By: Homer, Cook of Colorado, Flynn, Anderson H.B. No. 3930

Substitute the following for H.B. No. 3930:

By: Homer C.S.H.B. No. 3930

A BILL TO BE ENTITLED

AN ACT

relating to the appeals process in the disposition of cruelly treated animals.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 821.025(a), Health and Safety Code, is amended to read as follows:

(a) An owner of an animal ordered sold at public auction as provided in this subchapter may appeal the order to a county court or county court at law in the county in which the justice or municipal court is located. As a condition of perfecting an appeal, the owner must file an appeal bond in an amount determined by the court from which the appeal is taken [justice or municipal court] to be adequate to cover the estimated expenses incurred in housing and caring for the impounded animal during the appeal process. [The decision of the county court or county court at law may not be further appealed. An owner may not appeal an order:

[(1) to give the animal to a nonprofit animal shelter, pound, or society for the protection of animals; or

[(2)to humanely destroy the animal.]

SECTION 2. The change in law made by this Act applies only to an appeal of a court order made on or after the effective date of this Act. An appeal of a court order made before the effective date of this Act is covered by the law in effect when the appeal was made, and the former law is continued in effect for that purpose.

SECTION 3. This Act takes effect September 1, 2007.