87S10047 MCF-F
 
  By: Gervin-Hawkins H.B. No. 174
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to a notarized affidavit requesting a municipal animal
  control authority to manage dangerous dogs and aggressive dogs in
  the municipality's extraterritorial jurisdiction.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter A, Chapter 822, Health and Safety
  Code, is amended by adding Section 822.008 to read as follows:
         Sec. 822.008.  NOTARIZED AFFIDAVIT REQUESTING MUNICIPAL
  ANIMAL CONTROL AUTHORITY TO OPERATE IN EXTRATERRITORIAL
  JURISDICTION. (a) In this section, "aggressive dog" means a dog
  that makes an unprovoked attack on a domestic animal or livestock
  that:
               (1)  causes bodily injury to the animal or livestock;
  and 
               (2)  occurs in a place other than an enclosure:
                     (A)  in which the dog was being kept; and
                     (B)  that is reasonably secured to prevent the dog
  from leaving the enclosure.
         (b)  A municipal animal control authority may impound and
  manage dangerous dogs and aggressive dogs in the municipality's
  extraterritorial jurisdiction if:
               (1)  the authority receives a notarized affidavit
  signed by at least two residents from different households in the
  extraterritorial jurisdiction requesting assistance from the
  authority and alleging that:
                     (A)  dangerous dogs or aggressive dogs have
  repeatedly attacked humans, domestic animals, or livestock within
  the extraterritorial jurisdiction; and
                     (B)  due to the presence of dangerous dogs or
  aggressive dogs, the extraterritorial jurisdiction is an unsafe
  environment for humans, domestic animals, or livestock;
               (2)  the authority receives or discovers evidence
  corroborating the affidavit received under Subdivision (1); and
               (3)  in the extraterritorial jurisdiction:
                     (A)  no animal control authority is authorized to
  operate; or
                     (B)  the operating animal control authority does
  not provide for the impoundment or management of dangerous dogs or
  aggressive dogs.
         SECTION 2.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect on the 91st day after the last day of the
  legislative session.