| 1 | 1 | | 81R5693 JSC-D |
|---|
| 2 | 2 | | By: Homer H.B. No. 1046 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to the appeals process in the disposition of cruelly |
|---|
| 8 | 8 | | treated animals. |
|---|
| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. Section 821.025(a), Health and Safety Code, is |
|---|
| 11 | 11 | | amended to read as follows: |
|---|
| 12 | 12 | | (a) An owner divested of ownership of an animal under |
|---|
| 13 | 13 | | Section 821.023 [ordered sold at public auction as provided in this |
|---|
| 14 | 14 | | subchapter] may appeal the order to a county court or county court |
|---|
| 15 | 15 | | at law in the county in which the justice or municipal court is |
|---|
| 16 | 16 | | located. As a condition of perfecting an appeal, the owner must |
|---|
| 17 | 17 | | file an appeal bond in an amount determined by the [justice or |
|---|
| 18 | 18 | | municipal] court from which the appeal is taken to be adequate to |
|---|
| 19 | 19 | | cover the estimated expenses incurred in housing and caring for the |
|---|
| 20 | 20 | | impounded animal during the appeal process. [The decision of the |
|---|
| 21 | 21 | | county court or county court at law may not be further appealed. An |
|---|
| 22 | 22 | | owner may not appeal an order: |
|---|
| 23 | 23 | | [(1) to give the animal to a nonprofit animal shelter, |
|---|
| 24 | 24 | | pound, or society for the protection of animals; or |
|---|
| 25 | 25 | | [(2) to humanely destroy the animal.] |
|---|
| 26 | 26 | | SECTION 2. The change in law made by this Act applies only |
|---|
| 27 | 27 | | to an appeal of a court order made on or after the effective date of |
|---|
| 28 | 28 | | this Act. An appeal of a court order made before the effective date |
|---|
| 29 | 29 | | of this Act is covered by the law in effect when the appeal was made, |
|---|
| 30 | 30 | | and the former law is continued in effect for that purpose. |
|---|
| 31 | 31 | | SECTION 3. This Act takes effect September 1, 2009. |
|---|