H.B. No. 151




AN ACT

relating to offenses involving dogs or coyotes that are a danger to 
livestock and other animals.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter B, Chapter 822, Health and Safety 
Code, is amended by amending the subchapter and by transferring 
Section 822.033 to the subchapter, renumbering that section as 
Section 822.013, and amending that section to read as follows:

SUBCHAPTER B.  DOGS AND COYOTES THAT ARE A DANGER TO ANIMALS
	Sec. 822.011.  DEFINITIONS.  In this subchapter:                        
		(1)  "Dog or coyote" includes a crossbreed between a 
dog and a coyote.
		(2)  "Livestock" includes exotic livestock as defined 
by Section 161.001, Agriculture Code.
	Sec. 822.012.  CERTAIN DOGS AND COYOTES PROHIBITED FROM 
RUNNING AT LARGE; CRIMINAL PENALTY.  (a)  The owner, keeper, or 
person in control of a dog or coyote that the owner, keeper, or 
person knows is accustomed to run, worry, or kill livestock, 
domestic animals, or fowls [goats, sheep, or poultry] may not 
permit the dog or coyote to run at large.
	(b)  A person who violates this section commits an offense.  
An offense under this subsection is punishable by a fine of not more 
than $100.
	(c)  Each time a dog or coyote runs at large in violation of 
this section constitutes a separate offense.
	Sec. 822.013 [822.033].  DOGS OR COYOTES THAT ATTACK 
[DOMESTIC] ANIMALS.  (a)  A dog or coyote that is attacking, is 
about to attack, or has recently attacked livestock, [sheep, goats, 
calves, or other] domestic animals, or fowls may be killed by:
		(1)  any person witnessing the attack; or                       
		(2)  the attacked animal's owner or a person acting on 
behalf of the owner if the owner or person has [having] knowledge of 
the attack.
	(b)  A person who kills a dog or coyote as provided by this 
section is not liable for damages to the owner, keeper, or person in 
control of the dog or coyote.
	(c)  A person who discovers on the person's property a dog or 
coyote known or suspected of having killed livestock, [sheep, 
goats, calves, or other] domestic animals, or fowls [is a public 
nuisance.  Any person] may detain or impound the dog or coyote and 
return it to its [until the dog's] owner or deliver the dog or 
coyote to the local animal control authority.  The owner of the dog 
or coyote is liable for all costs incurred in the capture and care 
of the dog or coyote [is notified] and all damage done by the dog or 
coyote [has been determined and paid to the proper persons].
	(d)  The owner, keeper, or person in control of a dog or 
coyote that is known to have attacked livestock, [sheep, goats, 
calves, or other] domestic animals, or fowls shall control the dog 
or coyote in a manner approved by the local animal control authority
[kill the dog.  A sheriff, deputy sheriff, constable, police 
officer, magistrate, or county commissioner may enter the premises 
of the owner of the dog and kill the dog if the owner fails to do 
so].
	(e)  A person is not required to acquire a hunting license 
under Section 42.002, Parks and Wildlife Code, to kill a dog or 
coyote under this section.
	SECTION 2.  Sections 822.032 and 822.034, Health and Safety 
Code, are repealed.
	SECTION 3.  The change in law made by this Act to Section 
822.011, Health and Safety Code, applies 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 covered by the 
law in effect when 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 4.  This Act takes effect September 1, 2003.                           




______________________________              ______________________________
 
   President of the Senate                               Speaker of the House      

	I certify that H.B. No. 151 was passed by the House on March 
17, 2003, by a non-record vote; and that the House concurred in 
Senate amendments to H.B. No. 151 on May 30, 2003, by a non-record 
vote.

                                                  ______________________________
                                                     Chief Clerk of the House   

	
I certify that H.B. No. 151 was passed by the Senate, with 
amendments, on May 28, 2003, by the following vote:  Yeas 31, Nays 
0.

                                                  ______________________________
                                                      Secretary of the Senate   



APPROVED: __________________                                                
 
                Date                                                         




 
         __________________                                              
 
              Governor