATION THAT DOG IS DANGEROUS IN |
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CERTAIN MUNICIPALITIES. (a) This section applies only to a |
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municipality that contains more than 70 percent of the population |
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of a county with a population of 1.5 million or more. |
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(b) Notwithstanding Section 822.0421(a), if a person |
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reports an incident described by Section 822.041(2), the animal |
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control authority shall investigate the incident. If after |
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reviewing the sworn statements of any witness or reviewing any |
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other applicable reports or information, the animal control |
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authority determines the dog is a dangerous dog, the animal control |
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authority shall notify the owner in writing of the determination. |
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SECTION 5. Section 822.044, Health and Safety Code, is |
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amended by amending Subsection (b) and adding Subsection (b-1) to |
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read as follows: |
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(b) Except as provided by Subsection (b-1), an [An] offense |
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under this section is a Class C misdemeanor. |
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(b-1) An offense under this section is a Class A misdemeanor |
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if it is shown on trial of the offense that the defendant has been |
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previously convicted of an offense under this section. |
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SECTION 6. The changes in law made by this Act to Sections |
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822.005 and 822.044, Health and Safety Code, as amended by this Act, |
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apply only to an offense committed on or after the effective date of |
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this Act. An offense committed before the effective date of this |
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Act is governed by the law in effect on the date the offense was |
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committed, and the former law is continued in effect for that |
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purpose. For purposes of this section, an offense was committed |
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before the effective date of this Act if any element of the offense |
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occurred before that date. |
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SECTION 7. Section 822.0421(e), Health and Safety Code, as |
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added by this Act, applies to information contained in a sworn |
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statement released on or after the effective date of this Act, |
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regardless of whether the sworn statement was made before, on, or |
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after that date. |
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SECTION 8. Section 822.04215, Health and Safety Code, as |
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added by this Act, applies only to a determination based on an |
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incident that occurred on or after the effective date of this Act. |
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An incident that occurred before the effective date of this Act is |
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governed by the law in effect on the date the incident occurred, and |
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the former law is continued in effect for that purpose. |
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SECTION 9. This Act takes effect on the 91st day after the |
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last day of the legislative session. |