Texas 2015 - 84th Regular

Texas Senate Bill SB1855 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1	By: Lucio S.B. No. 1855
2	2	(In the Senate - Filed March 13, 2015; March 25, 2015, read
3	3	first time and referred to Committee on Intergovernmental
4	4	Relations; May 12, 2015, reported adversely, with favorable
5	5	Committee Substitute by the following vote: Yeas 7, Nays 0;
6	6	May 12, 2015, sent to printer.)
7	7	Click here to see the committee vote
8	8	COMMITTEE SUBSTITUTE FOR S.B. No. 1855 By: Bettencourt
9	9
10	10
11	11	A BILL TO BE ENTITLED
12	12	AN ACT
13	13	relating to appeals of certain determinations by an animal control
14	14	authority or certain courts.
15	15	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16	16	SECTION 1. Section 822.042(e), Health and Safety Code, is
17	17	amended to read as follows:
18	18	(e) The court shall order the animal control authority to
19	19	humanely destroy the dog if the owner has not complied with
20	20	Subsection (a) before the 11th day after the date on which the dog
21	21	is seized or delivered to the authority, except that,
22	22	notwithstanding any other law or local regulation, the court may
23	23	not order the destruction of a dog during the pendency of an appeal
24	24	under Section 822.0424. The court shall order the authority to
25	25	return the dog to the owner if the owner complies with Subsection
26	26	(a) before the 11th day after the date on which the dog is seized or
27	27	delivered to the authority.
28	28	SECTION 2. Section 822.0421, Health and Safety Code, is
29	29	amended to read as follows:
30	30	Sec. 822.0421. DETERMINATION THAT DOG IS DANGEROUS.
31	31	(a) If a person reports an incident described by Section
32	32	822.041(2), the animal control authority may investigate the
33	33	incident. If, after receiving the sworn statements of any
34	34	witnesses, the animal control authority determines the dog is a
35	35	dangerous dog, the animal control authority [it] shall notify the
36	36	owner in writing of the determination [that fact].
37	37	(b) Notwithstanding any other law, including a municipal
38	38	ordinance, an [An] owner, not later than the 15th day after the date
39	39	the owner is notified that a dog owned by the owner is a dangerous
40	40	dog, may appeal the determination of the animal control authority
41	41	to a justice, county, or municipal court of competent jurisdiction.
42	42	(c) To file an appeal under Subsection (b), the owner must:
43	43	(1) file a notice of appeal of the animal control
44	44	authority's dangerous dog determination with the court;
45	45	(2) attach a copy of the determination from the animal
46	46	control authority; and
47	47	(3) serve a copy of the notice of appeal on the animal
48	48	control authority by mailing the notice through the United States
49	49	Postal Service.
50	50	(d) An owner may appeal the decision of the justice[,
51	51	county,] or municipal court under Subsection (b) in the [same]
52	52	manner described by Section 822.0424 [as appeal for other cases
53	53	from the justice, county, or municipal court].
54	54	SECTION 3. Section 822.0423, Health and Safety Code, is
55	55	amended by adding Subsection (c-1) and amending Subsection (d) to
56	56	read as follows:
57	57	(c-1) The court shall determine the estimated costs to house
58	58	and care for the impounded dog during the appeal process and shall
59	59	set the amount of bond for an appeal adequate to cover those
60	60	estimated costs.
61	61	(d) An owner or person filing the action may appeal the
62	62	decision of the municipal or [court,] justice court[, or county
63	63	court] in the manner described by Section 822.0424 [provided for
64	64	the appeal of cases from the municipal, justice, or county court].
65	65	SECTION 4. Subchapter D, Chapter 822, Health and Safety
66	66	Code, is amended by adding Section 822.0424 to read as follows:
67	67	Sec. 822.0424. APPEAL. (a) A party to an appeal under
68	68	Section 822.0421(d) or a hearing under Section 822.0423 may appeal
69	69	the decision to a county court or county court at law in the county
70	70	in which the justice or municipal court is located and is entitled
71	71	to a jury trial on request.
72	72	(b) As a condition of perfecting an appeal, not later than
73	73	the 10th calendar day after the date the decision is issued, the
74	74	appellant must file a notice of appeal and, if applicable, an appeal
75	75	bond in the amount determined by the court from which the appeal is
76	76	taken.
77	77	(c) Notwithstanding Section 30.00014, Government Code, or
78	78	any other law, a person filing an appeal from a municipal court
79	79	under Subsection (a) is not required to file a motion for a new
80	80	trial to perfect an appeal.
81	81	(d) A decision of a county court or county court at law under
82	82	this section may be appealed in the same manner as an appeal for any
83	83	other case in a county court or county court at law.
84	84	(e) Notwithstanding any other law, a county court or a
85	85	county court at law has jurisdiction to hear an appeal filed under
86	86	this section.
87	87	SECTION 5. The change in law made by this Act applies only
88	88	to a determination, decision, or hearing under Section 822.0421 or
89	89	822.0423, Health and Safety Code, as amended by this Act, or Section
90	90	822.0424, Health and Safety Code, as added by this Act, that occurs
91	91	on or after the effective date of this Act. A determination,
92	92	decision, or hearing that occurs before the effective date of this
93	93	Act is governed by the law in effect on the date the determination,
94	94	decision, or hearing occurred, and the former law is continued in
95	95	effect for that purpose.
96	96	SECTION 6. This Act takes effect September 1, 2015.
97	97	* * * * *