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A BILL TO BE ENTITLED
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AN ACT
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relating to the civil liability of and insurance requirements for |
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owners of certain dogs; providing penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 822, Health and Safety |
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Code, is amended by adding Section 822.008 to read as follows: |
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Sec. 822.008. CIVIL LIABILITY AND LIABILITY INSURANCE FOR |
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CERTAIN DOGS. (a) This section applies only to a male dog that: |
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(1) has not been neutered; |
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(2) weighs 20 pounds or more; and |
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(3) is not restrained at all times: |
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(A) on a leash in the immediate control of a |
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person; or |
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(B) in a secure enclosure. |
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(b) The owner of a dog described by Subsection (a) is liable |
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for damages to property and for death or bodily injury to a person |
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resulting from an attack by the dog. |
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(c) The owner of a dog described by Subsection (a) shall |
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maintain liability insurance coverage in an amount of not less than |
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$100,000 for each occurrence for liability for damages to property |
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and for death or bodily injury to a person caused by the dog. |
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(d) A person commits an offense if the person violates |
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Subsection (c). An offense under this subsection is a Class C |
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misdemeanor unless it is shown on the trial of the offense that the |
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person has previously committed an offense under this subsection, |
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in which event it is a Class B misdemeanor. |
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SECTION 2. Section 822.008, Health and Safety Code, as |
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added by this Act, applies only to a cause of action that accrues on |
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or after the effective date of this Act. A cause of action that |
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accrues before the effective date of this Act is governed by the law |
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as it existed at the time the cause of action accrued, and that law |
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is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2011. |