| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to inspection of certain vacant properties for abandoned |
|
|
animals; providing a civil penalty. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Title 10, Health and Safety Code, is amended by |
|
|
adding Chapter 830 to read as follows: |
|
|
CHAPTER 830. ABANDONED ANIMALS |
|
|
Sec. 830.001. DEFINITIONS. In this chapter: |
|
|
(1) "Abandoned" means left without reasonable |
|
|
arrangements for the assumption of custody by another person. |
|
|
(2) "Animal" means a domesticated living creature, |
|
|
including livestock. The term does not include an uncaptured wild |
|
|
living creature. |
|
|
(3) "Landlord" means the owner, lessor, or sublessor |
|
|
of a property that is or has been leased to a residential or |
|
|
commercial tenant. |
|
|
(4) "Mortgagee" and "mortgagor" have the meanings |
|
|
assigned by Section 51.0001, Property Code. |
|
|
Sec. 830.002. INSPECTION OF VACANT PROPERTY FOR ABANDONED |
|
|
ANIMALS. (a) Not later than the third day after the date a |
|
|
landlord, owner, or mortgagee knows or should know that a property |
|
|
under the landlord's, owner's, or mortgagee's control has been |
|
|
vacated through eviction, foreclosure, termination of tenancy, |
|
|
abandonment, or other permanent removal or exclusion of a tenant or |
|
|
mortgagor from the premises, the landlord, owner, or mortgagee |
|
|
shall inspect the property for abandoned animals. |
|
|
(b) If the landlord, owner, or mortgagee encounters an |
|
|
abandoned animal on or in the property, the landlord, owner, or |
|
|
mortgagee shall immediately report the presence and condition of |
|
|
the animal to: |
|
|
(1) an animal control officer; or |
|
|
(2) a law enforcement officer. |
|
|
(c) A report under Subsection (b) does not create a |
|
|
presumption that the person making the report has committed an |
|
|
offense under Section 42.09 or 42.092, Penal Code. |
|
|
Sec. 830.003. CIVIL PENALTY. A person who violates this |
|
|
chapter is liable to the state for a civil penalty of not less than |
|
|
$100 or more than $500. |
|
|
SECTION 2. The change in law made by this Act applies only |
|
|
with respect to property vacated on or after the effective date of |
|
|
this Act. |
|
|
SECTION 3. This Act takes effect September 1, 2017. |