BILL ANALYSIS

 

 

Senate Research Center

S.B. 2283

 

By: Perry

 

Agriculture, Water & Rural Affairs

 

6/14/2017

 

Enrolled

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Current law delegates a city's "dangerous dog" animal control authority to the county sheriff when a city does not have an animal control officer. Many stakeholders believe when a city has a police department, but not a designated animal control officer, that the dangerous dog animal control authority should be with the city and not the county.

 

S.B. 2283 changes current statute for Cottle County by placing dangerous dog animal control authority within the jurisdiction of the City of Paducah. This would only apply while the city maintains a police department. 

 

S.B. 2283 amends current law relating to the regulation of dangerous dogs and dogs that attack persons in certain municipalities.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends Subchapter A, Chapter 822, Health and Safety Code, by adding Section 822.0012, as follows:

 

Sec. 822.0012. ANIMAL CONTROL AUTHORITY IN CERTAIN MUNICIPALITIES. (a) Provides that this section applies only to an incorporated municipality that has a population of more than 1,000 and that is the county seat of a county with a population of less than 1,600.

 

(b) Provides that, notwithstanding the definition in Section 822.001(1) (relating to the definition of "animal control authority"), for purposes of this subchapter (General Provisions; Dogs That Attack Persons or Are a Danger to Persons) the police department of a municipality described by Subsection (a) is the animal control authority for the municipality in all areas in which a dog is kept and that are subject to the authority of the police department.

 

SECTION 2. Amends Subchapter D, Chapter 822, Health and Safety Code, by adding Section 822.0411, as follows:

 

Sec. 822.0411. ANIMAL CONTROL AUTHORITY IN CERTAIN MUNICIPALITIES. (a) Provides that this section applies only to an incorporated municipality that has a population of more than 1,000 and that is the county seat of a county with a population of less than 1,600.

 

(b) Provides that, notwithstanding the definition in Section 822.041(1) (relating to the definition of "animal control authority"), for purposes of this subchapter (Dangerous Dogs) the police department of a municipality described by Subsection (a) is the animal control authority for the municipality in all areas in which a dog is kept and that are subject to the authority of the police department.

 

SECTION 3. Effective date: September 1, 2017.