85R13966 KKR-F
By: Farrar H.B. No. 748
Substitute the following for H.B. No. 748:
By: Farrar C.S.H.B. No. 748
A BILL TO BE ENTITLED
AN ACT
relating 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:
(1) shall order the owner to pay all court costs,
including:
(A) [(1)] the administrative costs of:
(i) [(A)] investigation;
(ii) [(B)] expert witnesses; and
(iii) [(C)] conducting any public sale
ordered by the court; and
(B) [(2)] the costs incurred by a municipal or
county animal shelter or a nonprofit animal welfare organization
in:
(i) [(A)] housing and caring for the animal
during its impoundment; and
(ii) [(B)] humanely destroying the animal
if destruction is ordered by the court; and
(2) in a county or municipality with a population of at
least 700,000, may order the owner to pay the county's or
municipality's reasonable attorney's fees.
SECTION 2. Section 821.025, Health and Safety Code, is
amended by adding Subsection (i) to read as follows:
(i) In a county or municipality with a population of at
least 700,000, a county court or county court at law that issues a
decision in an appeal under this section finding that an animal's
owner has cruelly treated the animal 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, 2017.