***UPDATE***
I called McClendons office commenting on this bill and giving TDHA's opinion on the impact to hunting and working dogs across the state. After talking in circles for 15 minutes, the aid did say that this was only intended to apply to dogs in cities and that there had all ready been changes made to the wording in committee. There is a class action law suit underway regarding this bill as well.
This bill is in committee and dosen't need to get out, make some calls.
The added language is supposed to exempt dogs used or worked outside of city's but I will believe it when I see it. More updates to come.
We need some pressure on the Judiciary & Civil Jurisprudence committee found here:
http://www.legis.state.tx.us/Committees/MembershipCmte.aspx?LegSess=82R&Chamber=H&CmteCode=C330This bill is in this committee and a phone call to all members would help. Encourage them to vote NO on HB 998.
Thanks,
Paul T
82R2547 JSC-D
By: McClendon H.B. No. 998
A BILL TO BE ENTITLED
AN ACT
relating to the civil liability of and insurance requirements for
owners of certain dogs; providing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 822, Health and Safety
Code, is amended by adding Section 822.008 to read as follows:
Sec. 822.008. CIVIL LIABILITY AND LIABILITY INSURANCE FOR
CERTAIN DOGS. (a) This section applies only to a male dog that:
(1) has not been neutered;
(2) weighs 20 pounds or more; and
(3) is not restrained at all times:
(A) on a leash in the immediate control of a
person; or
(B) in a secure enclosure.
(b) The owner of a dog described by Subsection (a) is liable
for damages to property and for death or bodily injury to a person
resulting from an attack by the dog.
(c) The owner of a dog described by Subsection (a) shall
maintain liability insurance coverage in an amount of not less than
$100,000 for each occurrence for liability for damages to property
and for death or bodily injury to a person caused by the dog.
(d) A person commits an offense if the person violates
Subsection (c). An offense under this subsection is a Class C
misdemeanor unless it is shown on the trial of the offense that the
person has previously committed an offense under this subsection,
in which event it is a Class B misdemeanor.
SECTION 2. Section 822.008, Health and Safety Code, as
added by this Act, applies only to a cause of action that accrues on
or after the effective date of this Act. A cause of action that
accrues before the effective date of this Act is governed by the law
as it existed at the time the cause of action accrued, and that law
is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2011.
