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If my dog is not vicious, do vicious dog laws affect me?
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Earlier I wrote a brief article about HB 1982, a bill in the Texas Legislature that allows a dog to be seized without ever leaving its yard or biting a person or animal, and bans all off-lead activities in large cities for dogs over 40 lbs.
Now that the bill is up for a hearing Monday, I would like to answer some frequently asked questions about this bill.
Question: “My dog never gets out and he does not bite. Why should I care about this bill?”
This bill allows a dog to be declared "vicious" without ever touching another person or animal and without leaving its kennel, yard, or other enclosure. A dog declared “vicious” would face almost certain euthanasia because few people can comply with the special insurance requirements or afford to pay the impound fees to reclaim the dog.
In other words, let’s say you have been crosswise with neighbors over parking issues. They report you for having a “vicious” dog because your dog barks behind his fence. He is a big, black Lab mix who might look intimidating, but is great with the kids and barks when people walk around the alley. He may be an indoor, obedience-trained family pet – no matter. Your dog is taken away and his fate is decided in one hearing before a judge. Your dog is given the same penalties as a dog that has actually escaped and bitten a person. Even if the dog is declared “not vicious,” you still owe impound fees. For many financially strapped families, the reality is that the dog will be destroyed regardless of the outcome.
Question: Two children have been killed in the past week by dogs. Wouldn't this bill have prevented these tragedies?
These highly unusual tragedies -- Fatal dog attacks in Texas number as few as one or two per year and always in the single digits -- would not have been prevented by this bill (source: National Canine Research Council). Until the autopsies are completed we can only speculate about what happened, but the children were unattended in the presence of the dogs. In one case, a toddler walked outside while his caregivers were sleeping. These cases are along the lines of other tragic accidents such as children who drown in pools or get into poison. Some accidents can be prevented by legislation -- for example, we know with 100% certainty that a child left in a hot car will die, therefore it is illegal to leave a child in a hot car. However, the vast majority of the millions of children in Texas who live with dogs do so without incident. In 2005, 197 children died as a result of abuse or neglect while three people were killed by dogs (source: National Canine Research Council).
Question: Isn't it unsafe for dogs to be off-lead? So what's wrong with this bill?
HB 1982 forbids off-leash activities for dogs over 40 lbs. in cities of one million people or more (Houston, Dallas, San Antonio). These cities already have leash laws, but they have multiple city-sanctioned dog parks where dogs may be off-lead in a fenced area. These cities attract world-class obedience, agility, flyball and tracking competitions (and the associated revenue) which are by definition off-lead. Even the State Fair of Texas herding dog demonstrations would be illegal unless the herders are using very small Border Collies. City leash laws provide appropriate exemptions, which do not discriminate based on size or breed, for working dogs and competitions.
Question: Do we have to wait for a child to be killed before we do something about a vicious dog?
No. 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.
In addition, local governments are free to pass dangerous dog laws that are more strict than the state law. For the state to create class of “vicious” dogs that are not even at large burdens animal control departments that are already challenged to keep up with loose and truly dangerous dogs. If local governments feel that they have the resources to adopt such an ordinance, state law allows them to do so.
Even dog owners who follow the law to the letter with registration, vaccinations and confinement could find themselves in the crosshairs of this law if it passes. Local governments are already revising their own dangerous dog laws and do not need the state to place additional confusing and expensive burdens on them. All dog owners and taxpayers should be concerned about this discriminatory and unnecessary bill.
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.
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