| 1 | 1 | | 85R8684 BEE-F |
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| 2 | 2 | | By: West S.B. No. 1057 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to inspection of certain vacant properties for abandoned |
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| 8 | 8 | | animals; providing a civil penalty. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Title 10, Health and Safety Code, is amended by |
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| 11 | 11 | | adding Chapter 830 to read as follows: |
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| 12 | 12 | | CHAPTER 830. ABANDONED ANIMALS |
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| 13 | 13 | | Sec. 830.001. DEFINITIONS. In this chapter: |
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| 14 | 14 | | (1) "Abandoned" means left without reasonable |
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| 15 | 15 | | arrangements for the assumption of custody by another person. |
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| 16 | 16 | | (2) "Animal" means a domesticated living creature, |
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| 17 | 17 | | including livestock. The term does not include an uncaptured wild |
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| 18 | 18 | | living creature. |
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| 19 | 19 | | (3) "Landlord" means the owner, lessor, or sublessor |
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| 20 | 20 | | of a property that is or has been leased to a residential or |
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| 21 | 21 | | commercial tenant. |
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| 22 | 22 | | (4) "Mortgagee" and "mortgagor" have the meanings |
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| 23 | 23 | | assigned by Section 51.0001, Property Code. |
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| 24 | 24 | | Sec. 830.002. INSPECTION OF VACANT PROPERTY FOR ABANDONED |
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| 25 | 25 | | ANIMALS. (a) Not later than the third day after the date a |
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| 26 | 26 | | landlord, owner, or mortgagee knows or should know that a property |
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| 27 | 27 | | under the landlord's, owner's, or mortgagee's control has been |
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| 28 | 28 | | vacated through eviction, foreclosure, termination of tenancy, |
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| 29 | 29 | | abandonment, or other permanent removal or exclusion of a tenant or |
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| 30 | 30 | | mortgagor from the premises, the landlord, owner, or mortgagee |
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| 31 | 31 | | shall inspect the property for abandoned animals. |
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| 32 | 32 | | (b) If the landlord, owner, or mortgagee encounters an |
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| 33 | 33 | | abandoned animal on or in the property, the landlord, owner, or |
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| 34 | 34 | | mortgagee shall immediately report the presence and condition of |
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| 35 | 35 | | the animal to: |
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| 36 | 36 | | (1) an animal control officer; or |
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| 37 | 37 | | (2) a law enforcement officer. |
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| 38 | 38 | | (c) A report under Subsection (b) does not create a |
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| 39 | 39 | | presumption that the person making the report has committed an |
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| 40 | 40 | | offense under Section 42.09 or 42.092, Penal Code. |
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| 41 | 41 | | Sec. 830.003. CIVIL PENALTY. A person who violates this |
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| 42 | 42 | | chapter is liable to the state for a civil penalty of not less than |
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| 43 | 43 | | $100 or more than $500. |
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| 44 | 44 | | SECTION 2. The change in law made by this Act applies only |
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| 45 | 45 | | with respect to property vacated on or after the effective date of |
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| 46 | 46 | | this Act. |
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| 47 | 47 | | SECTION 3. This Act takes effect September 1, 2017. |
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