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<br /> <br />.8 <br />10 <br /> <br />.Ir- <br /> <br />ill <br /> <br />in <br /> <br />a <br />'s <br /> <br />\V <br />11' <br /> <br />\V <br /> <br />IS <br />)1 <br /> <br />'s <br /> <br />h <br /> <br />11 <br /> <br />'s <br />If <br /> <br />~ <br /> <br /> <br />REGULATION OF ANIMALS <br />Ch. 822 <br /> <br />(c) If a person is found guilty of an offense under this section, the court may <br />order the dangerous dog destroyed by a person listed in Section 822.003. <br /> <br />(d) In addition to criminal prosecution, a person who commits an offense <br />under this section is liable for a civil penalty not to exceed $10,000. An attorney <br />having civil jurisdiction in the county or an attorney for a municipality where <br />the offense occurred may file suit in a court of competent jurisdiction to collect <br />the penalty. Penalties collected under this subsection shall be retained by the <br />county or municipality. <br /> <br />~ 822.045 <br /> <br />Added by Acts 1991, nnd Leg., ch. 916, S I, err. Sept. I, 1991. <br /> <br />Cross References <br />Punishment, Class C misdemeanor, see V.T,C.A., Pen31 Code S 12.23. <br /> <br />Animals (;::>76. <br />West law Topic No. 28. <br />C.l.S. Animals S 203. <br /> <br />Library References <br /> <br />39 Am Jur Proof of Facts 3d 133, Plaintiff's <br />Negligence, Provocation, or Assumption of <br />Risk as Defl-nse in Dogbite Case. <br /> <br />Texts and T.'catiscs <br />3 Tex~ls Jur 3d, Ani S 30. <br /> <br />~ 822.045. Violations <br /> <br />(a) A person who owns or keeps custody or control of a dangerous dog <br />commits an offense if the person fails to comply with Section 822.042 or <br />Section 822.0422(b) or an applicable municipal or county regulation relating to <br />dangerous dogs. <br /> <br />(b) Except as provided by Subsection (c), an offense under this section IS a <br />Class C misdemeanor. <br /> <br />(c) An offense under this section is a Class B misdemeanor if it is shown on <br />the trial of the offense that the defendant has previously been convicted under <br />this section. <br /> <br />Added by Acts 1991, nnd Leg., ch. 916, S I, err. Sept. I, 1991. Amended by Acts 1997, <br />75th Leg., ch. 99, S 2, err. Sept. 1, 1997. <br /> <br />Historical and Statutory Notes <br /> <br />Cllf <br />.co, <br /> <br />Sections 4 and 5 of Acts 1997, 75th Leg., ch. <br />99 provide: <br /> <br />"Sec. 4. The change in law made by Section <br />1 of this Act applies only to a serious bodily <br />injury to a person by a dog that occurs on or <br />after September I, J 997. A serious bodily inju- <br />ry that occurs before September I, 1997, is <br />covered bv the law in effect at that time, and the <br />fonner Ia~v is continued in effect for that pur- <br />pose. <br /> <br />"Sec. 5. (a) The change in law made by this <br />Act applies only to an offense committed on or <br /> <br />511 <br /> <br />after the effective date [Sept. I. 1997J of this <br />Act. For purposes of this section, an offense is <br />committed befol'e the effecth'e date of this Act if <br />any element of the offense occurs before that <br />date. <br /> <br />;. ". <br />i,;-~ <br /> <br />"(b) An offense committed before the effec- <br />th'e date of this Act is co\'ered by the law in <br />effect when the offense was committed, and the <br />former law is continued in effect for that pur- <br />pose." <br /> <br />-, -'----r--.'--" -..-,...-" <br />