Honorable Carol Alvarado, Chair, House Committee on Urban Affairs
FROM:
Ursula Parks, Director, Legislative Budget Board
IN RE:
HB1800 by Walle (Relating to regulation of public nuisance, aggressive, and dangerous dogs; authorizing fees and creating offenses.), As Introduced
No significant fiscal implication to the State is anticipated.
The bill would amend the Health and Safety Code relating to the regulation of public nuisance and aggressive dogs. Under the provisions of the bill, an owner of a dog that is considered to be a public nuisance or aggressive would receive notice from a court or animal control authority. The bill would require citizens to follow certain provisions if the dog is found to be aggressive or a public nuisance. An individual can appeal the determination of the classification of "aggressive" in local courts. Under the provisions of the bill, an owner of an aggressive dog would be required to register the dog with an animal control authority. The bill would permit a local entity to determine an annual registration fee for registering an aggressive dog and implant a microchip into a public nuisance, aggressive or dangerous dog if ordered by a court. The bill would permit a governing body of a local entity to exempt the local entity from the provisions of the bill if the local governing body determines that local regulation adequately provides for the abatement of certain dogs.
The bill would create a Class C offense if the person fails to comply with certain provisions of the bill. The offense would be a Class B offense if the individual had previously been convicted of similar offenses.
The Office of Court Administration reported no significant fiscal impact to the state court system is anticipated.
Local Government Impact
It is assumed that a local governmental entity would choose to implement the provisions of the bill only if sufficient funds were available or the local governmental entity would establish registration fees to adequately cover the costs of the bill; therefore, no significant fiscal impact is anticipated.
The Office of Court Administration reported there could be an indeterminate increase of hearings in local courts, however the increase is not expected to be significant.
A Class C misdemeanor is punishable by a fine of not more than $500. A Class B misdemeanor is punishable by a fine of not more than $2,000, confinement in jail for a term not to exceed 180 days, or both. Costs associated with enforcement, prosecution and confinement could likely be absorbed within existing resources. Revenue gain from fines imposed and collected is not anticipated to have a significant fiscal implication.
Source Agencies:
212 Office of Court Administration, Texas Judicial Council