BILL ANALYSIS

Senate Research Center                                                                                                     H.B. 3930

                                                                                                                    By: Homer et al. (Deuell)

Criminal Justice

5/21/2007

Engrossed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

Current law provides for a single level of appeal of a decision to sell an animal at public auction and prohibits the appeal of orders to give away or humanely destroy an animal.

H.B. 3930 removes this restriction on appeals.

RULEMAKING AUTHORITY

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

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 821.025(a), Health and Safety Code, as follows:

(a) Requires the owner of an animal ordered sold at public auction to file an appeal bond, as a condition of perfecting an appeal, in an amount determined by the court from which the appeal is taken, rather than by the justice or municipal court.  Deletes existing text prohibiting the decision of the county court or county court at law from being further appealed.  Deletes existing text prohibiting the owner from appealing an order to give the animal to a nonprofit animal shelter, pound, or society for the protection of animals or to humanely destroy the animal.

SECTION 2.  Makes application of this Act prospective.

SECTION 3.  Effective date: September 1, 2007.