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  82R7997 JSC-D
 
  By: Hopson H.B. No. 1389
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the criminal penalties for the owner of a dog that
  attacks another person.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 822.005, 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 felony of the third degree [unless the
  attack causes death, in which event the offense is a felony of the
  second degree].
         (b-1)  An offense under this section is a felony of the
  second degree if the attack causes death, except that the offense is
  a felony of the first degree if the attack causes death to a person:
               (1)  younger than 15 years of age; or
               (2)  65 years of age or older.
         SECTION 2.  The change in law made by this Act 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
  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 3.  This Act takes effect September 1, 2011.