H.B. No. 3340
AN ACT
relating to the appeal of certain orders regarding dangerous dogs.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 822.042, Health and Safety Code, is
amended by amending Subsection (e) and adding Subsection (e-1) to
read as follows:
(e) Subject to Subsection (e-1), the [The] court shall order
the animal control authority to humanely destroy the dog if the
owner has not complied with Subsection (a) before the 11th day after
the date on which the dog is seized or delivered to the authority[,
except that, notwithstanding any other law or local regulation, the
court may not order the destruction of a dog during the pendency of
an appeal under Section 822.0424]. The court shall order the
authority to return the dog to the owner if the owner complies with
Subsection (a) before the 11th day after the date on which the dog
is seized or delivered to the authority.
(e-1) Notwithstanding any other law or local regulation:
(1) any order to destroy a dog is stayed for a period
of 10 calendar days from the date the order is issued, during which
period the dog's owner may file a notice of appeal; and
(2) a court, including a justice court, may not order
the destruction of a dog during the pendency of an appeal under
Section 822.0424.
SECTION 2. The change in law made by this Act applies only
to an order issued by a court on or after the effective date of this
Act. An order issued before the effective date of this Act is
governed by the law in effect on the date the order was issued and
the former law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2021.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3340 was passed by the House on May
14, 2021, by the following vote: Yeas 144, Nays 1, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 3340 was passed by the Senate on May
24, 2021, by the following vote: Yeas 30, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor