What Is 'Lillian's Law' in Texas for Severe or Fatal Dog Attacks? (Health & Safety Code § 822.005)
Direct Answer Under Texas Law
Named after 76-year-old central Texas resident Lillian Stiles, 'Lillian's Law' (Tex. Health & Safety Code § 822.005) makes it a 3rd-degree felony (or 2nd-degree felony if fatal) when a dog owner (1) with criminal negligence fails to secure their dog, and the dog makes an unprovoked attack on a person outside the owner's property causing serious bodily injury or death, OR (2) knows the dog is a statutorily 'dangerous dog' (§ 822.041) and the dog makes an unprovoked attack outside its enclosure causing serious bodily injury or death.
Critical Texas Procedural Trap to Watch Out For
In addition to criminal prosecution, an owner's violation of Tex. Health & Safety Code § 822.005 or local dangerous-dog restraint mandates (§ 822.042—requiring a secure enclosure and $100,000 minimum liability insurance!) establishes civil Negligence Per Se.
Recommended Action Plan for Texas Claimants
Request a formal Dangerous Dog Determination hearing with Municipal Animal Control under Tex. Health & Safety Code § 822.0421 within 30 days of the attack.
Detailed Texas Statutory & Case Law Breakdown
Under Tex. Health & Safety Code §§ 822.005, 822.041–822.044; CPRC § 41.008(c) and controlling Texas appellate precedent in State v. Taylor, 322 S.W.3d 722 (Tex. App.—Texarkana 2010), Texas trial and appellate courts apply strict statutory rules to this exact issue. Unlike generic multi-state legal summaries, Texas tort procedure under the Civil Practice and Remedies Code (CPRC), Insurance Code, Transportation Code, and Labor Code enforces specific statutory formulas—including the 51% proportionate responsibility bar (CPRC § 33.001), paid-or-incurred medical expense admissibility (CPRC § 41.0105 / Haygood), and mandatory statutory lien caps (Prop. Code Ch. 55 & Ins. Code Ch. 140).
Step-by-Step Texas Procedural Checklist
- Verify the exact statutory text of Tex. Health & Safety Code §§ 822.005, 822.041–822.044; CPRC § 41.008(c) and how Texas courts apply State v. Taylor, 322 S.W.3d 722 (Tex. App.—Texarkana 2010) in your county's appellate district.
- Beware of the Texas Procedural Trap: In addition to criminal prosecution, an owner's violation of Tex. Health & Safety Code § 822.005 or local dangerous-dog restraint mandates (§ 822.042—requiring a secure enclosure and $100,000 minimum liability insurance!) establishes civil Negligence Per Se.
- Execute the Texas Action Plan: Request a formal Dangerous Dog Determination hearing with Municipal Animal Control under Tex. Health & Safety Code § 822.0421 within 30 days of the attack.
- Preserve all physical, electronic, and medical billing records early so your CPRC § 18.001 affidavits and TRCP 194.2 Initial Disclosures are complete.
Frequently Asked Questions Under Texas Law
What Is 'Lillian's Law' in Texas for Severe or Fatal Dog Attacks? (Health & Safety Code § 822.005)
Named after 76-year-old central Texas resident Lillian Stiles, 'Lillian's Law' (Tex. Health & Safety Code § 822.005) makes it a 3rd-degree felony (or 2nd-degree felony if fatal) when a dog owner (1) with criminal negligence fails to secure their dog, and the dog makes an unprovoked attack on a person outside the owner's property causing serious bodily injury or death, OR (2) knows the dog is a statutorily 'dangerous dog' (§ 822.041) and the dog makes an unprovoked attack outside its enclosure causing serious bodily injury or death. Key Texas Trap to Avoid: In addition to criminal prosecution, an owner's violation of Tex. Health & Safety Code § 822.005 or local dangerous-dog restraint mandates (§ 822.042—requiring a secure enclosure and $100,000 minimum liability insurance!) establishes civil Negligence Per Se.
What Texas statute and Supreme Court / appellate precedent control 'lillian's law' (health & safety code § 822.005)?
This question is governed in Texas by Tex. Health & Safety Code §§ 822.005, 822.041–822.044; CPRC § 41.008(c) and the legal standards articulated in State v. Taylor, 322 S.W.3d 722 (Tex. App.—Texarkana 2010). Recommended step: Request a formal Dangerous Dog Determination hearing with Municipal Animal Control under Tex. Health & Safety Code § 822.0421 within 30 days of the attack.
Mandatory 6-Point Texas Legal Disclaimer & Notice
- 1. Not Legal Advice: This website provides general educational and statutory reference information strictly scoped to Texas personal injury law, Texas courts, and Texas statutes. Nothing on this site constitutes legal advice, a legal opinion, or counseling on any specific set of facts.
- 2. No Attorney-Client Relationship: Viewing this website, reading any statutory or procedural guide, or using any interactive calculator, checklist, or reference tool does not create an attorney-client relationship between you and this publisher or any contributor.
- 3. Content May Be Inaccurate or Outdated: Although articles reference the Texas Civil Practice and Remedies Code (CPRC), Texas Transportation Code, Texas Insurance Code, Texas Labor Code, Texas Rules of Civil Procedure (TRCP), and published decisions of the Supreme Court of Texas and the 15 Texas Courts of Appeals, legislation and appellate holdings change continually. Information on this website may be incomplete, inaccurate, or superseded by subsequent statutory amendments or judicial opinions.
- 4. Verify With a Licensed Texas Attorney: Deadlines under Tex. Civ. Prac. & Rem. Code § 16.003, municipal charter notice windows under § 101.101, and comparative fault bars under Chapter 33 are strictly enforced. Always verify your legal rights, filing deadlines, and jurisdictional rules directly with an attorney licensed and in good standing with the State Bar of Texas.
- 5. No Guarantee of Results: Statutory damage cap formulas, proportionate responsibility illustrations, and medical bill adjustment examples are mathematical and educational illustrations only. They do not predict, warrant, or guarantee any specific verdict, settlement amount, or legal outcome in any Texas court.
- 6. Independent Reference Portal — Not a Law Firm: Texas Injury Law Reference is an independent legal education publication. We are not a law firm, do not practice law, do not solicit clients, and do not operate as an attorney referral service.