|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to appeals regarding dangerous dogs. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Section 822.0421, Health and Safety Code, is |
|
amended by amending Subsection (b) and adding Subsection (c) to |
|
read as follows: |
|
(b) Notwithstanding any other law, including a municipal |
|
ordinance, an [An] owner, not later than the 15th day after the date |
|
the owner is notified that a dog owned by the owner is a dangerous |
|
dog, may appeal the determination of the animal control authority |
|
to a justice, county, or municipal court of competent jurisdiction |
|
and is entitled to a jury trial on request. |
|
(c) An owner may appeal the decision of the justice[,
|
|
county,] or municipal court under Subsection (b) in the [same] |
|
manner described by Section 822.0424 [as appeal for other cases
|
|
from the justice, county, or municipal court]. |
|
SECTION 2. Section 822.0423, Health and Safety Code, is |
|
amended by adding Subsection (c-1) and amending Subsection (d) to |
|
read as follows: |
|
(c-1) The court shall determine the estimated costs to house |
|
and care for the impounded animal during the appeal process and |
|
shall set the amount of bond for an appeal adequate to cover those |
|
estimated costs. |
|
(d) An owner or person filing the action may appeal the |
|
decision of the municipal or [court,] justice court[, or county
|
|
court] in the manner described by Section 822.0424 [provided for
|
|
the appeal of cases from the municipal, justice, or county court]. |
|
SECTION 3. Subchapter D, Chapter 822, Health and Safety |
|
Code, is amended by adding Section 822.0424 to read as follows: |
|
Sec. 822.0424. APPEAL. (a) A party to an appeal under |
|
Section 822.0421(c) or a hearing under Section 822.0423 may appeal |
|
the decision to a county court or county court at law in the county |
|
in which the justice or municipal court is located. |
|
(b) As a condition of perfecting an appeal, not later than |
|
the 10th calendar day after the date the decision is issued, the |
|
appellant must file a notice of appeal and, if applicable, an appeal |
|
bond in the amount determined by the court from which the appeal is |
|
taken. |
|
(c) Notwithstanding any other law, a county court or a |
|
county court at law has jurisdiction to hear an appeal filed under |
|
this section. |
|
SECTION 4. The change in law made by this Act applies only |
|
to a determination, decision, or hearing under Section 822.0421 or |
|
822.0423, Health and Safety Code, as amended by this Act, or Section |
|
822.0424, Health and Safety Code, as added by this Act, that occurs |
|
on or after the effective date of this Act. A determination, |
|
decision, or hearing that occurs before the effective date of this |
|
Act is covered by the law in effect when the determination, |
|
decision, or hearing occurred, and the former law is continued in |
|
effect for that purpose. |
|
SECTION 5. This Act takes effect September 1, 2013. |