Relating to an attack by a dangerous dog; increasing a criminal penalty.

89(R) HB 2806 - House Committee Report version - Bill Text

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.