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A BILL TO BE ENTITLED
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AN ACT
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relating to a notarized affidavit requesting a municipal animal |
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control authority to manage dangerous dogs and aggressive dogs in |
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the municipality's extraterritorial jurisdiction. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 822, Health and Safety |
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Code, is amended by adding Section 822.008 to read as follows: |
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Sec. 822.008. NOTARIZED AFFIDAVIT REQUESTING MUNICIPAL |
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ANIMAL CONTROL AUTHORITY TO OPERATE IN EXTRATERRITORIAL |
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JURISDICTION. (a) In this section, "aggressive dog" means a dog |
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that makes an unprovoked attack on a domestic animal or livestock |
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that: |
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(1) causes bodily injury to the animal or livestock; |
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and |
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(2) occurs in a place other than an enclosure: |
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(A) in which the dog was being kept; and |
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(B) that is reasonably secured to prevent the dog |
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from leaving the enclosure. |
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(b) A municipal animal control authority may impound and |
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manage dangerous dogs and aggressive dogs in the municipality's |
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extraterritorial jurisdiction if: |
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(1) the authority receives a notarized affidavit |
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signed by at least two residents from different households in the |
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extraterritorial jurisdiction requesting assistance from the |
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authority and alleging that: |
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(A) dangerous dogs or aggressive dogs have |
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repeatedly attacked humans, domestic animals, or livestock within |
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the extraterritorial jurisdiction; and |
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(B) due to the presence of dangerous dogs or |
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aggressive dogs, the extraterritorial jurisdiction is an unsafe |
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environment for humans, domestic animals, or livestock; |
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(2) the authority receives or discovers evidence |
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corroborating the affidavit received under Subdivision (1); and |
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(3) in the extraterritorial jurisdiction: |
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(A) no animal control authority is authorized to |
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operate; or |
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(B) the operating animal control authority does |
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not provide for the impoundment or management of dangerous dogs or |
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aggressive dogs. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2021. |