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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 seize and impound a dangerous or aggressive |
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dog in 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 in the |
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municipality's extraterritorial jurisdiction may seize and impound |
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a dangerous or aggressive dog until a court orders its disposition |
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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) a dangerous or aggressive dog has repeatedly |
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attacked humans, domestic animals, or livestock within the |
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extraterritorial jurisdiction; and |
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(B) due to the presence of a dangerous or |
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aggressive dog, the extraterritorial jurisdiction is an unsafe |
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environment for humans, domestic animals, or livestock; and |
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(2) 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 seizure or impoundment of dangerous 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, 2025. |