Bill Text: TX SB16 | 2023 | 88th Legislature 2nd Special Session | Introduced

Texas Senate Bill 16 (Prior Session Legislation)

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 [SB16 Detail]

Download: Texas-2023-SB16-Introduced.html

	88S20131 MPF-F

	By: Menéndez	S.B. No. 16



	A BILL TO BE ENTITLED
	AN ACT
	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[,] 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 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 [An] offense
	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.