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  81R9404 JSC-D
 
  By: Martinez Fischer H.B. No. 1982
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the regulation of dangerous and vicious dogs; providing
  penalties.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 822.001(3), Health and Safety Code, is
  amended to read as follows:
               (3)  "Dangerous dog," "dog," "owner," [and] "secure
  enclosure," and "vicious dog" have the meanings assigned by Section
  822.041.
         SECTION 2.  Section 822.003(f), Health and Safety Code, is
  amended to read as follows:
         (f)  The court may not order the dog destroyed if the court
  finds that the dog caused the serious bodily injury to a person by
  attacking, biting, or mauling the person and:
               (1)  the dog was being used for the protection of a
  person or person's property, the attack, bite, or mauling occurred
  in an enclosure in which the dog was being kept, and:
                     (A)  the enclosure was reasonably certain to
  prevent the dog from leaving the enclosure on its own and provided
  notice of the presence of a dog; and
                     (B)  the injured person was at least 15 [eight]
  years of age, and was trespassing in the enclosure when the attack,
  bite, or mauling occurred;
               (2)  the dog was not being used for the protection of a
  person or person's property, the attack, bite, or mauling occurred
  in an enclosure in which the dog was being kept, and the injured
  person was at least 15 [eight] years of age and was trespassing in
  the enclosure when the attack, bite, or mauling occurred;
               (3)  the attack, bite, or mauling occurred during an
  arrest or other action of a peace officer while the peace officer
  was using the dog for law enforcement purposes;
               (4)  the dog was defending a person from an assault or
  person's property from damage or theft by the injured person; or
               (5)  the injured person was younger than 15 [eight]
  years of age, the attack, bite, or mauling occurred in an enclosure
  in which the dog was being kept, and the enclosure was reasonably
  certain to keep a person younger than 15 [eight] years of age from
  entering.
         SECTION 3.  Sections 822.005, Health and Safety Code, is
  amended by amending Subsections (a) and (b) and adding Subsection
  (b-1) 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 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, or knows the dog is a vicious dog, and the
  dangerous or vicious 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 serious bodily injury, as defined by Section 822.001, or
  death to the other person.
         (b)  An offense under this section is a felony of the third
  degree [unless the attack causes death, in which event the offense
  is a felony of the second degree].
         (b-1)  Notwithstanding Subsection (b), an offense under this
  section is a felony of the second degree if:
               (1)  the attack causes death;
               (2)  the victim of the attack is a person younger than
  15 years of age; or
               (3)  the victim of the attack is a person 65 years of
  age or older.
         SECTION 4.  The heading to Subchapter D, Chapter 822, Health
  and Safety Code, is amended to read as follows:
  SUBCHAPTER D. DANGEROUS AND VICIOUS DOGS
         SECTION 5.  Section 822.041, Health and Safety Code, is
  amended by adding Subdivision (6) to read as follows:
               (6)  "Vicious dog" means a dog that:
                     (A)  because of the dog's physical nature and
  vicious propensity is capable of inflicting serious bodily injury,
  as that term is defined by Section 822.001, or death to human beings
  and constitutes a danger to human life or property;
                     (B)  without reasonable provocation has
  habitually behaved within the enclosure in which the dog is kept in
  such a manner that the owner knows or should know that the animal is
  likely to attack or bite;
                     (C)  commits unprovoked acts while in the
  enclosure in which the dog is kept, and those acts cause a person to
  reasonably believe that the dog will attack and cause bodily injury
  to that person; or
                     (D)  acts in a highly aggressive manner while in
  the enclosure in which the dog is kept and appears to a reasonable
  person to be able to escape from the enclosure.
         SECTION 6.  The heading to Section 822.042, Health and
  Safety Code, is amended to read as follows:
         Sec. 822.042.  REQUIREMENTS FOR OWNER OF DANGEROUS OR
  VICIOUS DOG.
