Reporting dangerous dogs is expected to change in September as a result of the Ramon Najera Act, named after the 81-year-old veteran who was killed in a February dog attack in San Antonio.
House Bill 4759 passed the Texas Legislature on Monday. It will allow Animal Care Services to launch an investigation on its own, without the need for an affidavit or sworn statement, and will protect the identity and information of those who report dangerous dogs.
Under the new law — in San Antonio and in other large municipalities — the determination that a dog is dangerous is changing to include unprovoked attacks. And if it is reported, the animal control authority should investigate.
Najera was killed in February after two dogs attacked while getting into his vehicle on the West Side. His wife and two others were also injured. The dogs involved in the deadly mauling had bitten others before, but because no neighbors filed an affidavit with Animal Care Services, the department could not require the owner to follow additional safety measures.
“The neighbors were aware of these dangerous dogs, but were afraid to report them out of fear of retaliation,” state Sen. José Menéndez (D-San Antonio) told the Senate on Tuesday. “The dog owner, who was gang-affiliated, had threatened people. Unfortunately, there were things that required them to file an affidavit.”
State Rep. Elizabeth “Liz” Campos (D- San Antonio) authored the bill, and Menéndez (D-San Antonio), and state Reps. Diego Bernal and Josey Garcia (both D-San Antonio), Jeff Leach (R- Plano), and Penny Morales-Shaw (D- Houston) sponsored the bill.
If Gov. Greg Abbott signs HB 4759, it will be implemented in September.
“No family should ever have to face the tragedy of a dog attack,” San Antonio Animal Care Services spokeswoman Lisa Norwood said. “Unfortunately, there are too many owned dogs in San Antonio that are engaging in threatening behaviors.”
The penalty for repeat offenders also increases as part of the new bill. If a dangerous dog causes death, the owner will be charged with a second-degree felony. If the attack causes bodily injury, the owner faces a Class B misdemeanor or a third-degree felony if serious injury is caused.
Norwood said the law will give ACS more tools to hold irresponsible pet owners accountable, and at the same time will give victims or witnesses peace of mind by not sharing their information with others involved.
The bill comes on the heels of statistics shared by the City of San Antonio that show the number of dangerous dog reports tripled locally since the February mauling. The ACS said it has strengthened its internal processes for dog investigations, leading to the increase.
“All of those things, combined with hopefully this new law being signed into effect by the governor, I think it’s going to help us make San Antonio a safer community,” Norwood said.
