By: Farrar, Laubenberg, Villalba H.B. No. 234
A BILL TO BE ENTITLED
AN ACT
rela
ting to certain costs associated with certain court proceedings
for cruelly treated animals; authorizing fees and costs.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 821.023(e), Health and Safety Code, is
amended to read as follows:
(e) After a court finds that an animal's owner has cruelly
treated the animal, the court may, if the court has jurisdiction
over a county or municipality with a population of at least 700,000,
order the owner to pay the county's or municipality's reasonable
attorney's fees, and shall order the owner to pay all court costs,
including:
(1) the administrative costs of:
(A) investigation;
(B) expert witnesses; and
(C) conducting any public sale ordered by the
court; and
(2) the costs incurred by a municipal or county animal
shelter or a nonprofit animal welfare organization in:
(A) housing and caring for the animal during its
impoundment; and
(B) humanely destroying the animal if
destruction is ordered by the court.
SECTION 2. Section 821.025, Health and Safety Code, is
amended by adding Subsection (i) to read as follows:
(i) After a county court or county court at law with
jurisdiction over a county or municipality with a population of at
least 700,000 finds that an animal's owner has cruelly treated the
animal, the court may order the owner to pay the county's or
municipality's reasonable attorney's fees and court costs,
including the costs of investigation and expert witnesses.
SECTION 3. Section 103.0214, Government Code, is amended to
read as follows:
Sec. 103.0214. ADDITIONAL FEES AND COSTS IN CRIMINAL OR
CIVIL CASES: HEALTH AND SAFETY CODE. An accused or defendant, or a
party to a civil suit, as applicable, shall pay the following fees
and costs under the Health and Safety Code if ordered by the court
or otherwise required:
(1) a fee to defray the cost of notifying state
agencies of orders of expungement (Sec. 161.255, Health and Safety
Code) . . . $30 per application; and
(2) on a finding that an animal's owner has cruelly
treated the animal, court costs including:
(A) investigation (Secs. [Sec.] 821.023 and
821.025, Health and Safety Code) . . . actual costs;
(B) expert witnesses (Secs. [Sec.] 821.023 and
821.025, Health and Safety Code) . . . actual costs;
(C) housing and caring for the animal during its
impoundment (Sec. 821.023, Health and Safety Code) . . . actual
costs;
(D) conducting any public sale ordered by the
court (Sec. 821.023, Health and Safety Code) . . . actual costs;
[and]
(E) humanely destroying the animal if
destruction is ordered by the court (Sec. 821.023, Health and
Safety Code) . . . actual costs; and
(F) reasonable attorney's fees (Secs. 821.023
and 821.025, Health and Safety Code) . . . actual costs.
SECTION 4. The change in law made by this Act applies only
to a proceeding commenced under Section 821.023 or 821.025, Health
and Safety Code, on or after the effective date of this Act. A
proceeding commenced before the effective date of this Act is
governed by the law as it existed at the time the proceeding was
commenced, and the former law is continued in effect for that
purpose.
SECTION 5. This Act takes effect September 1, 2015.