SRC-ARR S.B. 221 76(R)BILL ANALYSIS


Senate Research CenterS.B. 221
By: Lindsay
Intergovernmental Relations
8/9/1999
Enrolled


DIGEST 

Currently, Texas law requires the owner of a dangerous dog to pay any cost
or fee assessed by the municipality or county related to the "seizure,
impoundment, and destruction of the dog." One trial court has interpreted
this to not allow cost or fees for impoundment when an owner voluntarily
surrenders the dog. S.B. 221 removes the perceived limitation that a
municipality or county can only assess costs or fees for impoundment or
destruction of dangerous dogs that are seized. 

PURPOSE

As enrolled, S.B. 221 relates to the assessment of costs or fees by a
county or municipality related to the seizure, acceptance, impoundment, or
destruction of a dangerous dog. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 822.042(d), Health and Safety Code, to require
the owner, a person who owns or has control of the dog, to pay any fee
assessed by a  municipality or county related to the seizure, impoundment,
or destruction of the dog. Authorizes the governing body of the
municipality or county to prescribe the amount of the fees. 

SECTION 2. Amends Section 822.0422, Health and Safety Code, by amending
Subsections (b) and (c) and adding Subsections (d), (e), and (f), to
authorize the animal control authority to provide for the impoundment of
the dog in secure and humane conditions until the court orders the
disposition of the dog. Authorizes the court to order the animal control
authority to continue to impound the dangerous  dog in secure and humane
conditions until the court orders disposition of the dog under Section
822.042 and the dog is returned to the owner or destroyed, after
determining that the dog is a dangerous dog. Requires the owner to pay a
cost or fee assessed under Section 822.042(d). 

SECTION 3. Emergency clause.
                      Effective date: upon passage.