82R22189 JSC-D
By: Smith of Tarrant, Rodriguez H.B. No. 2679
Substitute the following for H.B. No. 2679:
By: Coleman C.S.H.B. No. 2679
A BILL TO BE ENTITLED
AN ACT
relating to appeals regarding dangerous dogs.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 822.0421(b), Health and Safety Code, is
amended to read as follows:
(b) An owner, not later than the 15th day after the date the
owner is notified that a dog owned by the owner is a dangerous dog,
may appeal the determination of the animal control authority to a
justice, county, or municipal court of competent jurisdiction and
is entitled to a jury trial upon request. An owner may appeal the
decision of the justice, county, or municipal court in the [same]
manner described by Section 822.0424 [as appeal for other cases
from the justice, county, or municipal court].
SECTION 2. Section 822.0423, Health and Safety Code, is
amended by adding Subsection (c-1) and amending Subsection (d) to
read as follows:
(c-1) The court shall determine the estimated costs to house
and care for the impounded animal during the appeal process and
shall set the amount of bond for an appeal adequate to cover those
estimated costs.
(d) An owner or person filing the action may appeal the
decision of the municipal court, justice court, or county court in
the manner described by Section 822.0424 [provided for the appeal
of cases from the municipal, justice, or county court].
SECTION 3. Subchapter D, Chapter 822, Health and Safety
Code, is amended by adding Section 822.0424 to read as follows:
Sec. 822.0424. APPEAL. (a) A party to an appeal of an
animal control authority determination under Section 822.0421 or a
hearing under Section 822.0423 may appeal the order to a county
court or county court at law in the county in which the justice or
municipal court is located.
(b) As a condition of perfecting an appeal, not later than
the 10th calendar day after the date the order is issued, the
appellant must file a notice of appeal and, if applicable, an appeal
bond in the amount determined by the court from which the appeal is
taken.
(c) Notwithstanding any other law, a county court or a
county court at law has jurisdiction to hear an appeal filed under
this section.
SECTION 4. The change in law made by this Act applies only
to a determination or hearing under Section 822.0421 or 822.0423,
Health and Safety Code, as amended by this Act, or Section 822.0424,
Health and Safety Code, as added by this Act, that occurs on or
after the effective date of this Act. A determination or hearing
that occurs before the effective date of this Act is covered by the
law in effect when the determination or hearing occurred, and the
former law is continued in effect for that purpose.
SECTION 5. This Act takes effect September 1, 2011.