89R3050 MPF-F     By: Campos H.B. No. 1346       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)(A) or (B), 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 September 1, 2025.