Texas 2015 - 84th Regular

Texas House Bill HB234 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	84R14360 KKR-F
2		-	By: Farrar H.B. No. 234
3		-	Substitute the following for H.B. No. 234:
4		-	By: Farrar C.S.H.B. No. 234
	1	+	By: Farrar, Laubenberg, Villalba H.B. No. 234
5	2
6	3
7	4		A BILL TO BE ENTITLED
8	5		AN ACT
9		-	relating to certain costs associated with court proceedings for
10		-	cruelly treated animals; authorizing fees and costs.
	6	+	rela
	7	+	ting to certain costs associated with certain court proceedings
	8	+	for cruelly treated animals; authorizing fees and costs.
11	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	10		SECTION 1. Section 821.023(e), Health and Safety Code, is
13	11		amended to read as follows:
14	12		(e) After a court finds that an animal's owner has cruelly
15		-	treated the animal, the court may order the owner to pay the
16		-	county's or municipality's reasonable attorney's fees, and shall
17		-	order the owner to pay all court costs, including:
	13	+	treated the animal, the court may, if the court has jurisdiction
	14	+	over a county or municipality with a population of at least 700,000,
	15	+	order the owner to pay the county's or municipality's reasonable
	16	+	attorney's fees, and shall order the owner to pay all court costs,
	17	+	including:
18	18		(1) the administrative costs of:
19	19		(A) investigation;
20	20		(B) expert witnesses; and
21	21		(C) conducting any public sale ordered by the
22	22		court; and
23	23		(2) the costs incurred by a municipal or county animal
24	24		shelter or a nonprofit animal welfare organization in:
25	25		(A) housing and caring for the animal during its
26	26		impoundment; and
27	27		(B) humanely destroying the animal if
28	28		destruction is ordered by the court.
29	29		SECTION 2. Section 821.025, Health and Safety Code, is
30	30		amended by adding Subsection (i) to read as follows:
31		-	(i) After a county court or county court at law finds that an
32		-	animal's owner has cruelly treated the animal, the court may order
33		-	the owner to pay the county's or municipality's reasonable
34		-	attorney's fees and court costs, including the costs of
35		-	investigation and expert witnesses.
	31	+	(i) After a county court or county court at law with
	32	+	jurisdiction over a county or municipality with a population of at
	33	+	least 700,000 finds that an animal's owner has cruelly treated the
	34	+	animal, the court may order the owner to pay the county's or
	35	+	municipality's reasonable attorney's fees and court costs,
	36	+	including the costs of investigation and expert witnesses.
36	37		SECTION 3. Section 103.0214, Government Code, is amended to
37	38		read as follows:
38	39		Sec. 103.0214. ADDITIONAL FEES AND COSTS IN CRIMINAL OR
39	40		CIVIL CASES: HEALTH AND SAFETY CODE. An accused or defendant, or a
40	41		party to a civil suit, as applicable, shall pay the following fees
41	42		and costs under the Health and Safety Code if ordered by the court
42	43		or otherwise required:
43	44		(1) a fee to defray the cost of notifying state
44	45		agencies of orders of expungement (Sec. 161.255, Health and Safety
45	46		Code) . . . $30 per application; and
46	47		(2) on a finding that an animal's owner has cruelly
47	48		treated the animal, court costs including:
48	49		(A) investigation (Secs. [Sec.] 821.023 and
49	50		821.025, Health and Safety Code) . . . actual costs;
50	51		(B) expert witnesses (Secs. [Sec.] 821.023 and
51	52		821.025, Health and Safety Code) . . . actual costs;
52	53		(C) housing and caring for the animal during its
53	54		impoundment (Sec. 821.023, Health and Safety Code) . . . actual
54	55		costs;
55	56		(D) conducting any public sale ordered by the
56	57		court (Sec. 821.023, Health and Safety Code) . . . actual costs;
57	58		[and]
58	59		(E) humanely destroying the animal if
59	60		destruction is ordered by the court (Sec. 821.023, Health and
60	61		Safety Code) . . . actual costs; and
61	62		(F) reasonable attorney's fees (Secs. 821.023
62	63		and 821.025, Health and Safety Code) . . . actual costs.
63	64		SECTION 4. The change in law made by this Act applies only
64	65		to a proceeding commenced under Section 821.023 or 821.025, Health
65	66		and Safety Code, on or after the effective date of this Act. A
66	67		proceeding commenced before the effective date of this Act is
67	68		governed by the law as it existed at the time the proceeding was
68	69		commenced, and the former law is continued in effect for that
69	70		purpose.
70	71		SECTION 5. This Act takes effect September 1, 2015.