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.