Texas 2015 - 84th Regular

Texas Senate Bill SB708 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R9531 SCL-D
2	2	By: Garcia S.B. No. 708
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to regulation of public nuisance, aggressive, and
8	8	dangerous dogs; authorizing fees and creating offenses.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. The heading to Subchapter D, Chapter 822, Health
11	11	and Safety Code, is amended to read as follows:
12	12	SUBCHAPTER D. PUBLIC NUISANCE, AGGRESSIVE, AND DANGEROUS DOGS
13	13	SECTION 2. Section 822.041, Health and Safety Code, is
14	14	amended by amending Subdivision (1) and adding Subdivisions (1-a)
15	15	and (6) to read as follows:
16	16	(1) "Aggressive dog" means a dog that:
17	17	(A) makes an unprovoked attack on a person that
18	18	causes serious bodily injury and occurs on property where the dog is
19	19	being kept if the person is on the property with the owner's consent
20	20	or invitation;
21	21	(B) commits, on property where the dog is being
22	22	kept, unprovoked acts that cause a person to reasonably believe
23	23	that the dog will attack and cause serious bodily injury to that
24	24	person or a domestic animal if the property is without sufficient
25	25	enclosures to protect the public or domestic animals;
26	26	(C) interferes with a person's freedom of
27	27	movement in a public right-of-way, regardless of whether the dog is
28	28	on the owner's property;
29	29	(D) a law enforcement officer or animal control
30	30	authority reasonably believes has a dangerous disposition and is
31	31	likely to be harmful to a person or domestic animal; or
32	32	(E) is part of a group of two or more dogs and was
33	33	present when a dog from the group committed an act leading to that
34	34	dog's classification as an aggressive or dangerous dog.
35	35	(1-a) "Animal control authority" means a municipal or
36	36	county animal control office with authority over the area where the
37	37	dog is kept or a county sheriff in an area with no animal control
38	38	office.
39	39	(6) "Public nuisance dog" means a dog, as documented
40	40	by an animal control authority, that:
41	41	(A) has substantially interfered with the right
42	42	to enjoyment of life or property by a person other than the owner,
43	43	including frequent, long, and continued barking or howling,
44	44	repeated defecation on property other than that of the owner, or
45	45	damaging property other than that of the owner;
46	46	(B) has at least once attacked a domestic animal;
47	47	(C) has run at large; or
48	48	(D) is part of a group of two or more dogs in
49	49	which at least one dog is documented to have run at large.
50	50	SECTION 3. Subchapter D, Chapter 822, Health and Safety
51	51	Code, is amended by adding Sections 822.0415 and 822.0416 to read as
52	52	follows:
53	53	Sec. 822.0415. REQUIREMENTS FOR OWNER OF PUBLIC NUISANCE
54	54	DOG; SEIZURE. (a) Not later than the 30th day after the date a
55	55	person learns that the person is the owner of a public nuisance dog,
56	56	the person shall:
57	57	(1) abate the nuisance that serves as the basis for the
58	58	determination that the dog is a public nuisance dog; and
59	59	(2) comply with an applicable municipal or county
60	60	regulation, requirement, or restriction on a public nuisance dog.
61	61	(b) For purposes of this section, a person learns that the
62	62	person is the owner of a public nuisance dog when:
63	63	(1) the owner knows of a nuisance described by Section
64	64	822.041(6)(A), (B), (C), or (D);
65	65	(2) the owner receives notice that a justice court,
66	66	county court, or municipal court has found that the dog is a public
67	67	nuisance dog under Section 822.0423; or
68	68	(3) the owner is informed by the animal control
69	69	authority that the dog is a public nuisance dog under Section
70	70	822.0421.
71	71	(c) An animal control authority may not seize a public
72	72	nuisance dog unless the dog is running at large.
73	73	Sec. 822.0416. REQUIREMENTS FOR OWNER OF AGGRESSIVE DOG.
74	74	(a) Not later than the 30th day after the date a person learns that
75	75	the person is the owner of an aggressive dog, the person shall:
76	76	(1) register the aggressive dog with the animal
77	77	control authority for the area in which the dog is kept;
78	78	(2) restrain the aggressive dog at all times on a leash
79	79	in the immediate control of a person or in a secure enclosure; and
80	80	(3) comply with an applicable municipal or county
81	81	regulation, requirement, or restriction on an aggressive dog.
82	82	(b) For purposes of this section, a person learns that the
83	83	person is the owner of an aggressive dog when:
84	84	(1) the owner knows of an act described by Section
85	85	822.041(1)(A), (B), (C), (D), or (E);
86	86	(2) the owner receives notice that a justice court,
87	87	county court, or municipal court has found that the dog is an
88	88	aggressive dog under Section 822.0423; or
89	89	(3) the owner is informed by the animal control
90	90	authority that the dog is an aggressive dog under Section 822.0421.
