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� H.B.�No.�1355
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AN ACT
� relating to dog attacks on persons; creating an offense.
� �������BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
� �������SECTION�1.��This Act may be cited as "Lillian's Law" in
� memory of Mrs. Lillian Stiles. �This Act is also dedicated to the
� memory of Mrs. Fannie Pearl Pharms, Ms. Cheryl Marie Floyd, and all
� other victims of unprovoked dog attacks.
� �������SECTION�2.��The heading to Subchapter A, Chapter 822, Health
� and Safety Code, is amended to read as follows:
� SUBCHAPTER A. �GENERAL PROVISIONS; DOGS THAT ATTACK PERSONS OR
� ARE A DANGER TO PERSONS
� �������SECTION�3.��Section 822.001, Health and Safety Code, is
� amended by adding Subdivisions (3) and (4) to read as follows:
� �������������(3)��"Dangerous dog," "dog,"�"owner,"�and "secure
� enclosure"�have the meanings assigned by Section 822.041.
� �������������(4)��"Secure"�means to take steps that a reasonable
� person would take to ensure a dog remains on the owner's property,
� including confining the dog in an enclosure that is capable of
� preventing the escape or release of the dog.
� �������SECTION�4.��Subchapter A, Chapter 822, Health and Safety
� Code, is amended by adding Section 822.0011 to read as follows:
� �������Sec.�822.0011.��APPLICATION TO CERTAIN PROPERTY. �For
� purposes of this subchapter, a person's property includes property
� the person is entitled to possess or occupy under a lease or other
� agreement.
� �������SECTION�5.��Section 822.005, Health and Safety Code, is
� amended to read as follows:
� �������Sec.�822.005.��ATTACK BY DOG. (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, 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 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.
� �������(c)��If a person is found guilty of an offense under this
� section, the court may order the dog destroyed by a person listed in
� Section 822.004.
� �������(d)��A person who is subject to prosecution under this
� section and under any other law may be prosecuted under this
� section, the other law, or both. [PROVOCATION OR LOCATION OF ATTACK
� IRRELEVANT. Except as provided by Section 822.003(f), this
� subchapter applies to any dog that causes a person's death or
� serious bodily injury by attacking, biting, or mauling the person,
� regardless of whether the dog was provoked and regardless of where
� the incident resulting in the person's death or serious bodily
� injury occurred.]
� �������SECTION�6.��Subchapter A, Chapter 822, Health and Safety
� Code, is amended by adding Sections 822.006 and 822.007 to read as
� follows:
� �������Sec.�822.006.��DEFENSES. �(a) �It is a defense to prosecution
� under Section 822.005(a) that the person is a veterinarian, a
� veterinary clinic employee, a peace officer, a person employed by a
� recognized animal shelter, or a person employed by this state or a
� political subdivision of this state to deal with stray animals and
� has temporary ownership, custody, or control of the dog in
� connection with that position.
� �������(b)��It is a defense to prosecution under Section 822.005(a)
� that the person is an employee of the Texas Department of Criminal
� Justice or a law enforcement agency and trains or uses dogs for law
� enforcement or corrections purposes and is training or using the
� dog in connection with the person's official capacity.
� �������(c)��It is a defense to prosecution under Section 822.005(a)
� that the person is a dog trainer or an employee of a guard dog
� company under Chapter 1702, Occupations Code, and has temporary
� ownership, custody, or control of the dog in connection with that
� position.
� �������(d)��It is a defense to prosecution under Section 822.005(a)
� that the person is disabled and uses the dog to provide assistance,
� the dog is trained to provide assistance to a person with a
� disability, and the person is using the dog to provide assistance in
� connection with the person's disability.
� �������(e)��It is a defense to prosecution under Section 822.005(a)
� that the person attacked by the dog was at the time of the attack
� engaged in conduct prohibited by Chapters 19, 20, 21, 22, 28, 29,
� and 30, Penal Code.
� �������(f)��It is an affirmative defense to prosecution under
� Section 822.005(a) that, at the time of the conduct charged, the
� person and the dog are participating in an organized search and
� rescue effort at the request of law enforcement.
� �������(g)��It is an affirmative defense to prosecution under
� Section 822.005(a) that, at the time of the conduct charged, the
� person and the dog are participating in an organized dog show or
� event sponsored by a nationally recognized or state-recognized
� kennel club.
� �������(h)��It is an affirmative defense to prosecution under
� Section 822.005(a) that, at the time of the conduct charged, the
� person and the dog are engaged in:
� �������������(1)��a lawful hunting activity; or
� �������������(2)��a farming or ranching activity, including herding
� livestock, typically performed by a working dog on a farm or ranch.
� �������(i)��It is a defense to prosecution under Section 822.005(a)
� that, at the time of the conduct charged, the person's dog was on a
� leash and the person:
� �������������(1)��was in immediate control of the dog; or
� �������������(2)��if the person was not in control of the dog, the
� person was making immediate and reasonable attempts to regain
� control of the dog.
� �������Sec.�822.007.��LOCAL REGULATION OF DOGS. �This subchapter
� does not prohibit a municipality or county from adopting leash or
� registration requirements applicable to dogs.
� �������SECTION�7.��Sections 822.044(b) and (c), Health and Safety
� Code, are amended to read as follows:
� �������(b)��An offense under this section is a Class C misdemeanor[,
� unless the attack causes serious bodily injury or death, in which
� event the offense is a Class A misdemeanor].
� �������(c)��If a person is found guilty of an offense under this
� section, the court may order the dangerous dog destroyed by a person
� listed in Section 822.004 [822.003].
� �������SECTION�8.��Section 822.044(d), Health and Safety Code, is
� repealed.
� �������SECTION�9.��(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�10.��This Act takes effect September 1, 2007.
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� ______________________________ ______________________________
� ���President of the Senate Speaker of the House�����
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� �������I certify that H.B. No. 1355 was passed by the House on April
� 25, 2007, by the following vote:��Yeas 140, Nays 0, 1 present, not
� voting; and that the House concurred in Senate amendments to H.B.
� No. 1355 on May 21, 2007, by the following vote:��Yeas 135, Nays 5,
� 2 present, not voting.
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� ______________________________
� Chief Clerk of the House���
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� �������I certify that H.B. No. 1355 was passed by the Senate, with
� amendments, on May 17, 2007, by the following vote:��Yeas 31, Nays
� 0.
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� ______________________________
� Secretary of the Senate���
� APPROVED: __________________
� ����������������Date�������
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� �������� __________________
� ��������������Governor�������
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