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A BILL TO BE ENTITLED
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AN ACT
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relating to the reporting method in determining that a dog is |
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dangerous. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sec. 822.0421, Health and Safety Code, is |
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amended to read as follows: |
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(a) If a person reports an incident described by Section |
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822.041(2), the animal control authority may investigate the |
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incident. If, after receiving the sworn statements of any |
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witnesses, or observing and documenting aggressive behavior by the |
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dog, the animal control authority determines the dog is a dangerous |
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dog, the animal control authority shall notify the owner in writing |
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of the determination. |
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(b) An affidavit used to secure a sworn statement from a |
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witness under 822.0421(a) shall include an option for the witness |
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to have their personal information excepted from disclosure |
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pursuant to Chapter 552.101 of the Government Code. |
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(c) Notwithstanding any other law, including a municipal |
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ordinance, an owner, not later than the 15th day after the date the |
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owner is notified that a dog owned by the owner is a dangerous dog, |
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may appeal the determination of the animal control authority to a |
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justice, county, or municipal court of competent jurisdiction. |
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(d) To file an appeal under Subsection (b), the owner must: |
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(1) file a notice of appeal of the animal control |
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authority's dangerous dog determination with the court; |
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(2) attach a copy of the determination from the animal |
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control authority; and |
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(3) serve a copy of the notice of appeal on the animal |
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control authority by mailing the notice through the United States |
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Postal Service. |
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(e) An owner may appeal the decision of the justice or |
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municipal court under Subsection (b) in the manner described by |
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Section 822.0424. |
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SECTION 2. This act takes effect September 1, 2023. |