| |
| |
| |
|
|
AN ACT
|
|
|
relating to the appeal of certain orders regarding dangerous dogs. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 822.042, Health and Safety Code, is |
|
|
amended by amending Subsection (e) and adding Subsection (e-1) to |
|
|
read as follows: |
|
|
(e) Subject to Subsection (e-1), the [The] court shall order |
|
|
the animal control authority to humanely destroy the dog if the |
|
|
owner has not complied with Subsection (a) before the 11th day after |
|
|
the date on which the dog is seized or delivered to the authority[, |
|
|
except that, notwithstanding any other law or local regulation, the |
|
|
court may not order the destruction of a dog during the pendency of |
|
|
an appeal under Section 822.0424]. The court shall order the |
|
|
authority to return the dog to the owner if the owner complies with |
|
|
Subsection (a) before the 11th day after the date on which the dog |
|
|
is seized or delivered to the authority. |
|
|
(e-1) Notwithstanding any other law or local regulation: |
|
|
(1) any order to destroy a dog is stayed for a period |
|
|
of 10 calendar days from the date the order is issued, during which |
|
|
period the dog's owner may file a notice of appeal; and |
|
|
(2) a court, including a justice court, may not order |
|
|
the destruction of a dog during the pendency of an appeal under |
|
|
Section 822.0424. |
|
|
SECTION 2. The change in law made by this Act applies only |
|
|
to an order issued by a court on or after the effective date of this |
|
|
Act. An order issued before the effective date of this Act is |
|
|
governed by the law in effect on the date the order was issued and |
|
|
the former law is continued in effect for that purpose. |
|
|
SECTION 3. This Act takes effect September 1, 2021. |
| |
| |
| |
______________________________ |
______________________________ |
| |
President of the Senate |
Speaker of the House |
| |
| |
|
|
I certify that H.B. No. 3340 was passed by the House on May |
|
|
14, 2021, by the following vote: Yeas 144, Nays 1, 2 present, not |
|
|
voting. |
|
|
|
|
|
______________________________ |
|
|
Chief Clerk of the House |
| |
| |
|
|
I certify that H.B. No. 3340 was passed by the Senate on May |
|
|
24, 2021, by the following vote: Yeas 30, Nays 0. |
|
|
|
|
|
______________________________ |
|
|
Secretary of the Senate |
|
|
APPROVED: _____________________ |
|
|
Date |
|
|
|
|
|
_____________________ |
|
|
Governor |