By Danburg H.B. No. 1000
74R4695 KLL-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the disposition of cruelly treated animals.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 821.022, Health and Safety Code, is
1-5 amended to read as follows:
1-6 Sec. 821.022. Seizure of Cruelly Treated Animal. (a) If a
1-7 peace officer <county sheriff, constable, or deputy constable> or
1-8 an official <officer> who has responsibility for animal control in
1-9 a municipality or county has reason to believe that an animal has
1-10 been or is being cruelly treated, the peace officer or official
1-11 <he> may apply to a justice court in the county or to a municipal
1-12 court in the municipality in which the animal is located for a
1-13 warrant to seize the animal.
1-14 (b) On a showing of probable cause to believe that the
1-15 animal has been or is being cruelly treated, the court shall issue
1-16 the warrant and set a time within 10 days of the date of issuance
1-17 for a hearing in the court to determine whether the animal has been
1-18 cruelly treated.
1-19 (c) The officer executing the warrant shall cause the animal
1-20 to be impounded and shall give written notice <to the owner of the
1-21 animal> of the time and place of the hearing to the owner of the
1-22 animal or to the person in control or possession of the location
1-23 from which the animal is taken. If a person is not at that
1-24 location when the animal is taken, the notice shall be posted in
2-1 plain view at the location from which the animal is taken.
2-2 SECTION 2. Section 821.025, Health and Safety Code, is
2-3 amended to read as follows:
2-4 Sec. 821.025. Appeal. (a) An owner of an animal subject to
2-5 an order under Section 821.023(d) or (e) <ordered sold at public
2-6 auction as provided in this subchapter> may appeal the order,
2-7 subject to the limitations provided by this section.
2-8 (b) While an appeal under this section is pending, the
2-9 animal may not be sold<, destroyed,> or given away as provided by
2-10 Sections 821.022-821.024. An animal may be destroyed on the
2-11 determination by a veterinarian licensed in this state that the
2-12 animal's condition is deteriorating and on the veterinarian's
2-13 recommendation that the animal be euthanized to prevent additional
2-14 suffering.
2-15 (c) Not later than the 25th day after the date an order
2-16 under Section 821.023 is issued, the owner must perfect an appeal
2-17 under this section and file a motion with the court to schedule a
2-18 hearing. The court shall schedule the matter for hearing as soon
2-19 as the court's docket allows. At the hearing, on a showing that
2-20 the animal has been cruelly treated, the owner shall show cause why
2-21 the animal should not be subject to an order under Section
2-22 821.023(d) or (e).
2-23 (d) If the court finds against the owner, the owner is
2-24 liable to the facility at which the animal is impounded for the
2-25 reasonable costs of impoundment from the date the owner perfected
2-26 the appeal until the date the court's order under this section is
2-27 final.
3-1 (e) Costs assessed under Subsection (d) may not exceed $10
3-2 for each animal for each day of impoundment unless it is shown at
3-3 the hearing that specific additional costs, such as veterinary
3-4 treatment, have been incurred by the impounding facility.
3-5 (f) A final judgment under this section may not be appealed.
3-6 SECTION 3. The importance of this legislation and the
3-7 crowded condition of the calendars in both houses create an
3-8 emergency and an imperative public necessity that the
3-9 constitutional rule requiring bills to be read on three several
3-10 days in each house be suspended, and this rule is hereby suspended,
3-11 and that this Act take effect and be in force from and after its
3-12 passage, and it is so enacted.