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A BILL TO BE ENTITLED
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AN ACT
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relating to appeals regarding cruelly treated animals. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 821.021, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 821.021. DEFINITIONS [DEFINITION]. In this |
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subchapter: |
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(1) "Cruelly [, "cruelly] treated" includes tortured, |
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seriously overworked, unreasonably abandoned, unreasonably |
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deprived of necessary food, care, or shelter, cruelly confined, or |
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caused to fight with another animal. |
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(2) "Magistrate" means any officer as defined in |
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Article 2.09, Code of Criminal Procedure, except that the term does |
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not include justices of the supreme court, judges of the court of |
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criminal appeals or courts of appeals, judges or associate judges |
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of statutory probate courts, or judges or associate judges of |
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district courts that give preference to family law matters or |
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family district courts under Subchapter D, Chapter 24, Government |
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Code. |
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(3) "Seize in place" means to allow an animal subject |
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to a warrant for seizure under this subchapter to remain with the |
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owner in lieu of impoundment, but to prohibit the owner from moving |
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or disposing of the animal. |
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SECTION 2. Section 821.022, Health and Safety Code, is |
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amended by amending Subsections (a) and (c) and adding Subsection |
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(d) to read as follows: |
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(a) If a peace officer or an officer who has responsibility |
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for animal control in a county or municipality has reason to believe |
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that an animal has been or is being cruelly treated, the officer may |
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apply to a justice court or magistrate in the county or to a |
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municipal court in the municipality in which the animal is located |
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for a warrant to seize the animal or seize the animal in place. |
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(c) The officer executing the warrant shall cause the animal |
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to be impounded or seized in place and shall give written notice to |
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the owner of the animal of the time and place of the hearing. |
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(d) An owner is entitled, on request, to a trial by jury in a |
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justice or municipal court in lieu of a hearing. |
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SECTION 3. The heading to Section 821.023, Health and |
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Safety Code, is amended to read as follows: |
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Sec. 821.023. HEARING OR TRIAL; ORDER OF DISPOSITION OR |
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RETURN OF ANIMAL. |
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SECTION 4. Sections 821.023(a), (b), (c), (d), (e), and |
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(g), Health and Safety Code, are amended to read as follows: |
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(a) A finding in a court of competent jurisdiction that the |
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owner of an animal is guilty of an offense under Section 42.09 or |
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42.092, Penal Code, involving the animal is prima facie evidence at |
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a hearing or trial authorized by Section 821.022 that the animal has |
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been cruelly treated. |
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(b) A statement of an owner made at a hearing or trial |
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provided for under this subchapter is not admissible in a trial of |
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the owner for an offense under Section 42.09 or 42.092, Penal Code. |
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(c) Each interested party is entitled to an opportunity to |
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present evidence at the hearing or trial. |
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(d) If the trier of fact [court] finds that the animal's |
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owner has cruelly treated the animal, the owner shall be divested of |
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ownership of the animal, and the court shall: |
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(1) order a public sale of the animal by auction; |
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(2) order the animal given to a nonprofit animal |
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shelter, pound, or society for the protection of animals; or |
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(3) order the animal humanely destroyed if the court |
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decides that the best interests of the animal or that the public |
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health and safety would be served by doing so. |
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(e) If the trier of fact [A court that] finds that an |
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animal's owner has cruelly treated the animal the court shall order |
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the owner to pay all court costs, including costs of: |
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(1) investigation; |
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(2) expert witnesses; |
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(3) housing and caring for the animal during its |
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impoundment; |
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(4) conducting any public sale ordered by the court; |
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and |
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(5) humanely destroying the animal if destruction is |
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ordered by the court. |
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(g) The court shall order the animal returned to the owner |
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if the trier of fact [court] does not find that the animal's owner |
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has cruelly treated the animal. |
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SECTION 5. Section 821.025, Health and Safety Code, is |
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amended by amending Subsection (a) and adding Subsections (c) and |
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(d) to read as follows: |
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(a) An owner divested of ownership of an animal under |
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Section 821.023 may appeal the order to a county court or county |
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court at law in the county in which the justice or municipal court |
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is located. 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 owner |
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must file a notice of appeal and an appeal bond in an amount |
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determined by the court from which the appeal is taken to be the |
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approximate actual cost anticipated to be [adequate to cover the
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estimated expenses] incurred in housing and caring for the |
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impounded animal during the appeal process. Not later than the |
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10th [fifth] calendar day after the date the notice of appeal and |
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appeal bond is filed, [the court from which the appeal is taken
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shall deliver a copy of the court's transcript to the county court
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or county court at law to which the appeal is made.
Not later than
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the 10th calendar day after the date] the county court or county |
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court at law, as appropriate, [receives the transcript, the court] |
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shall consider the matter de novo [dispose of the appeal]. The |
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decision of the county court or county court at law under this |
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section is final and may not be further appealed. |
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(c) Notwithstanding Section 30.00014, Government Code, or |
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any other law, a person filing an appeal from a municipal court |
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under Subsection (a) is not required to file a motion for a new |
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trial to perfect an appeal. |
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(d) 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 6. Section 821.0211, Health and Safety Code, is |
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repealed. |
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SECTION 7. (a) The change in law made by this Act to Section |
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821.022, Health and Safety Code, applies only to a warrant for |
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seizure of an animal issued on or after the effective date of this |
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Act. A warrant for seizure of an animal issued before the effective |
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date of this Act is covered by the law in effect when the warrant was |
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issued, and the former law is continued in effect for that purpose. |
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(b) The change in law made by this Act to Section 821.025, |
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Health and Safety Code, applies only to a request for an appeal made |
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on or after the effective date of this Act. A request for an appeal |
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made before the effective date of this Act is covered by the law in |
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effect when the appeal was made, and the former law is continued in |
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effect for that purpose. |
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SECTION 8. This Act takes effect September 1, 2011. |