91	91	SECTION 4. Section 822.0421, Health and Safety Code, is
92	92	amended to read as follows:
93	93	Sec. 822.0421. DETERMINATION THAT DOG IS PUBLIC NUISANCE,
94	94	AGGRESSIVE, OR DANGEROUS. (a) If a person reports an incident
95	95	described by Section 822.041(1), (2), or (6) [822.041(2)], the
96	96	animal control authority may investigate the incident. If, after
97	97	receiving the sworn statements of any witnesses, the animal control
98	98	authority determines the dog is a public nuisance, aggressive, or
99	99	dangerous dog, it shall notify the owner of that fact.
100	100	(b) An owner, not later than the 15th day after the date the
101	101	owner is notified that a dog owned by the owner is a public
102	102	nuisance, aggressive, or dangerous dog, may appeal the
103	103	determination of the animal control authority to a justice, county,
104	104	or municipal court of competent jurisdiction. An owner may appeal
105	105	the decision of the justice, county, or municipal court in the same
106	106	manner as appeal for other cases from the justice, county, or
107	107	municipal court.
108	108	SECTION 5. Section 822.0423(a), Health and Safety Code, is
109	109	amended to read as follows:
110	110	(a) The court, on receiving a report of an incident under
111	111	Section 822.0422 or an incident described by Section 822.041(1) or
112	112	(6) or on application under Section 822.042(c), shall set a time for
113	113	a hearing to determine whether the dog is a public nuisance,
114	114	aggressive, or dangerous dog or whether the owner of the dog has
115	115	complied with Section 822.0415, 822.0416, or 822.042, as
116	116	applicable. The hearing must be held not later than the 10th day
117	117	after the date on which the dog is seized or delivered, if
118	118	applicable.
119	119	SECTION 6. Section 822.043, Health and Safety Code, is
120	120	amended to read as follows:
121	121	Sec. 822.043. REGISTRATION. (a) An animal control
122	122	authority for the area in which the dog is kept shall annually
123	123	register an aggressive or [a] dangerous dog if the owner:
124	124	(1) presents proof of:
125	125	(A) liability insurance or financial
126	126	responsibility, if [as] required by Section 822.042;
127	127	(B) current rabies vaccination of the
128	128	[dangerous] dog; and
129	129	(C) the secure enclosure in which the [dangerous]
130	130	dog will be kept; and
131	131	(2) pays an annual registration fee in the amount
132	132	determined by the governing body of the municipality or county in
133	133	which the animal control authority is located [of $50].
134	134	(b) The animal control authority shall provide to the owner
135	135	registering an aggressive or [a] dangerous dog a registration tag.
136	136	The owner must place the tag on the dog's collar.
137	137	(c) If an owner of a registered aggressive or dangerous dog
138	138	sells or moves the dog to a new address, the owner, not later than
139	139	the 14th day after the date of the sale or move, shall notify the
140	140	animal control authority for the area in which the new address is
141	141	located. On presentation by the current owner of the aggressive or
142	142	dangerous dog's prior registration tag and payment of a fee in the
143	143	amount determined by the governing body of the municipality or
144	144	county in which the animal control authority is located [of $25],
145	145	the animal control authority shall issue a new registration tag to
146	146	be placed on the aggressive or dangerous dog's collar.
147	147	(d) An owner of a registered aggressive or dangerous dog
148	148	shall notify the office in which the aggressive or dangerous dog was
149	149	registered of any attacks the aggressive or dangerous dog makes on
150	150	people.
151	151	(e) Except as provided by this subsection, an animal control
152	152	authority may, on court order following a hearing under Section
153	153	822.0423 or consent of the owner, implant a microchip into a public
154	154	nuisance dog described by Section 822.041(6)(C) or an aggressive or
155	155	dangerous dog instead of or in addition to providing a tag under
156	156	Subsection (b) or (c).
157	157	SECTION 7. Section 822.045(a), Health and Safety Code, is
158	158	amended to read as follows:
159	159	(a) A person who owns or keeps custody or control of a public
160	160	nuisance, aggressive, or dangerous dog commits an offense if the
161	161	person fails to comply with Section 822.0415, 822.0416, or 822.042,
162	162	as applicable, [or] Section 822.0422(b), or an applicable municipal
163	163	or county regulation relating to public nuisance, aggressive, or
164	164	dangerous dogs.
165	165	SECTION 8. Section 822.047, Health and Safety Code, is
166	166	amended to read as follows:
167	167	Sec. 822.047. LOCAL REGULATION OF PUBLIC NUISANCE,
168	168	AGGRESSIVE, AND DANGEROUS DOGS. (a) A county or municipality may
169	169	place additional requirements or restrictions on aggressive or
170	170	dangerous dogs if the requirements or restrictions:
171	171	(1) are not specific to one breed or several breeds of
172	172	dogs; and
173	173	(2) are more stringent than restrictions provided by
174	174	this subchapter.
175	175	(b) The commissioners court of a county by order of the
176	176	governing body of a municipality by ordinance may exempt the county
177	177	or municipality, as applicable, from the requirements and
178	178	restrictions on public nuisance dogs under this chapter if the
179	179	commissioners court or governing body determines that local
180	180	regulation adequately provides for the abatement of stray dogs,
181	181	barking dogs, dogs that are aggressive toward other animals,
182	182	destructive dogs, and nuisance dogs.
183	183	SECTION 9. This Act takes effect September 1, 2015.