Bill Text: TX HB73 | 2023 | 88th Legislature 2nd Special Session | Introduced
Bill Title: Relating to an attack by a dangerous dog; increasing a criminal penalty.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-07-13 - Filed [HB73 Detail]
Download: Texas-2023-HB73-Introduced.html
| 88S20131 MPF-F | ||
| By: Campos | H.B. No. 73 | |
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| relating to an attack by a dangerous dog; increasing a criminal | ||
| penalty. | ||
| 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[ |
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| 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 [ |
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| attack causes death[ |
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| SECTION 3. Section 822.0421, Health and Safety Code, is | ||
| amended by adding Subsection (e) to read as follows: | ||
| (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), 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 [ |
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| under this section is a Class C misdemeanor. | ||
| (b-1) An offense under this section is a Class A 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. 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 7. 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 8. 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 9. This Act takes effect on the 91st day after the | ||
| last day of the legislative session. | ||
