Texas HB 1982 creates new class of vicious dog, prohibits off-leash activities

Texas State Representative Trey Martinez Fischer (D-San Antonio) has introduced HB 1982 which adds new definitions and penalties to Texas' state dangerous dog law.

HB 1982 at a glance:

• Adds a new category to the state dangerous dog law: “Vicious” dog. 
• Where the state law says, "dangerous dog," HB 1982 adds, "dangerous or vicious dog."
• A dog declared “vicious” would face the same sanctions as a dog declared “dangerous”. 
• Dogs can be seized without escaping or biting a person or animal.
• Dogs weighing more than 40 lbs. may never be off-lead under any circumstances.

To understand HB 1982, one needs to understand how a dog is declared dangerous under state law.  Currently, a "dangerous" dog makes an unprovoked attack while at large, or while outside its enclosure commits acts that "cause a person to reasonably believe that the dog will attack and cause bodily injury to that person" (Texas Heath and Safety Code Sec. 822.041).  Under current state law it is already possible to declare a dog "dangerous" without the dog ever touching, much less seriously injuring, a person.

If a dog is declared dangerous, it is subject to enclosure, registration and insurance requirements. These requirements are so burdensome and expensive that most people surrender the dog.  Texas has additional penalties, up to and including second and third degree felonies for the owner, when dogs bite and seriously injure people.

What is a "vicious" dog?  Under HB 1982, “vicious” means:  “…because of the dog ’s physical nature and vicious propensity is capable of inflicting serious bodily injury, as that term is defined by Section 822.001, or death to human beings and constitutes a danger to human life or property…” 

This is a broad definition. Any dog is physically capable of  injuring a person -- he may not have the inclination to do so, but  canine teeth are after all designed to tear meat. One has to ask if  "or property" means that a dog may be declared vicious for being capable of eating a sofa?

HB 1982 would allow animal control to seize your dog from your home even if the dog is licensed, vaccinated, has never escaped, and has never bitten or scratched a person or other animal.  If neighbors are able to have neighbors’ dogs seized for barking through the fence, animal control officers could be used as weapons in conflicts that have nothing to do with dogs.

A dog declared vicious would face almost certain euthanasia because few people insure a dog that has been declared vicious or dangerous, or afford to pay the impound fees to reclaim the dog.

In addition, HB 1982 prohibits dogs over 40 lbs. from being off-lead in cities over one million people. There are no exceptions for legal dog parks, hunting, competitions, or search and rescue dogs.  Dallas and San Antonio, for example, have leash laws but also sanction off-leash dog parks. Dallas, San Antonio and Houston attract large national dog shows, which would take their revenue elsewhere because HB 1982 makes no exceptions for events, such as flyball and agility trials, which are by definition performed off-lead.

The bill goes even further than requiring all dogs over 40 lbs. to be on leashes at all times -- it requires them to be in a "secure enclosure." A "secure enclosure," under Texas state law, is an enclosure required for dangerous dogs.

HB 1982 is not necessary for several reasons. First, many cities are already enacting their own dangerous dog laws that are more stringent than the state law, and even state law allows dogs to be declared dangerous without biting a person. Second, the vast majority of cities already have leash laws that provide appropriate exemptions for working dogs and competitions.  Third, allowing dogs to be seized based solely on their size and appearance is a situation ripe for selective enforcement and neighbor harassment.

Link to HB 1982 on the Texas Legislature website.
Link to info on how to act on this bill, which is scheduled for hearing Monday, April 6.