         SECTION 7.  Section 822.042, Health and Safety Code, is
  amended by amending Subsections (a), (b), (c), and (g) and adding
  Subsections (h) and (i) to read as follows:
         (a)  Not later than the 30th day after a person learns that
  the person is the owner of a dangerous or vicious dog, the person
  shall:
               (1)  register the dangerous or vicious dog with the
  animal control authority for the area in which the dog is kept;
               (2)  restrain the dangerous or vicious dog at all times
  on a leash in the immediate control of a person or in a secure
  enclosure;
               (3)  obtain liability insurance coverage or show
  financial responsibility in an amount of at least $100,000 to cover
  damages resulting from an attack by the dangerous or vicious dog
  causing bodily injury to a person and provide proof of the required
  liability insurance coverage or financial responsibility to the
  animal control authority for the area in which the dog is kept; and
               (4)  comply with an applicable municipal or county
  regulation, requirement, or restriction on dangerous or vicious
  dogs.
         (b)  The owner of a dangerous or vicious dog who does not
  comply with Subsection (a) shall deliver the dog to the animal
  control authority not later than the 30th day after the owner learns
  that the dog is a dangerous or vicious dog.
         (c)  If, on application of any person, a justice court,
  county court, or municipal court finds, after notice and hearing as
  provided by Section 822.0423, that the owner of a dangerous or
  vicious dog has failed to comply with Subsection (a) or (b), the
  court shall order the animal control authority to seize the dog and
  shall issue a warrant authorizing the seizure. The authority shall
  seize the dog or order its seizure and shall provide for the
  impoundment of the dog in secure and humane conditions.
         (g)  For purposes of this section, a person learns that the
  person is the owner of a dangerous or vicious dog when:
               (1)  the owner knows of an attack described in Section
  822.041(2)(A) or (B);
               (2)  the owner receives notice that a justice court,
  county court, or municipal court has found that the dog is a
  dangerous or vicious dog under Section 822.0423; [or]
               (3)  the owner is informed by the animal control
  authority that the dog is a dangerous or vicious dog under Section
  822.0421; or
               (4)  the owner knows of or observes facts or actions
  described by Section 822.041(6).
         (h)  A person who is younger than 21 years of age may not be
  the owner of a dangerous or vicious dog.
         (i)  An owner of a dangerous or vicious dog may not allow the
  dog to enter a public park or the grounds of a primary or secondary
  school, regardless of whether the dog is on a leash.
         SECTION 8.  Section 822.0421, Health and Safety Code, is
  amended to read as follows:
         Sec. 822.0421.  DETERMINATION THAT DOG IS DANGEROUS OR
  VICIOUS.  (a)  If a person reports an incident described by Section
  822.041(2) or a fact or action described by Section 822.041(6), the
  animal control authority may investigate the fact, action, or 
  incident. If, after receiving the sworn statements of any
  witnesses, the animal control authority determines the dog is a
  dangerous or vicious dog, it shall notify the owner of that fact.
         (b)  An owner, not later than the 15th day after the date the
  owner is notified that a dog owned by the owner is a dangerous or
  vicious dog, may appeal the determination of the animal control
  authority to a justice, county, or municipal court of competent
  jurisdiction. An owner may appeal the decision of the justice,
  county, or municipal court in the same manner as appeal for other
  cases from the justice, county, or municipal court.
         SECTION 9.  Sections 822.0422(b), (d), and (e), Health and
  Safety Code, are amended to read as follows:
         (b)  A person may report an incident described by Section
  822.041(2) or a fact or action described by Section 822.041(6) to a
  municipal court, a justice court, or a county court. The owner of
  the dog shall deliver the dog to the animal control authority not
  later than the fifth day after the date on which the owner receives
  notice that the report has been filed. The authority may provide
  for the impoundment of the dog in secure and humane conditions until
  the court orders the disposition of the dog.
         (d)  The court shall determine, after notice and hearing as
  provided in Section 822.0423, whether the dog is a dangerous or
  vicious dog.
         (e)  The court, after determining that the dog is a dangerous
  or vicious dog, may order the animal control authority to continue
  to impound the dangerous or vicious dog in secure and humane
  conditions until the court orders disposition of the dog under
  Section 822.042 and the dog is returned to the owner or destroyed.
