Opinion
PD-0760-24
10-23-2024
RAY LEE COCKRELL, Appellant v. THE STATE OF TEXAS
DO NOT PUBLISH
ON STATE'S PETITION FOR DISCRETIONARY REVIEW FROM THE SIXTH COURT OF APPEALS BOWIE COUNTY
ORDER
PER CURIAM.
The Court refuses discretionary review of the State's petition. The Court grants review on its own motion on the following grounds:
Can the duty of an owner of dangerous dogs to restrain or securely enclose them, Tex. Health & Safety Code § 822.042(a), be imported to serve as a statutory duty for purposes of injury to a child by omission?
If the importation of the dangerous-dog duty in Tex. Health & Safety Code § 822.042(a) is improper for injury to a child by omission, the case should be remanded so the lower court can address the Appellant's act of letting his dogs roam freely as a basis for liability.
The State's brief is due within thirty days of the date of this order. Appellant's brief is due thirty days after the timely filing of the State's brief. Oral argument will be permitted.
The Clerk of this Court will send copies of this order to the Court of Appeals for the Sixth District, the State Prosecuting Attorney, the District Attorney for Bowie County, and Appellant.
IT IS SO ORDERED.