80th Texas Legislature, Regular Session, House Bill 1355, Chapter 669 Page: 2 of 6
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H.B. No. 1355
2 SECTION 5. Section 822.005, Health and Safety, Code, is
3 amended to read as follows:
4 Sec. 822.005. ATTACK BY DOG. (a) A person commits an
5 offense if the person is the owner of a dog and the person:
6 (1) with criminal negligence, as defined by Section
7 6.03, Penal Code, fails to secure the dog and the dog makes an
8 unprovoked attack on another person that occurs at a location other
9 than the owner's real property or in or on the owner's motor vehicle
10 or boat and that causes serious bodily injury, as defined by Section
11 1.07, Penal Code, or death to the other person; or
12 (2) knows the dog is a dangerous dog by learning in a
13 manner described by Section 822.042(g) that the person is the owner
14 of a dangerous dog, and the dangerous dog makes an unprovoked attack
15 on another person that occurs at a location other than a secure
16 enclosure in which the dog is restrained in accordance with
17 Subchapter D and that causes serious bodily injury, as defined by
18 Section 822.001, or death to the other person.
19 (b) An offense under this section is a felony of the third
20 degree unless the attack causes death, in which event the offense is
21 a felony of the second degree.
22 (c) If a person is found guilty of an offense under this
23 section, the court may order the dog destroyed by a person listed in
24 Section 822.004.
25 (d) A person who is subject to prosecution under this
26 section and under any other law may be prosecuted under this
27 section, the other law, or both. [DPROVOCATION OR LOCATION OF ATTACK
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Texas. Legislature. House of Representatives. 80th Texas Legislature, Regular Session, House Bill 1355, Chapter 669, legislative document, 2007-04/2007-06; [Austin, Texas]. (texashistory.unt.edu/ark:/67531/metapth154737/m1/2/: accessed December 19, 2018), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting UNT Libraries Government Documents Department.