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A BILL TO BE ENTITLED
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AN ACT
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relating to attorney's fees associated with certain court |
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proceedings for cruelly treated animals; authorizing fees and |
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costs. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 821.023(e), Health and Safety Code, is |
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amended to read as follows: |
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(e) After a court finds that an animal's owner has cruelly |
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treated the animal, the court: |
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(1) shall order the owner to pay all court costs, |
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including: |
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(A) [(1)] the administrative costs of: |
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(i) [(A)] investigation; |
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(ii) [(B)] expert witnesses; and |
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(iii) [(C)] conducting any public sale |
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ordered by the court; and |
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(B) [(2)] the costs incurred by a municipal or |
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county animal shelter or a nonprofit animal welfare organization |
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in: |
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(i) [(A)] housing and caring for the animal |
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during its impoundment; and |
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(ii) [(B)] humanely destroying the animal |
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if destruction is ordered by the court; and |
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(2) in a county or municipality with a population of at |
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least 700,000, may order the owner to pay the county's or |
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municipality's reasonable attorney's fees. |
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SECTION 2. Section 821.025, Health and Safety Code, is |
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amended by adding Subsection (i) to read as follows: |
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(i) In a county or municipality with a population of at |
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least 700,000, a county court or county court at law that issues a |
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decision in an appeal under this section finding that an animal's |
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owner has cruelly treated the animal may order the owner to pay the |
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county's or municipality's reasonable attorney's fees. |
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SECTION 3. Section 103.0214, Government Code, is amended to |
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read as follows: |
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Sec. 103.0214. ADDITIONAL FEES AND COSTS IN CRIMINAL OR |
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CIVIL CASES: HEALTH AND SAFETY CODE. An accused or defendant, or a |
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party to a civil suit, as applicable, shall pay the following fees |
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and costs under the Health and Safety Code if ordered by the court |
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or otherwise required: |
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(1) a fee to defray the cost of notifying state |
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agencies of orders of expungement (Sec. 161.255, Health and Safety |
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Code) . . . $30 per application; and |
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(2) on a finding that an animal's owner has cruelly |
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treated the animal, court costs including: |
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(A) investigation (Sec. 821.023, Health and |
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Safety Code) . . . actual costs; |
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(B) expert witnesses (Sec. 821.023, Health and |
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Safety Code) . . . actual costs; |
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(C) housing and caring for the animal during its |
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impoundment (Sec. 821.023, Health and Safety Code) . . . actual |
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costs; |
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(D) conducting any public sale ordered by the |
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court (Sec. 821.023, Health and Safety Code) . . . actual costs; |
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[and] |
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(E) humanely destroying the animal if |
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destruction is ordered by the court (Sec. 821.023, Health and |
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Safety Code) . . . actual costs; and |
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(F) reasonable attorney's fees (Secs. 821.023 |
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and 821.025, Health and Safety Code) . . . actual costs. |
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SECTION 4. The change in law made by this Act applies only |
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to a proceeding commenced under Section 821.023 or 821.025, Health |
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and Safety Code, on or after the effective date of this Act. A |
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proceeding commenced before the effective date of this Act is |
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governed by the law as it existed at the time the proceeding was |
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commenced, and the former law is continued in effect for that |
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purpose. |
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SECTION 5. This Act takes effect September 1, 2019. |