Update April 16: The County Affairs Committee does not intend to vote on this bill, H.B. 1982. The bill is dead for this legislative session. Good news for the dogs!

Update April 7: The County Affairs Committee heard testimony yesterday on this bill but has not yet voted on it. It appears there will at least be some changes made to it before a vote.

Please keep writing and calling Committee members about this bill. Tell them to vote NO to H.B. 1982. The committee members acknowledged that the bill has a lot of opposition and that is because of your calls, faxes and emails.  Find a list below and keep calling and writing! (Be polite please!) 

The bill's sponsor, Rep. Martinez Fischer, described "dangerous and vicious" dogs as a "serious issue".  He and other proponents seemed unaware that Texas has a state law that addresses the behavior of dogs that are "dangerous".

As Lydia Zaidman, founder and executive director of Luv-a-bull, pointed out, this law would apply to dogs that are confined in an enclosure or inside a house that someone thinks might be dangerous.

She explained, "This bill allows your neighbor to say I think this dog has a propensity to be dangerous or vicious." Owners would then be subjected to an investigation and an expensive hearing process. Zaidman called the bill "completely overbroad" and "completely vague".  She added, "Owners of dogs that are in a secure enclosure but bark or growl at someone walking by will have the same punishment as those with dogs running around biting someone." She pointed out the burden this will place on animal control, shelters and the judicial system. 

Zaidman also questioned why there would be a distinction made for dogs weighing over 40 lbs.  She said she had heard no reason why they could not run around at dog parks.

Zaidman, said, "This is not a good bill."   To hear more go here and click on testimony for April 6 and start listening at 5:55 p.m.

Original report: A Texas bill, H.B. 1982, would make it a crime -yes, a crime -  in cities with a population of more than 1 million people, for owners or keepers to allow dogs weighing more than 40 lbs to be off leash at a dog park or otherwise in public.

Taking away something that helps keep dogs healthy, happy and well-socialized....

The bill was introduced by Texas state Rep. Martinez Fischer. It is being considered by the County Affairs Committee. Call or write NOW and urge committee members to vote NO on H.B. 1982:

Clerk:  Revlynn Lawson
Phone: (512) 463-0760

Chair:    Rep. Garnet Coleman
Vice Chair:    Rep. Geanie Morrison
Members:
Rep. Leo Berman
Rep. Valinda Bolton
Rep. Joaquin Castro
Rep. John Davis
Rep. Marisa Marquez
Rep. Ralph Sheffield
Rep. Wayne Smith

Rep. Garnet Coleman (chair)
http://www.house.state.tx.us/members/dist147/coleman.php
Capitol Office: CAP GW.17
Capitol Address:      P.O. Box 2910
Austin, TX 78768
Capitol Phone: (512) 463-0524 FAX: (512) 463-1260
DISTRICT: HOUSTON

Rep. Geanie Morrison (Vice Chair)
http://www.house.state.tx.us/members/dist30/morrison.php
Capitol Office: CAP GN.11
Capitol Address:      P.O. Box 2910
Austin, TX 78768
Capitol Phone: (512) 463-0456  FAX:  (512) 476-3933
DISTRICT: VICTORIA

Rep. Leo Berman
http://www.house.state.tx.us/members/dist6/welcome.htm
Capitol Office: EXT E2.908
Capitol Address:      P.O. Box 2910
Austin, TX 78768
Capitol Phone: (512) 463-0584    FAX (512) 463-3217
DISTRICT: TYLER

Rep. Valinda Bolton
http://www.house.state.tx.us/members/dist47/bolton.php
Capitol Office: EXT E2.716
Capitol Address:      P.O. Box 2910
Austin, TX 78768
Capitol Phone: (512) 463-0652   FAX (512) 463-0565
DISTRICT: AUSTIN

