BILL ANALYSIS

 

 

                                                                                                                                    C.S.H.B. 3930

                                                                                                                                          By: Homer

                                                                                                                                              Judiciary

                                                                                                        Committee Report (Substituted)

 

 

 

BACKGROUND AND PURPOSE

 

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. The purpose of this bill is to remove these restriction on appeals.

 

RULEMAKING AUTHORITY

 

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. 

 

ANALYSIS

 

The bill would amend Section 821.025(a), Health and Safety Code, by repealing the final 2 sentences thereof. The effect of this repeal would be that all orders regarding sale by public auction, giving an animal to a nonprofit animal shelter or society for the protection of animals or humanely destroying an animal would be subject to appeal.

 

EFFECTIVE DATE

 

September 1, 2007.

 

COMPARISON OF ORIGINAL TO SUBSTITUTE

 

The substitute changes the original bill by putting it in the Legislative Council form and by adding language in Section 1 of the bill stating that the appeal bond is to be determined by the court from which the appeal is taken and deleting language limiting such appeal bond determination to the justice or municipal court.