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Texas Laws | Health and Safety Code
HEALTH AND SAFETY CODE
TITLE 10. HEALTH AND SAFETY OF ANIMALS

(2) the person who made the complaint. (66744)

(c) Any interested party, including the county attorney or city attorney, is entitled to present evidence at the hearing. (66745)

(d) The court shall order the dog destroyed if the court finds that the dog caused the death of a person by attacking, biting, or mauling the person. If that finding is not made, the court shall order the dog released to: (66746)

(1) its owner; (66747)

(2) the person from whom the dog was seized; or (66748)

(3) any other person authorized to take possession of the dog. (66749)

(e) The court may order the dog destroyed if the court finds that the dog caused serious bodily injury to a person by attacking, biting, or mauling the person. If that finding is not made, the court shall order the dog released to: (66750)

(1) its owner; (66751)

(2) the person from whom the dog was seized; or (66752)

(3) any other person authorized to take possession of the dog. (66753)

(f) The court may not order the dog destroyed if the court finds that the dog caused the serious bodily injury to a person by attacking, biting, or mauling the person and: (66754)

(1) the dog was being used for the protection of a person or person's property, the attack, bite, or mauling occurred in an enclosure in which the dog was being kept, and: (66755)

(A) the enclosure was reasonably certain to prevent the dog from leaving the enclosure on its own and provided notice of the presence of a dog; and (66756)

(B) the injured person was at least eight years of age, and was trespassing in the enclosure when the attack, bite, or mauling occurred; (66757)

(2) the dog was not being used for the protection of a person or person's property, the attack, bite, or mauling occurred in an enclosure in which the dog was being kept, and the injured person was at least eight years of age and was trespassing in the enclosure when the attack, bite, or mauling occurred; (66758)

(3) the attack, bite, or mauling occurred during an arrest or other action of a peace officer while the peace officer was using the dog for law enforcement purposes; (66759)

(4) the dog was defending a person from an assault or person's property from damage or theft by the injured person; or (66760)

(5) the injured person was younger than eight years of age, the attack, bite, or mauling occurred in an enclosure in which the dog was being kept, and the enclosure was reasonably certain to keep a person younger than eight years of age from entering. (66761)

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Renumbered from Health & Safety Code Sec. 822.002 and amended by Acts 1997, 75th Leg., ch. 99, Sec. 1, eff. Sept. 1, 1997. (66762)

Sec. 822.004. DESTRUCTION OF DOG. (66763)(Text)

The destruction of a dog under this subchapter must be performed by: (66764)

(1) a licensed veterinarian; (66765)

(2) personnel of a recognized animal shelter or humane society who are trained in the humane destruction of animals; or (66766)

(3) personnel of a governmental agency responsible for animal control who are trained in the humane destruction of animals. (66767)

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Renumbered from Health & Safety Code Sec. 822.003 by Acts 1997, 75th Leg., ch. 99, Sec. 1, eff. Sept. 1, 1997. (66768)

Sec. 822.005. ATTACK BY DOG. (66769)(Text)

(a) A person commits an offense if the person is the owner of a dog and the person: (66770)

(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 (66771)

(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. (66772)

(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. (66773)

(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. (66774)

(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. (66775)

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Renumbered from Health & Safety Code Sec. 822.004 and amended by Acts 1997, 75th Leg., ch. 99, Sec. 1, eff. Sept. 1, 1997. (66776)

Amended by: (66777)

Acts 2007, 80th Leg., R.S., Ch. 669 (H.B. 1355), Sec. 5, eff. September 1, 2007. (66778)

Sec. 822.006. DEFENSES. (66779)(Text)

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