| 1 | 1 | | By: Bernal H.B. No. 4909 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to the reporting method in determining that a dog is |
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| 7 | 7 | | dangerous. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Sec. 822.0421, Health and Safety Code, is |
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| 10 | 10 | | amended to read as follows: |
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| 11 | 11 | | (a) If a person reports an incident described by Section |
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| 12 | 12 | | 822.041(2), the animal control authority may investigate the |
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| 13 | 13 | | incident. If, after receiving the sworn statements of any |
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| 14 | 14 | | witnesses, or observing and documenting aggressive behavior by the |
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| 15 | 15 | | dog, the animal control authority determines the dog is a dangerous |
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| 16 | 16 | | dog, the animal control authority shall notify the owner in writing |
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| 17 | 17 | | of the determination. |
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| 18 | 18 | | (b) An affidavit used to secure a sworn statement from a |
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| 19 | 19 | | witness under 822.0421(a) shall include an option for the witness |
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| 20 | 20 | | to have their personal information excepted from disclosure |
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| 21 | 21 | | pursuant to Chapter 552.101 of the Government Code. |
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| 22 | 22 | | (c) Notwithstanding any other law, including a municipal |
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| 23 | 23 | | ordinance, an owner, not later than the 15th day after the date the |
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| 24 | 24 | | owner is notified that a dog owned by the owner is a dangerous dog, |
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| 25 | 25 | | may appeal the determination of the animal control authority to a |
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| 26 | 26 | | justice, county, or municipal court of competent jurisdiction. |
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| 27 | 27 | | (d) To file an appeal under Subsection (b), the owner must: |
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| 28 | 28 | | (1) file a notice of appeal of the animal control |
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| 29 | 29 | | authority's dangerous dog determination with the court; |
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| 30 | 30 | | (2) attach a copy of the determination from the animal |
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| 31 | 31 | | control authority; and |
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| 32 | 32 | | (3) serve a copy of the notice of appeal on the animal |
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| 33 | 33 | | control authority by mailing the notice through the United States |
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| 34 | 34 | | Postal Service. |
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| 35 | 35 | | (e) An owner may appeal the decision of the justice or |
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| 36 | 36 | | municipal court under Subsection (b) in the manner described by |
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| 37 | 37 | | Section 822.0424. |
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| 38 | 38 | | SECTION 2. This act takes effect September 1, 2023. |
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