Texas 2015 - 84th Regular

Texas House Bill HB1436 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	By: Smithee (Senate Sponsor - Lucio) H.B. No. 1436
2		-	(In the Senate - Received from the House May 11, 2015;
3		-	May 11, 2015, read first time and referred to Committee on
4		-	Intergovernmental Relations; May 18, 2015, reported favorably by
5		-	the following vote: Yeas 6, Nays 0; May 18, 2015, sent to printer.)
6		-	Click here to see the committee vote
	1	+	H.B. No. 1436
7	2
8	3
9		-	A BILL TO BE ENTITLED
10	4		AN ACT
11	5		relating to appeals regarding dangerous dogs.
12	6		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	7		SECTION 1. Section 822.042(e), Health and Safety Code, is
14	8		amended to read as follows:
15	9		(e) The court shall order the animal control authority to
16	10		humanely destroy the dog if the owner has not complied with
17	11		Subsection (a) before the 11th day after the date on which the dog
18	12		is seized or delivered to the authority, except that,
19	13		notwithstanding any other law or local regulation, the court may
20	14		not order the destruction of a dog during the pendency of an appeal
21	15		under Section 822.0424. The court shall order the authority to
22	16		return the dog to the owner if the owner complies with Subsection
23	17		(a) before the 11th day after the date on which the dog is seized or
24	18		delivered to the authority.
25	19		SECTION 2. Section 822.0421, Health and Safety Code, is
26	20		amended to read as follows:
27	21		Sec. 822.0421. DETERMINATION THAT DOG IS DANGEROUS. (a) If
28	22		a person reports an incident described by Section 822.041(2), the
29	23		animal control authority may investigate the incident. If, after
30	24		receiving the sworn statements of any witnesses, the animal control
31	25		authority determines the dog is a dangerous dog, the animal control
32	26		authority [it] shall notify the owner in writing of the
33	27		determination [that fact].
34	28		(b) Notwithstanding any other law, including a municipal
35	29		ordinance, an [An] owner, not later than the 15th day after the date
36	30		the owner is notified that a dog owned by the owner is a dangerous
37	31		dog, may appeal the determination of the animal control authority
38	32		to a justice, county, or municipal court of competent jurisdiction.
39	33		(c) To file an appeal under Subsection (b), the owner must:
40	34		(1) file a notice of appeal of the animal control
41	35		authority's dangerous dog determination with the court;
42	36		(2) attach a copy of the determination from the animal
43	37		control authority; and
44	38		(3) serve a copy of the notice of appeal on the animal
45	39		control authority by mailing the notice through the United States
46	40		Postal Service.
47	41		(d) An owner may appeal the decision of the justice[,
48	42		county,] or municipal court under Subsection (b) in the [same]
49	43		manner described by Section 822.0424 [as appeal for other cases
50	44		from the justice, county, or municipal court].
51	45		SECTION 3. Section 822.0423, Health and Safety Code, is
52	46		amended by adding Subsection (c-1) and amending Subsection (d) to
53	47		read as follows:
54	48		(c-1) The court shall determine the estimated costs to house
55	49		and care for the impounded dog during the appeal process and shall
56	50		set the amount of bond for an appeal adequate to cover those
57	51		estimated costs.
58	52		(d) An owner or person filing the action may appeal the
59	53		decision of the municipal or [court,] justice court[, or county
60	54		court] in the manner described by Section 822.0424 [provided for
61	55		the appeal of cases from the municipal, justice, or county court].
62	56		SECTION 4. Subchapter D, Chapter 822, Health and Safety
63	57		Code, is amended by adding Section 822.0424 to read as follows:
64	58		Sec. 822.0424. APPEAL. (a) A party to an appeal under
65	59		Section 822.0421(d) or a hearing under Section 822.0423 may appeal
66	60		the decision to a county court or county court at law in the county
67	61		in which the justice or municipal court is located and is entitled
68	62		to a jury trial on request.
69	63		(b) As a condition of perfecting an appeal, not later than
70	64		the 10th calendar day after the date the decision is issued, the
71	65		appellant must file a notice of appeal and, if applicable, an appeal
72	66		bond in the amount determined by the court from which the appeal is
73	67		taken.
74	68		(c) Notwithstanding Section 30.00014, Government Code, or
75	69		any other law, a person filing an appeal from a municipal court
76	70		under Subsection (a) is not required to file a motion for a new
77	71		trial to perfect an appeal.
78	72		(d) A decision of a county court or county court at law under
79	73		this section may be appealed in the same manner as an appeal for any
80	74		other case in a county court or county court at law.
81	75		(e) Notwithstanding any other law, a county court or a
82	76		county court at law has jurisdiction to hear an appeal filed under
83	77		this section.
84	78		SECTION 5. The change in law made by this Act applies only
85	79		to a determination, decision, or hearing under Section 822.0421 or
86	80		822.0423, Health and Safety Code, as amended by this Act, or Section
87	81		822.0424, Health and Safety Code, as added by this Act, that occurs
88	82		on or after the effective date of this Act. A determination,
89	83		decision, or hearing that occurs before the effective date of this
90	84		Act is governed by the law in effect on the date the determination,
91	85		decision, or hearing occurred, and the former law is continued in
92	86		effect for that purpose.
93	87		SECTION 6. This Act takes effect September 1, 2015.
94		-	* * * * *
	88	+	______________________________ ______________________________
	89	+	President of the Senate Speaker of the House
	90	+	I certify that H.B. No. 1436 was passed by the House on May 8,
	91	+	2015, by the following vote: Yeas 134, Nays 8, 2 present, not
	92	+	voting.
	93	+	______________________________
	94	+	Chief Clerk of the House
	95	+	I certify that H.B. No. 1436 was passed by the Senate on May
	96	+	22, 2015, by the following vote: Yeas 31, Nays 0.
	97	+	______________________________
	98	+	Secretary of the Senate
	99	+	APPROVED: _____________________
	100	+	Date
	101	+	_____________________
	102	+	Governor