88R16186 MPF-F     By: Campos H.B. No. 4759       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 822.0421, Health and Safety Code, is   amended by amending Subsection (a) and adding Subsections (a-1),   (a-2), and (e) to read as follows:          (a)  If a person reports an incident described by Section   822.041(2), the animal control authority shall [may] investigate   the incident. The animal control authority 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.          (a-1)  A dog is presumed to be a dangerous dog for the   purposes of this section if an incident described by Section   822.041(2) results in:                (1)  serious bodily injury, as defined by Section   822.001, or death of an individual;                (2)  the transport of an individual to a hospital;                (3)  the filing of a police report on the incident; or                (4)  the arrest of the owner.          (a-2)  If the animal control authority determines that a dog   is a dangerous dog under this section, the authority must   immediately notify an appropriate law enforcement agency and the   local county or district attorney with jurisdiction of the   incident.          (e)  The identifying information of a witness who gives a   sworn statement under Subsection (a) is not subject to disclosure   under Chapter 552, Government Code. In this subsection,   "identifying information" has the meaning assigned by Section   32.51, Penal Code.          SECTION 2.  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 felony of the third   degree if it is shown on trial of the offense that the defendant has   been previously convicted of an offense under this section.          SECTION 3.  (a) Except as otherwise provided by this   section, Section 822.0421, 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 4.  Section 822.044, Health and Safety Code, as   amended 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 5.  This Act takes effect September 1, 2023.