84R14360 KKR-F

By: Farrar H.B. No. 234

Substitute the following for H.B. No. 234:

By: Farrar C.S.H.B. No. 234

A BILL TO BE ENTITLED

AN ACT

relating to certain costs associated with court proceedings for cruelly treated animals; authorizing fees and costs.

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

SECTION 1. Section 821.023(e), Health and Safety Code, is amended to read as follows:

(e) After a court finds that an animal's owner has cruelly treated the animal, the court may order the owner to pay the county's or municipality's reasonable attorney's fees, and shall order the owner to pay all court costs, including:

(1) the administrative costs of:

(A) investigation;

(B) expert witnesses; and

(C) conducting any public sale ordered by the court; and

(2) the costs incurred by a municipal or county animal shelter or a nonprofit animal welfare organization in:

(A) housing and caring for the animal during its impoundment; and

(B) humanely destroying the animal if destruction is ordered by the court.

SECTION 2. Section 821.025, Health and Safety Code, is amended by adding Subsection (i) to read as follows:

(i) After a county court or county court at law finds that an animal's owner has cruelly treated the animal, the court may order the owner to pay the county's or municipality's reasonable attorney's fees and court costs, including the costs of investigation and expert witnesses.

SECTION 3. Section 103.0214, Government Code, is amended to read as follows:

Sec. 103.0214. ADDITIONAL FEES AND COSTS IN CRIMINAL OR CIVIL CASES: HEALTH AND SAFETY CODE. An accused or defendant, or a party to a civil suit, as applicable, shall pay the following fees and costs under the Health and Safety Code if ordered by the court or otherwise required:

(1) a fee to defray the cost of notifying state agencies of orders of expungement (Sec. 161.255, Health and Safety Code) . . . $30 per application; and

(2) on a finding that an animal's owner has cruelly treated the animal, court costs including:

(A) investigation (Secs. [Sec.] 821.023 and 821.025, Health and Safety Code) . . . actual costs;

(B) expert witnesses (Secs. [Sec.] 821.023 and 821.025, Health and Safety Code) . . . actual costs;

(C) housing and caring for the animal during its impoundment (Sec. 821.023, Health and Safety Code) . . . actual costs;

(D) conducting any public sale ordered by the court (Sec. 821.023, Health and Safety Code) . . . actual costs; [and]

(E) humanely destroying the animal if destruction is ordered by the court (Sec. 821.023, Health and Safety Code) . . . actual costs; and

(F) reasonable attorney's fees (Secs. 821.023 and 821.025, Health and Safety Code) . . . actual costs.

SECTION 4. The change in law made by this Act applies only to a proceeding commenced under Section 821.023 or 821.025, Health and Safety Code, on or after the effective date of this Act. A proceeding commenced before the effective date of this Act is governed by the law as it existed at the time the proceeding was commenced, and the former law is continued in effect for that purpose.

SECTION 5. This Act takes effect September 1, 2015.