| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to animal shelter standards; providing a civil penalty. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Chapter 823, Health and Safety Code, is amended |
|
|
by adding Sections 823.008 and 823.009 to read as follows: |
|
|
Sec. 823.008. ENFORCEMENT BY COUNTY. (a) A county may |
|
|
enforce this chapter. |
|
|
(b) This section does not authorize a county to establish |
|
|
standards for operating an animal shelter. |
|
|
Sec. 823.009. CIVIL PENALTY. (a) A person may not cause, |
|
|
suffer, allow, or permit a violation of this chapter or a rule |
|
|
adopted under this chapter. |
|
|
(b) A person who violates this chapter or a rule adopted |
|
|
under this chapter shall be assessed a civil penalty. A civil |
|
|
penalty under this chapter may not be less than $100 or more than |
|
|
$500 for each violation and for each day of a continuing violation. |
|
|
(c) If it appears that a person has violated, is violating, |
|
|
or is threatening to violate this chapter or a rule adopted under |
|
|
this chapter, the department or the county or municipality in which |
|
|
the violation occurs may institute a civil suit in district court |
|
|
for: |
|
|
(1) injunctive relief to restrain the person from |
|
|
continuing the violation or threat of violation; |
|
|
(2) the assessment and recovery of the civil penalty; |
|
|
or |
|
|
(3) both injunctive relief and the civil penalty. |
|
|
(d) A bond is not required in an action brought under this |
|
|
section. |
|
|
(e) If the department or a county or municipality prevails |
|
|
in a suit brought under this section, the department or the county |
|
|
or municipality is entitled to the award of reasonable costs of |
|
|
investigation, reasonable attorney's fees, and costs of court. |
|
|
SECTION 2. The change in law made by this Act applies only |
|
|
to conduct that occurs on or after the effective date of this Act. |
|
|
Conduct that occurs before the effective date of this Act is |
|
|
governed by the law in effect at the time the conduct occurred, and |
|
|
the former law is continued in effect for that purpose. |
|
|
SECTION 3. This Act takes effect immediately if it receives |
|
|
a vote of two-thirds of all the members elected to each house, as |
|
|
provided by Section 39, Article III, Texas Constitution. If this |
|
|
Act does not receive the vote necessary for immediate effect, this |
|
|
Act takes effect September 1, 2009. |