SAN ANTONIO – Gov. Greg Abbott vetoed a bill Saturday that would have increased criminal consequences for owners of dangerous dogs.
Ramon Najera
On Feb. 24, 81-year-old military veteran Ramon Najera was attacked and killed on Depla Street on the West Side by dogs previously deemed dangerous.
Najera’s wife and two others suffered injuries in the attack.
The owners of the dogs, Christian Moreno and Abilene Schnieder, were arrested and charged with attack by dangerous dog resulting in death and injury to an elderly person.
A memo from San Antonio City Manager Eric Walsh showed that, in the last two years, there had been 114 calls to police and 42 calls to 311 about the home where the dogs lived.
Attack spurs new legislation
After the deadly incident, state lawmakers from San Antonio joined to create House Bill 4759, also named the Ramon Najera Act.
The authors were Texas Reps. Elizabeth Campos and Diego Bernal and State Sen. José Menéndez. They also filed two other bills related to dangerous dogs.
HB 4759 would have increased the criminal consequences for owners if their dangerous dog acted out, making it a class-C misdemeanor for the first offense and a third-degree felony for repeated violations.
The bill would have also made it easier for Animal Care Services to remove dangerous dogs.
Senator Menendez previously explained, “If they can see or identify specifically the attacker or the attackee — the vicious, dangerous dog — they can remove the dog at that point. They don’t have to wait for an affidavit.”
The “dangerous dog” label is an official designation requiring mandatory insurance, a special enclosure, a muzzle in public, and signage.
However, that designation can only be made after an ACS investigation. Many victims don’t initiate an investigation for fear of retaliation from owners.
HB 4759 would have allowed people to remain anonymous.
When San Antonio Mayor Ron Nirenberg previously commented on the case, he said neighbors on Depla Street didn’t file affidavits because they feared retaliation. He also said one person was already arrested for retaliation in this case.
Governor vetoes bill
Abbott vetoed the bill on Saturday, posting the following proclamation explaining his reasoning:
“Texas’s existing criminal laws penalize attacks by dangerous dogs — so much so that felony arrests have already been made of the dog owners responsible for the tragic attack that took the life of a distinguished Air Force veteran in San Antonio, and that was the catalyst for House Bill No. 4759. The justice system should be allowed to work without the overcriminalization found in this bill. I look forward to working with the author to create investigations and procedures that stop dog attacks before they happen.”
ACS response to veto
Animal Care Services, which supported the bill, released a statement Monday:
“The Governor’s veto of HB4579 is disappointing but residents must be held accountable for the threatening and vicious behavior of their dogs. Animal Care Services will continue to work with our leaders, our legislators, our courts and our community to do just that. We ask that everyone with a pet get to know the animal laws in your community. Learn them. Follow them.
“Ignorance is no excuse for irresponsibility and for too long this willful negligence has diminished the quality of life and safety in San Antonio neighborhoods. As ACS prepares for the upcoming budget, the department and the City Manager’s office will continue to invest in programs and personnel that balance public safety and placement.”
ACS officials have already presented a comprehensive plan to the San Antonio City Council, calling for an increase in personnel, including dangerous dog investigators. They await the city’s budget release in September to see if their requests will be fulfilled.