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