By: Smithee (Senate Sponsor - Lucio) H.B. No. 1436
(In the Senate - Received from the House May 11, 2015;
May 11, 2015, read first time and referred to Committee on
Intergovernmental Relations; May 18, 2015, reported favorably by
the following vote: Yeas 6, Nays 0; May 18, 2015, sent to printer.)
Click here to see the committee vote
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 822.042(e), Health and Safety Code, is
amended to read as follows:
(e) The court shall order the animal control authority to
humanely destroy the dog if the owner has not complied with
Subsection (a) before the 11th day after the date on which the dog
is seized or delivered to the authority, except that,
notwithstanding any other law or local regulation, the court may
not order the destruction of a dog during the pendency of an appeal
under Section 822.0424. The court shall order the authority to
return the dog to the owner if the owner complies with Subsection
(a) before the 11th day after the date on which the dog is seized or
delivered to the authority.
SECTION 2. Section 822.0421, Health and Safety Code, is
amended to read as follows:
Sec. 822.0421. DETERMINATION THAT DOG IS DANGEROUS. (a) If
a person reports an incident described by Section 822.041(2), the
animal control authority may investigate the incident. If, after
receiving the sworn statements of any witnesses, the animal control
authority determines the dog is a dangerous dog, the animal control
authority [it] shall notify the owner in writing of the
determination [that fact].
(b) Notwithstanding any other law, including a municipal
ordinance, an [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.
(c) To file an appeal under Subsection (b), the owner must:
(1) file a notice of appeal of the animal control
authority's dangerous dog determination with the court;
(2) attach a copy of the determination from the animal
control authority; and
(3) serve a copy of the notice of appeal on the animal
control authority by mailing the notice through the United States
Postal Service.
(d) An owner may appeal the decision of the justice[,
county,] or municipal court under Subsection (b) in the [same]
manner described by Section 822.0424 [as appeal for other cases
from the justice, county, or municipal court].
SECTION 3. 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 dog 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 or [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 4. 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 under
Section 822.0421(d) or a hearing under Section 822.0423 may appeal
the decision to a county court or county court at law in the county
in which the justice or municipal court is located and is entitled
to a jury trial on request.
(b) As a condition of perfecting an appeal, not later than
the 10th calendar day after the date the decision 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 Section 30.00014, Government Code, or
any other law, a person filing an appeal from a municipal court
under Subsection (a) is not required to file a motion for a new
trial to perfect an appeal.
(d) A decision of a county court or county court at law under
this section may be appealed in the same manner as an appeal for any
other case in a county court or county court at law.
(e) Notwithstanding any other law, a county court or a
county court at law has jurisdiction to hear an appeal filed under
this section.
SECTION 5. The change in law made by this Act applies only
to a determination, decision, 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,
decision, or hearing that occurs before the effective date of this
Act is governed by the law in effect on the date the determination,
decision, or hearing occurred, and the former law is continued in
effect for that purpose.
SECTION 6. This Act takes effect September 1, 2015.
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