| 1 | 1 | | 82R22189 JSC-D |
|---|
| 2 | 2 | | By: Smith of Tarrant, Rodriguez H.B. No. 2679 |
|---|
| 3 | 3 | | Substitute the following for H.B. No. 2679: |
|---|
| 4 | 4 | | By: Coleman C.S.H.B. No. 2679 |
|---|
| 5 | 5 | | |
|---|
| 6 | 6 | | |
|---|
| 7 | 7 | | A BILL TO BE ENTITLED |
|---|
| 8 | 8 | | AN ACT |
|---|
| 9 | 9 | | relating to appeals regarding dangerous dogs. |
|---|
| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 11 | 11 | | SECTION 1. Section 822.0421(b), Health and Safety Code, is |
|---|
| 12 | 12 | | amended to read as follows: |
|---|
| 13 | 13 | | (b) An owner, not later than the 15th day after the date the |
|---|
| 14 | 14 | | owner is notified that a dog owned by the owner is a dangerous dog, |
|---|
| 15 | 15 | | may appeal the determination of the animal control authority to a |
|---|
| 16 | 16 | | justice, county, or municipal court of competent jurisdiction and |
|---|
| 17 | 17 | | is entitled to a jury trial upon request. An owner may appeal the |
|---|
| 18 | 18 | | decision of the justice, county, or municipal court in the [same] |
|---|
| 19 | 19 | | manner described by Section 822.0424 [as appeal for other cases |
|---|
| 20 | 20 | | from the justice, county, or municipal court]. |
|---|
| 21 | 21 | | SECTION 2. Section 822.0423, Health and Safety Code, is |
|---|
| 22 | 22 | | amended by adding Subsection (c-1) and amending Subsection (d) to |
|---|
| 23 | 23 | | read as follows: |
|---|
| 24 | 24 | | (c-1) The court shall determine the estimated costs to house |
|---|
| 25 | 25 | | and care for the impounded animal during the appeal process and |
|---|
| 26 | 26 | | shall set the amount of bond for an appeal adequate to cover those |
|---|
| 27 | 27 | | estimated costs. |
|---|
| 28 | 28 | | (d) An owner or person filing the action may appeal the |
|---|
| 29 | 29 | | decision of the municipal court, justice court, or county court in |
|---|
| 30 | 30 | | the manner described by Section 822.0424 [provided for the appeal |
|---|
| 31 | 31 | | of cases from the municipal, justice, or county court]. |
|---|
| 32 | 32 | | SECTION 3. Subchapter D, Chapter 822, Health and Safety |
|---|
| 33 | 33 | | Code, is amended by adding Section 822.0424 to read as follows: |
|---|
| 34 | 34 | | Sec. 822.0424. APPEAL. (a) A party to an appeal of an |
|---|
| 35 | 35 | | animal control authority determination under Section 822.0421 or a |
|---|
| 36 | 36 | | hearing under Section 822.0423 may appeal the order to a county |
|---|
| 37 | 37 | | court or county court at law in the county in which the justice or |
|---|
| 38 | 38 | | municipal court is located. |
|---|
| 39 | 39 | | (b) As a condition of perfecting an appeal, not later than |
|---|
| 40 | 40 | | the 10th calendar day after the date the order is issued, the |
|---|
| 41 | 41 | | appellant must file a notice of appeal and, if applicable, an appeal |
|---|
| 42 | 42 | | bond in the amount determined by the court from which the appeal is |
|---|
| 43 | 43 | | taken. |
|---|
| 44 | 44 | | (c) Notwithstanding any other law, a county court or a |
|---|
| 45 | 45 | | county court at law has jurisdiction to hear an appeal filed under |
|---|
| 46 | 46 | | this section. |
|---|
| 47 | 47 | | SECTION 4. The change in law made by this Act applies only |
|---|
| 48 | 48 | | to a determination or hearing under Section 822.0421 or 822.0423, |
|---|
| 49 | 49 | | Health and Safety Code, as amended by this Act, or Section 822.0424, |
|---|
| 50 | 50 | | Health and Safety Code, as added by this Act, that occurs on or |
|---|
| 51 | 51 | | after the effective date of this Act. A determination or hearing |
|---|
| 52 | 52 | | that occurs before the effective date of this Act is covered by the |
|---|
| 53 | 53 | | law in effect when the determination or hearing occurred, and the |
|---|
| 54 | 54 | | former law is continued in effect for that purpose. |
|---|
| 55 | 55 | | SECTION 5. This Act takes effect September 1, 2011. |
|---|