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A BILL TO BE ENTITLED
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AN ACT
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relating to appeals regarding dangerous dogs. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 822.0421(b), Health and Safety Code, is |
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amended to read as follows: |
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(b) An owner, not later than the 15th day after the date the |
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owner is notified that a dog owned by the owner is a dangerous dog, |
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may appeal the determination of the animal control authority to a |
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justice, county, or municipal court of competent jurisdiction and |
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is entitled to a jury trial upon request. An owner may appeal the |
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decision of the justice, county, or municipal court in the [same] |
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manner described by Section 822.0424 [as appeal for other cases
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from the justice, county, or municipal court]. |
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SECTION 2. Section 822.0423, Health and Safety Code, is |
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amended by adding Subsection (c-1) and amending Subsection (d) to |
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read as follows: |
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(c-1) The court shall determine the estimated costs to house |
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and care for the impounded animal during the appeal process and |
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shall set the amount of bond for an appeal adequate to cover those |
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estimated costs. |
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(d) An owner or person filing the action may appeal the |
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decision of the municipal court, justice court, or county court in |
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the manner described by Section 822.0424 [provided for the appeal
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of cases from the municipal, justice, or county court]. |
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SECTION 3. Subchapter D, Chapter 822, Health and Safety |
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Code, is amended by adding Section 822.0424 to read as follows: |
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Sec. 822.0424. APPEAL. (a) A party to an appeal of an |
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animal control authority determination under Section 822.0421 or a |
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hearing under Section 822.0423 may appeal the order to a county |
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court or county court at law in the county in which the justice or |
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municipal court is located. |
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(b) As a condition of perfecting an appeal, not later than |
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the 10th calendar day after the date the order is issued, the |
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appellant must file a notice of appeal and, if applicable, an appeal |
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bond in the amount determined by the court from which the appeal is |
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taken. |
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(c) Notwithstanding any other law, a county court or a |
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county court at law has jurisdiction to hear an appeal filed under |
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this section. |
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SECTION 4. The change in law made by this Act applies only |
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to a determination or hearing under Section 822.0421 or 822.0423, |
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Health and Safety Code, as amended by this Act, or Section 822.0424, |
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Health and Safety Code, as added by this Act, that occurs on or |
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after the effective date of this Act. A determination or hearing |
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that occurs before the effective date of this Act is covered by the |
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law in effect when the determination or hearing occurred, and the |
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former law is continued in effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2011. |