         SECTION 10.  Section 822.0423(a), Health and Safety Code, is
  amended to read as follows:
         (a)  The court, on receiving a report of an incident, fact,
  or action under Section 822.0422 or on application under Section
  822.042(c), shall set a time for a hearing to determine whether the
  dog is a dangerous or vicious dog or whether the owner of the dog has
  complied with Section 822.042. The hearing must be held not later
  than the 10th day after the date on which the dog is seized or
  delivered.
         SECTION 11.  Subchapter D, Chapter 822, Health and Safety
  Code, is amended by adding Section 822.0424 to read as follows:
         Sec. 822.0424.  RESPONSIBILITY OF DOG OWNER IN CERTAIN
  MUNICIPALITIES. (a)  This section applies only to a city with a
  population of more than one million.
         (b)  A person who owns or keeps custody or control of a dog
  weighing 40 pounds or more shall ensure that the dog, at any time
  the dog is not on a leash in the immediate control of a person, is
  kept inside a residence or in a secure enclosure on the premises
  where the dog is kept.
         SECTION 12.  Section 822.043, Health and Safety Code, is
  amended to read as follows:
         Sec. 822.043.  REGISTRATION.  (a)  An animal control
  authority for the area in which the dog is kept shall annually
  register a dangerous or vicious dog if the owner:
               (1)  presents proof of:
                     (A)  liability insurance or financial
  responsibility, as required by Section 822.042;
                     (B)  current rabies vaccination of the dangerous
  or vicious dog; and
                     (C)  the secure enclosure in which the dangerous
  or vicious dog will be kept; and
               (2)  pays an annual registration fee of $50.
         (b)  The animal control authority shall provide to the owner
  registering a dangerous or vicious dog a registration tag. The
  owner must place the tag on the dog's collar.
         (c)  If an owner of a registered dangerous or vicious dog
  sells or moves the dog to a new address, the owner, not later than
  the 14th day after the date of the sale or move, shall notify the
  animal control authority for the area in which the new address is
  located. On presentation by the current owner of the dangerous or
  vicious dog's prior registration tag and payment of a fee of $25,
  the animal control authority shall issue a new registration tag to
  be placed on the dangerous or vicious dog's collar.
         (d)  An owner of a registered dangerous or vicious dog shall
  notify the office in which the dangerous or vicious dog was
  registered of any attacks the dangerous or vicious dog makes on
  people.
         SECTION 13.  The heading to Section 822.044, Health and
  Safety Code, is amended to read as follows:
         Sec. 822.044.  ATTACK BY DANGEROUS OR VICIOUS DOG. 
         SECTION 14.  Sections 822.044(a) and (c), Health and Safety
  Code, are amended to read as follows:
         (a)  A person commits an offense if the person is the owner of
  a dangerous or vicious dog and the dog makes an unprovoked attack on
  another person outside the dog's enclosure and causes bodily injury
  to the other person.
         (c)  If a person is found guilty of an offense under this
  section, the court may order the dangerous or vicious dog destroyed
  by a person listed in Section 822.004.
         SECTION 15.  Section 822.045, Health and Safety Code, is
  amended by amending Subsection (a) and adding Subsection (a-1) to
  read as follows:
         (a)  A person who owns or keeps custody or control of a
  dangerous or vicious dog commits an offense if the person fails to
  comply with Section 822.042 or Section 822.0422(b) or an applicable
  municipal or county regulation relating to dangerous or vicious
  dogs.
         (a-1)  A person who owns or keeps custody or control of a dog
  weighing 40 pounds or more commits an offense if the person violates
  Section 822.0424.
         SECTION 16.  Section 822.047, Health and Safety Code, is
  amended to read as follows:
         Sec. 822.047.  LOCAL REGULATION OF DANGEROUS OR VICIOUS
  DOGS.  A county or municipality may place additional requirements
  or restrictions on dangerous or vicious dogs if the requirements or
  restrictions:
               (1)  are not specific to one breed or several breeds of
  dogs; and
               (2)  are more stringent than restrictions provided by
  this subchapter.
         SECTION 17.  (a) The change in law made by this Act applies
  only to an offense committed on or after the effective date of this
  Act. For purposes of this section, an offense is committed before
  the effective date of this Act if any element of the offense occurs
  before that date.
         (b)  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.
         SECTION 18.  This Act takes effect September 1, 2009.