By Sloane Quealy-Miner
January 28, 2011 – Representative Ruth Jones McClendon introduced HB 998. The introduced bill would regulate intact male dogs over 20 pounds that are running at large
The bill that was introduced is NOT BSL and was NOT either of the devastating breed specific ‘bills’ written by the attorney Cynthia Kent.
I spoke with Rep. McClendon’s office this morning to clarify what dogs the term “certain dogs” is referring to and it is confirmed that “certain dog” applies to the following.
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.
The CDC has reported that 70% of all dog bite cases involve unsterilized male dogs, and an unneutered male dog is 2.6 times more likely to bite than a neutered male dog. In 2006, 97% of all dog related human fatalities in the United States involved unsterilized canines.
Link to Rep. McClendon
Link to bill H.B. No. 998
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.
