89R27971 MPF-D     By: Lujan, LaHood, Campos, Lopez of Bexar, H.B. No. 2806       Gervin-Hawkins, et al.     Substitute the following for H.B. No. 2806:     By:  VanDeaver C.S.H.B. No. 2806       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.  This Act may be cited as the Roman Najera Act.          SECTION 2.  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. If the animal control authority investigates the   incident by observing and documenting the behavior of the dog or by   examining [If , after receiving] the sworn statements of any   witnesses, the animal control authority:                (1)  may determine [determines] the dog is a dangerous   dog; and                (2)  for a dog the animal control authority determines   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 3.  Subchapter D, Chapter 822, Health and Safety   Code, is amended by adding Section 822.04215 to read as follows:          Sec. 822.04215.  DANGEROUS DOG DETERMINATION IN CERTAIN   MUNICIPALITIES. (a) This section applies only to a municipality   containing 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 may 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 4.  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 5.  (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 6.  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 7.  The changes in law made by this Act to Section   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.  This Act takes effect September 1, 2025.