AN ACT
1-1 relating to the assessment of costs or fees by a county or
1-2 municipality related to the seizure, acceptance, impoundment, or
1-3 destruction of a dangerous dog.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subsection (d), Section 822.042, Health and
1-6 Safety Code, is amended to read as follows:
1-7 (d) The owner shall pay any cost or fee assessed by the
1-8 municipality or county related to the seizure, acceptance,
1-9 impoundment, or [and] destruction of the dog. The governing body
1-10 of the municipality or county may prescribe the amount of the fees.
1-11 SECTION 2. Section 822.0422, Health and Safety Code, is
1-12 amended by amending Subsections (b) and (c) and adding Subsections
1-13 (d), (e), and (f) to read as follows:
1-14 (b) A person may report an incident described by Section
1-15 822.041(2) to a municipal court, a justice court, or a county
1-16 court. The owner of the dog shall deliver the dog to the animal
1-17 control authority not later than the fifth day after the date on
1-18 which the owner receives notice that the report has been filed.
1-19 The authority may provide for the impoundment of the dog in secure
1-20 and humane conditions until the court orders the disposition of the
1-21 dog.
1-22 (c) If the owner fails to deliver the dog as required by
1-23 Subsection (b), the court shall order the animal control authority
1-24 to seize the dog and shall issue a warrant authorizing the seizure.
2-1 The authority shall seize the dog or order its seizure and shall
2-2 provide for the impoundment of the dog in secure and humane
2-3 conditions until the court orders the disposition of the dog. The
2-4 owner shall pay any cost incurred in seizing the dog.
2-5 (d) The court shall determine, after notice and hearing as
2-6 provided in Section 822.0423, whether the dog is a dangerous dog.
2-7 (e) The court, after determining that the dog is a dangerous
2-8 dog, may order the animal control authority to continue to impound
2-9 the dangerous dog in secure and humane conditions until the court
2-10 orders disposition of the dog under Section 822.042 and the dog is
2-11 returned to the owner or destroyed.
2-12 (f) The owner shall pay a cost or fee assessed under Section
2-13 822.042(d).
2-14 SECTION 3. The importance of this legislation and the
2-15 crowded condition of the calendars in both houses create an
2-16 emergency and an imperative public necessity that the
2-17 constitutional rule requiring bills to be read on three several
2-18 days in each house be suspended, and this rule is hereby suspended,
2-19 and that this Act take effect and be in force from and after its
2-20 passage, and it is so enacted.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 221 passed the Senate on
March 2, 1999, by the following vote: Yeas 31, Nays 0; and that
the Senate concurred in House amendment on April 30, 1999, by the
following vote: Yeas 29, Nays 0.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 221 passed the House, with
amendment, on April 23, 1999, by the following vote: Yeas 141,
Nays 0, two present not voting.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor