In Texas, Proposed Legislation Would Put Teeth In Dog Bite Law

Senator Wentworth - Some dog owners are a breed unto themselves. They pamper their dogs and lavish them with affection, and their dogs love them back.

Unfortunately, not all pet owners are responsible, and not all dogs are lovable. Some are vicious, so vicious that they attack and kill people like 76-year-old Lillian Loraine Stiles. Mrs. Stiles was riding her lawnmower in her front yard, on her own property, when six mixed-breed dogs attacked and killed her.

There is no leash law in Milam County where Mrs. Stiles was killed, so the dogs' owner could not be held criminally liable for her death. After Mrs. Stiles' tragic death, her sisters, Bobbie Treuthardt and Mary Hill, both of whom live in Senate District 25, came to my San Antonio district office and asked me to strengthen Texas' dog bite laws.

Currently, owners are responsible for their dog's actions only if the owner knows the dog has previously bitten or attacked someone and has been determined to be a "dangerous dog." I believe Texas should do away with the "one free bite" law.

Dog owners would be held responsible in a bill that I plan to introduce when the Texas Legislature convenes in regular session in 2007. While the language of the bill is still being determined, one thing is certain - the bill will not target a specific breed of dog.

I don't care if the dog is a cocker spaniel or a pit bull; if it is not provoked and attacks someone, its owner should be held responsible. If the dog kills a person, it should be destroyed and its owner tried and punished.

Under the bill's provisions, an unprovoked dog attack would be classified as a Class B misdemeanor. Should serious bodily injury or death occur, the offense would be a third-degree felony.