By: Bernal H.B. No. 4909
A BILL TO BE ENTITLED
AN ACT
relating to the reporting method in determining that a dog is
dangerous.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sec. 822.0421, Health and Safety Code, is
amended to read as follows:
(a) If a person reports an incident described by Section
822.041(2), the animal control authority may investigate the
incident. If, after receiving the sworn statements of any
witnesses, or observing and documenting aggressive behavior by the
dog, the animal control authority determines the dog is a dangerous
dog, the animal control authority shall notify the owner in writing
of the determination.
(b) An affidavit used to secure a sworn statement from a
witness under 822.0421(a) shall include an option for the witness
to have their personal information excepted from disclosure
pursuant to Chapter 552.101 of the Government Code.
(c) Notwithstanding any other law, including a municipal
ordinance, an owner, not later than the 15th day after the date the
owner is notified that a dog owned by the owner is a dangerous dog,
may appeal the determination of the animal control authority to a
justice, county, or municipal court of competent jurisdiction.
(d) To file an appeal under Subsection (b), the owner must:
(1) file a notice of appeal of the animal control
authority's dangerous dog determination with the court;
(2) attach a copy of the determination from the animal
control authority; and
(3) serve a copy of the notice of appeal on the animal
control authority by mailing the notice through the United States
Postal Service.
(e) An owner may appeal the decision of the justice or
municipal court under Subsection (b) in the manner described by
Section 822.0424.
SECTION 2. This act takes effect September 1, 2023.