Dog Attack Probes Become Mandatory In A Handful Of Cities

The text as introduced · 1,126 words

89R9758 MPF-D

By: Lujan
H.B. No. 2806

A BILL TO BE ENTITLED

AN ACT

relating to an attack by a dangerous dog; increasing criminal

penalties; creating a criminal offense.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 822.001, Health and Safety Code, is

amended by adding Subdivision (1-a) to read as follows:

(1-a) "Bodily injury" has the meaning assigned by

Section 1.07, Penal Code.

SECTION 2. Sections 822.005(a) and (b), Health and Safety

Code, are amended 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 bodily injury, 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, and the dangerous 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 bodily injury or serious bodily

injury, as defined by Section 822.001, or death to the other person.

(b) An offense under this section is :

(1) a Class B misdemeanor if the attack causes bodily

injury;

(2) a felony of the third degree if the attack causes

serious bodily injury; or

(3) a felony of the second degree if [ unless ] the

attack causes death[ , in which event the offense is a felony of the

second degree ].

SECTION 3. Section 822.0421, Health and Safety Code, is

amended by amending Subsection (a) and adding Subsection (e) to

read as follows:

(a) If a person reports an incident described by Section

822.041(2), the animal control authority may investigate the

incident. The animal control authority on investigation of the

incident shall determine whether the dog is a dangerous dog by

observing and documenting the behavior of the dog or by examining

[ If , after receiving ] the sworn statements of any witnesses . If [ , ]

the animal control authority determines the dog is a dangerous dog,

the animal control authority shall notify the owner in writing of

the determination.

(e) In this subsection, "identifying information" has the

meaning assigned by Section 32.51, Penal Code. The identifying

information of a witness who gives a sworn statement under

Subsection (a):

(1) is confidential and not subject to disclosure

under Chapter 552, Government Code; and

(2) may be disclosed only for purposes of enforcing

this chapter to the governing body of the municipality or county in

which the incident occurred, as applicable, and any other

governmental or law enforcement agency.

SECTION 4. Subchapter D, Chapter 822, Health and Safety

Code, is amended by adding Section 822.04215 to read as follows:

Sec. 822.04215. DETERMINATION THAT DOG IS DANGEROUS IN

CERTAIN MUNICIPALITIES. (a) This section applies only to a

municipality that contains more than 70 percent of the population

of a county with a population of 1.5 million or more.

(b) Notwithstanding Section 822.0421(a), if a person

reports an incident described by Section 822.041(2)(A) or (B), the

animal control authority shall investigate the incident. If after

reviewing the sworn statements of any witness or reviewing any

other applicable reports or information, the animal control

authority determines the dog is a dangerous dog, the animal control

authority shall notify the owner in writing of the determination.

SECTION 5. Section 822.044, 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 Class C misdemeanor.

(b-1) An offense under this section is a Class B misdemeanor

if it is shown on trial of the offense that the defendant has been

previously convicted of an offense under this section.

SECTION 6. Chapter 822, Health and Safety Code, is amended

by adding Section 822.0445 to read as follows:

Sec. 822.0445. POSSESSION OF ANIMAL BY PERSON CONVICTED OF

DANGEROUS DOG ATTACK. (a) A person commits an offense if the

person:

(1) possesses or exercises control over a dog; and

(2) within the five-year period preceding the date of

the instant offense, has been previously convicted of an offense

under:

(A) Section 822.044; or

(B) federal law or a penal law of another state

containing elements that are substantially similar to the elements

of an offense described by Paragraph (A).

(b) An offense under this section is a Class C misdemeanor,

except that the offense is a Class B misdemeanor if the defendant

has been previously convicted of an offense under this section.

SECTION 7. The changes in law made by this Act to Sections

822.005 and 822.044, Health and Safety Code, as amended by this Act,

apply 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 8. (a) Section 822.0421(a), Health and Safety

Code, as amended by this Act, applies only to a determination based

on an incident that occurred on or after the effective date of this

Act. An incident that occurred before the effective date of this

Act is governed by the law in effect on the date the incident

occurred, and the former law is continued in effect for that

purpose.

(b) Section 822.0421(e), Health and Safety Code, as added by

this Act, applies to information contained in a sworn statement

released on or after the effective date of this Act, regardless of

whether the sworn statement was made before, on, or after that date.

SECTION 9. Section 822.04215, Health and Safety Code, as

added by this Act, applies only to a determination based on an

incident that occurred on or after the effective date of this Act.

An incident that occurred before the effective date of this Act is

governed by the law in effect on the date the incident occurred, and

the former law is continued in effect for that purpose.

SECTION 10. This Act takes effect September 1, 2025.