By Lindsay                                             S.B. No. 221
         Substitute the following for S.B. No. 221:
         By Lewis of Tarrant                                C.S.S.B. No. 221
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the assessment of costs or fees by a county or
 1-3     municipality related to the seizure, acceptance, impoundment, or
 1-4     destruction of a dangerous dog.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Section 822.042(d), Health and Safety Code, is
 1-7     amended to read as follows:
 1-8           (d)  The owner shall pay any cost or fee assessed by the
 1-9     municipality or county related to the seizure, acceptance,
1-10     impoundment, or [and] destruction of the dog.  The governing body
1-11     of the municipality or county may prescribe the amount of the fees.
1-12           SECTION 2.  Section 822.0422, Health and Safety Code is
1-13     amended by amending Subsections (b) and (c) and adding Subsections
1-14     (d), (e), and (f) to read as follows:
1-15           (b)  A person may report an incident described by Section
1-16     822.041(2) to a municipal court, a justice court, or a county
1-17     court.  The owner of the dog shall deliver the dog to the animal
1-18     control authority not later than the fifth day after the date on
1-19     which the owner receives notice that the report has been filed.
1-20     The authority may provide for the impoundment of the dog in secure
1-21     and humane conditions until the court orders the disposition of the
1-22     dog.
1-23           (c)  If the owner fails to deliver the dog as required by
1-24     Subsection (b), the court shall order the animal control authority
 2-1     to seize the dog and shall issue a warrant authorizing the seizure.
 2-2     The authority shall seize the dog or order its seizure and shall
 2-3     provide for the impoundment of the dog in secure and humane
 2-4     conditions until the court orders the disposition of 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.