Rep. Joaquin Castro
http://www.house.state.tx.us/members/dist125/castro.php
Capitol Office: EXT E1.302
Capitol Address:      P.O. Box 2910
Austin, TX 78768
Capitol Phone: (512) 463-0669   FAX (512) 463-5074
DISTRICT: SAN ANTONIO

Rep. John E. Davis
http://www.house.state.tx.us/members/dist129/davis.php
Capitol Office: CAP 4S.4
Capitol Address:      P.O. Box 2910
Austin, TX 78768
Capitol Phone: (512) 463-0734   FAX (512) 479-6955
DISTRICT: HOUSTON

Rep. Marisa Marquez
http://www.house.state.tx.us/members/dist77/marquez.php
Capitol Office: EXT E2. 704
Capitol Address:      P.O. Box 2910
Austin, TX 78768
Capitol Phone: (512) 463-0638    FAX (512) 463-8908
DISTRICT: AUSTIN

Rep. Ralph Sheffield
http://www.house.state.tx.us/members/dist55/sheffield.php
Capitol Office: EXT E1.422
Capitol Address:      P.O. Box 2910
Austin, TX 78768
Capitol Phone: (512) 463-0630  FAX (512)322-9054
DISTRICT: AUSTIN

Rep. Wayne Smith
http://www.house.state.tx.us/members/dist128/smith.php
Capitol Office: EXT E2.214
Capitol Address:      P.O. Box 2910
Austin, TX 78768
Capitol Phone: (512) 463-0733   FAX  (512) 463-1323
DISTRICT: BAYTOWN

If you live in Texas, find your state legislators here and write or call and urge them to oppose H.B. 1982.   Find Texas House members here and state senators here.  

When will people stop looking at breed or weight and start addressing the real reasons dogs bite? If they want to make communities safe, legislators should take a look at owner neglect, irresponsibility or criminal behavior and also encourage spay/neuter.  

The bill doesn't stop there. It creates a category of "vicious" dog in the current Texas dangerous dog law, Health & Safety Code §822.001 et seq. 

A "vicious" dog would be one that may never have left its home or enclosure but "because of the dog's physical nature and vicious propensity is capable of inflicting serious bodily injury ...or death to human beings and constitutes a danger to human life or property." 

Property?  My dog chews everything. Is he a danger to property? A vicious dog? Also, "physical nature and vicious propensity"? What does that mean? Is this saying if your dog is a certain breed, it will be called "vicious"?

A dog is also deemed "vicious" if it has "habitually behaved within the enclosure" in a way the owner knows or should know it is likely to attack or bite. A dog will also be declared "vicious if it "commits unprovoked acts" in the enclosure that would lead a reasonable person to believe the dog could cause serious injury or "acts in a highly aggressive manner" while confined and could escape.

A dog doesn't have to actually cause injury to be deemed "vicious".

An owner is charged with knowing if the dog is vicious based on this behavior and must register the dog and notify animal control the dog is vicious. If a doggrowls at the mail carrier, for example, but is inside the house or an enclosure, he could still be deemed "vicious". The dog could also be declared vicious on the basis of this behavior by animal control or a court or because of an attack.

If based on this behavior, the owner knows the dog is "vicious", he or she could be charged with a 2^nd degree felony if the dog causes death or the victim of an attack is under 15 or 65  years of age or older. A felony of the second degree is punishable by imprisonment in the institutional division for any term of not more than 20 years or less than 2 years, or, in addition to confinement, a fine not to exceed $10,000.

Like for a dog declared dangerous, a vicious dog must be registered as such and the owner must obtain $100,000 of liability insurance, restrain the dog on a leash or in a secure enclosure and follow any local regulations for dangerous dogs.  

No one under 21 could own a dangerous or vicious dogs. Dangerous or vicious dogs would not be allowed in public parks or on elementary or secondary school grounds.

Usually a dangerous and now "vicious" dog would not be ordered killed if the victim of an attack was a trespasser over the age of 4 or someone over that age who was inside the dog's enclosure. This bill would raise the age to 15.