| 1 | 1 | | 88R4115 LRM-F |
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| 2 | 2 | | By: Gervin-Hawkins H.B. No. 80 |
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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 a notarized affidavit requesting a municipal animal |
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| 8 | 8 | | control authority to manage dangerous dogs and aggressive dogs in |
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| 9 | 9 | | the municipality's extraterritorial jurisdiction. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Subchapter A, Chapter 822, Health and Safety |
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| 12 | 12 | | Code, is amended by adding Section 822.008 to read as follows: |
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| 13 | 13 | | Sec. 822.008. NOTARIZED AFFIDAVIT REQUESTING MUNICIPAL |
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| 14 | 14 | | ANIMAL CONTROL AUTHORITY TO OPERATE IN EXTRATERRITORIAL |
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| 15 | 15 | | JURISDICTION. (a) In this section, "aggressive dog" means a dog |
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| 16 | 16 | | that makes an unprovoked attack on a domestic animal or livestock |
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| 17 | 17 | | that: |
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| 18 | 18 | | (1) causes bodily injury to the animal or livestock; |
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| 19 | 19 | | and |
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| 20 | 20 | | (2) occurs in a place other than an enclosure: |
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| 21 | 21 | | (A) in which the dog was being kept; and |
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| 22 | 22 | | (B) that is reasonably secured to prevent the dog |
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| 23 | 23 | | from leaving the enclosure. |
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| 24 | 24 | | (b) A municipal animal control authority may impound and |
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| 25 | 25 | | manage dangerous dogs and aggressive dogs in the municipality's |
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| 26 | 26 | | extraterritorial jurisdiction if: |
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| 27 | 27 | | (1) the authority receives a notarized affidavit |
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| 28 | 28 | | signed by at least two residents from different households in the |
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| 29 | 29 | | extraterritorial jurisdiction requesting assistance from the |
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| 30 | 30 | | authority and alleging that: |
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| 31 | 31 | | (A) dangerous dogs or aggressive dogs have |
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| 32 | 32 | | repeatedly attacked humans, domestic animals, or livestock within |
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| 33 | 33 | | the extraterritorial jurisdiction; and |
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| 34 | 34 | | (B) due to the presence of dangerous dogs or |
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| 35 | 35 | | aggressive dogs, the extraterritorial jurisdiction is an unsafe |
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| 36 | 36 | | environment for humans, domestic animals, or livestock; and |
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| 37 | 37 | | (2) in the extraterritorial jurisdiction: |
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| 38 | 38 | | (A) no animal control authority is authorized to |
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| 39 | 39 | | operate; or |
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| 40 | 40 | | (B) the operating animal control authority does |
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| 41 | 41 | | not provide for the impoundment or management of dangerous dogs or |
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| 42 | 42 | | aggressive dogs. |
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| 43 | 43 | | SECTION 2. This Act takes effect immediately if it receives |
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| 44 | 44 | | a vote of two-thirds of all the members elected to each house, as |
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| 45 | 45 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 46 | 46 | | Act does not receive the vote necessary for immediate effect, this |
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| 47 | 47 | | Act takes effect September 1, 2023. |
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