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AN ACT
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relating to appeals regarding dangerous dogs. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 822.042(e), Health and Safety Code, is |
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amended to read as follows: |
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(e) The court shall order the animal control authority to |
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humanely destroy the dog if the owner has not complied with |
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Subsection (a) before the 11th day after the date on which the dog |
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is seized or delivered to the authority, except that, |
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notwithstanding any other law or local regulation, the court may |
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not order the destruction of a dog during the pendency of an appeal |
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under Section 822.0424. The court shall order the authority to |
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return the dog to the owner if the owner complies with Subsection |
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(a) before the 11th day after the date on which the dog is seized or |
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delivered to the authority. |
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SECTION 2. Section 822.0421, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 822.0421. DETERMINATION THAT DOG IS DANGEROUS. (a) If |
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a person reports an incident described by Section 822.041(2), the |
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animal control authority may investigate the incident. If, after |
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receiving the sworn statements of any witnesses, the animal control |
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authority determines the dog is a dangerous dog, the animal control |
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authority [it] shall notify the owner in writing of the |
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determination [that fact]. |
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(b) Notwithstanding any other law, including a municipal |
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ordinance, an [An] owner, not later than the 15th day after the date |
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the owner is notified that a dog owned by the owner is a dangerous |
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dog, may appeal the determination of the animal control authority |
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to a justice, county, or municipal court of competent jurisdiction. |
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(c) To file an appeal under Subsection (b), the owner must: |
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(1) file a notice of appeal of the animal control |
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authority's dangerous dog determination with the court; |
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(2) attach a copy of the determination from the animal |
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control authority; and |
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(3) serve a copy of the notice of appeal on the animal |
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control authority by mailing the notice through the United States |
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Postal Service. |
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(d) An owner may appeal the decision of the justice[,
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county,] or municipal court under Subsection (b) in the [same] |
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manner described by Section 822.0424 [as appeal for other cases
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from the justice, county, or municipal court]. |
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SECTION 3. Section 822.0423, Health and Safety Code, is |
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amended by adding Subsection (c-1) and amending Subsection (d) to |
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read as follows: |
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(c-1) The court shall determine the estimated costs to house |
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and care for the impounded dog during the appeal process and shall |
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set the amount of bond for an appeal adequate to cover those |
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estimated costs. |
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(d) An owner or person filing the action may appeal the |
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decision of the municipal or [court,] justice court[, or county
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court] in the manner described by Section 822.0424 [provided for
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the appeal of cases from the municipal, justice, or county court]. |
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SECTION 4. Subchapter D, Chapter 822, Health and Safety |
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Code, is amended by adding Section 822.0424 to read as follows: |
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Sec. 822.0424. APPEAL. (a) A party to an appeal under |
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Section 822.0421(d) or a hearing under Section 822.0423 may appeal |
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the decision to a county court or county court at law in the county |
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in which the justice or municipal court is located and is entitled |
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to a jury trial on request. |
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(b) As a condition of perfecting an appeal, not later than |
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the 10th calendar day after the date the decision is issued, the |
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appellant must file a notice of appeal and, if applicable, an appeal |
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bond in the amount determined by the court from which the appeal is |
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taken. |
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(c) Notwithstanding Section 30.00014, Government Code, or |
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any other law, a person filing an appeal from a municipal court |
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under Subsection (a) is not required to file a motion for a new |
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trial to perfect an appeal. |
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(d) A decision of a county court or county court at law under |
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this section may be appealed in the same manner as an appeal for any |
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other case in a county court or county court at law. |
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(e) Notwithstanding any other law, a county court or a |
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county court at law has jurisdiction to hear an appeal filed under |
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this section. |
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SECTION 5. The change in law made by this Act applies only |
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to a determination, decision, or hearing under Section 822.0421 or |
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822.0423, Health and Safety Code, as amended by this Act, or Section |
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822.0424, Health and Safety Code, as added by this Act, that occurs |
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on or after the effective date of this Act. A determination, |
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decision, or hearing that occurs before the effective date of this |
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Act is governed by the law in effect on the date the determination, |
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decision, or hearing occurred, and the former law is continued in |
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effect for that purpose. |
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SECTION 6. This Act takes effect September 1, 2015. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1436 was passed by the House on May 8, |
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2015, by the following vote: Yeas 134, Nays 8, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1436 was passed by the Senate on May |
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22, 2015, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |