| 1 | 1 | | 83R5520 KKR-F |
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| 2 | 2 | | By: Farrar H.B. No. 3748 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the costs associated with proceedings regarding cruelly |
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| 8 | 8 | | treated animals; authorizing fees and costs. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 821.023(e), Health and Safety Code, is |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | (e) After a court finds that an animal's owner has cruelly |
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| 13 | 13 | | treated the animal, the court may order the owner to pay the |
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| 14 | 14 | | county's or municipality's reasonable attorney's fees, and shall |
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| 15 | 15 | | order the owner to pay all court costs, including: |
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| 16 | 16 | | (1) the administrative costs of: |
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| 17 | 17 | | (A) investigation; |
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| 18 | 18 | | (B) expert witnesses; and |
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| 19 | 19 | | (C) conducting any public sale ordered by the |
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| 20 | 20 | | court; and |
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| 21 | 21 | | (2) the costs incurred by a municipal or county animal |
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| 22 | 22 | | shelter or a nonprofit animal welfare organization in: |
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| 23 | 23 | | (A) housing and caring for the animal during its |
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| 24 | 24 | | impoundment; and |
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| 25 | 25 | | (B) humanely destroying the animal if |
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| 26 | 26 | | destruction is ordered by the court. |
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| 27 | 27 | | SECTION 2. Section 821.025, Health and Safety Code, is |
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| 28 | 28 | | amended by adding Subsection (i) to read as follows: |
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| 29 | 29 | | (i) After a county court or county court at law finds that an |
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| 30 | 30 | | animal's owner has cruelly treated the animal, the court may order |
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| 31 | 31 | | the owner to pay the county's or municipality's reasonable |
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| 32 | 32 | | attorney's fees and court costs, including the costs of |
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| 33 | 33 | | investigation and expert witnesses. |
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| 34 | 34 | | SECTION 3. The change in law made by this Act applies only |
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| 35 | 35 | | to a proceeding commenced under Section 821.023 or 821.025, Health |
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| 36 | 36 | | and Safety Code, on or after the effective date of this Act. A |
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| 37 | 37 | | proceeding commenced before the effective date of this Act is |
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| 38 | 38 | | covered by the law in effect at the time the proceeding is |
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| 39 | 39 | | commenced, and the former law is continued in effect for that |
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| 40 | 40 | | purpose. |
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| 41 | 41 | | SECTION 4. This Act takes effect September 1, 2013. |
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