By Lewis of Tarrant H.B. No. 2939
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the requirements for the owner of, and to the
1-3 disposition of, a dangerous dog.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 822.042, Health and Safety Code, is
1-6 amended to read as follows:
1-7 Sec. 822.042. REQUIREMENTS FOR OWNER OF DANGEROUS DOG. (a)
1-8 Not later than the 10th [30th] day after a person learns that the
1-9 person is the owner of a dangerous dog, the person shall:
1-10 (1) register the dangerous dog with the animal control
1-11 authority for the area in which the dog is kept;
1-12 (2) restrain the dangerous dog at all times on a leash
1-13 in the immediate control of a person or in a secure enclosure;
1-14 (3) obtain liability insurance coverage or show
1-15 financial responsibility in an amount of at least $100,000 to cover
1-16 damages resulting from an attack by the dangerous dog causing
1-17 bodily injury to a person and provide proof of the required
1-18 liability insurance coverage or financial responsibility to the
1-19 animal control authority for the area in which the dog is kept; and
1-20 (4) comply with any [an] applicable municipal or
1-21 county regulation, requirement, or restriction on dangerous dogs.
2-1 (b) The court, after determining in a hearing under Section
2-2 822.0423 that the dog is a dangerous dog, may:
2-3 (1) order the animal control authority to impound the
2-4 dangerous dog in secure and humane conditions until the owner of
2-5 the dangerous dog complies with Subsection (a); or
2-6 (2) if the dog has been impounded under Section
2-7 822.0422, order the animal control authority to keep the dangerous
2-8 dog impounded in secure and humane conditions until the owner of
2-9 the dangerous dog complies with Subsection (a).
2-10 (c) If the court does not impound the dog under Subsection
2-11 (b), the owner of a dangerous dog who does not comply with
2-12 Subsection (a) shall deliver the dog to the animal control
2-13 authority not later than the 10th [30th] day after the owner learns
2-14 that the dog is a dangerous dog.
2-15 (d) [(c)] If, on application of any person, a justice court,
2-16 county court, or municipal court finds, after notice and hearing as
2-17 provided by Section 822.0423, that the owner of a dangerous dog has
2-18 failed to comply with Subsection (a) or (c) and the dog was not
2-19 impounded by the animal control authority under Subsection (b), the
2-20 court shall order the animal control authority to seize the dog and
2-21 shall issue a warrant authorizing the seizure. The authority shall
2-22 seize the dog or order its seizure and shall provide for the
2-23 impoundment of the dog in secure and humane conditions.
2-24 (e) [(d)] The owner shall pay any cost or fee assessed by
2-25 the municipality or county related to the seizure, impoundment, and
3-1 destruction of the dog.
3-2 (f) [(e)] The court shall order the animal control authority
3-3 to humanely destroy the dog:
3-4 (1) if the owner has not complied with Subsection (a)
3-5 before the 11th day after the date on which the dog is seized or
3-6 delivered to the authority; or
3-7 (2) if the dog has been impounded by the animal
3-8 control authority under Subsection (b) and the owner has not
3-9 complied with Subsection (a) before the 21st day after the date the
3-10 court found the dog to be a dangerous dog and ordered its
3-11 impoundment.
3-12 (g) The court shall order the authority to return the dog to
3-13 the owner:
3-14 (1) if the owner complies with Subsection (a) before
3-15 the 11th day after the date on which the dog is seized or delivered
3-16 to the authority; or
3-17 (2) if the dog has been impounded by the animal
3-18 control authority under Subsection (b) and the owner complies with
3-19 Subsection (a) before the 21st day after the date the court found
3-20 the dog to be a dangerous dog and ordered its impoundment.
3-21 (h) [(f)] The court may order the humane destruction of a
3-22 dog if the owner of the dog has not been located:
3-23 (1) before the 12th [15th] day after the seizure and
3-24 impoundment of the dog; or
3-25 (2) before the 22nd day if the dog has been impounded
4-1 by the animal control authority under Subsection (b).
4-2 (i) [(g)] For purposes of this section, a person learns that
4-3 the person is the owner of a dangerous dog when:
4-4 (1) the owner knows of an attack described in Section
4-5 822.041(2)(A) or (B);
4-6 (2) the owner receives notice that a justice court,
4-7 county court, or municipal court has found that the dog is a
4-8 dangerous dog under Section 822.0423; or
4-9 (3) the owner is informed by the animal control
4-10 authority that the dog is a dangerous dog under Section 822.0421.
4-11 SECTION 2. This Act takes effect September 1, 1999.
4-12 SECTION 3. The importance of this legislation and the
4-13 crowded condition of the calendars in both houses create an
4-14 emergency and an imperative public necessity that the
4-15 constitutional rule requiring bills to be read on three several
4-16 days in each house be suspended, and this rule is hereby suspended.