Texas Health and Safety Code - HEALTH & SAFETY § 822.005. Attack by Dog

(a) A person commits an offense if the person is the owner of a dog and the person:

(1) with criminal negligence, as defined by Section 6.03, Penal Code , fails to secure the dog and the dog makes an unprovoked attack on another person that occurs at a location other than the owner's real property or in or on the owner's motor vehicle or boat and that causes serious bodily injury, as defined by Section 1.07, Penal Code , or death to the other person;  or

(2) knows the dog is a dangerous dog by learning in a manner described by Section 822.042(g) that the person is the owner of a dangerous dog, and the dangerous dog makes an unprovoked attack on another person that occurs at a location other than a secure enclosure in which the dog is restrained in accordance with Subchapter D   1 and that causes serious bodily injury, as defined by Section 822.001 , or death to the other person.

(b) An offense under this section is a felony of the third degree unless the attack causes death, in which event the offense is a felony of the second degree.

(c) If a person is found guilty of an offense under this section, the court may order the dog destroyed by a person listed in Section 822.004 .

(d) A person who is subject to prosecution under this section and under any other law may be prosecuted under this section, the other law, or both.

1  V.T.C.A., Health & Safety Code § 822.041 et seq.

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