Bill Text: TX HB1436 | 2015-2016 | 84th Legislature | Enrolled
Bill Title: Relating to appeals regarding dangerous dogs.
Spectrum: Bipartisan Bill
Status: (Passed) 2015-06-16 - Effective on 9/1/15 [HB1436 Detail]
Download: Texas-2015-HB1436-Enrolled.html
H.B. No. 1436 |
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relating to appeals regarding dangerous dogs. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 822.042(e), Health and Safety Code, is | ||
amended to read as follows: | ||
(e) 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. | ||
SECTION 2. Section 822.0421, Health and Safety Code, is | ||
amended to read as follows: | ||
Sec. 822.0421. DETERMINATION THAT DOG IS DANGEROUS. (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, the animal control | ||
authority determines the dog is a dangerous dog, the animal control | ||
authority [ |
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determination [ |
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(b) Notwithstanding any other law, including a municipal | ||
ordinance, an [ |
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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. | ||
(c) 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. | ||
(d) An owner may appeal the decision of the justice[ |
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manner described by Section 822.0424 [ |
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SECTION 3. Section 822.0423, Health and Safety Code, is | ||
amended by adding Subsection (c-1) and amending Subsection (d) to | ||
read as follows: | ||
(c-1) The court shall determine the estimated costs to house | ||
and care for the impounded dog during the appeal process and shall | ||
set the amount of bond for an appeal adequate to cover those | ||
estimated costs. | ||
(d) An owner or person filing the action may appeal the | ||
decision of the municipal or [ |
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SECTION 4. Subchapter D, Chapter 822, Health and Safety | ||
Code, is amended by adding Section 822.0424 to read as follows: | ||
Sec. 822.0424. APPEAL. (a) A party to an appeal under | ||
Section 822.0421(d) or a hearing under Section 822.0423 may appeal | ||
the decision to a county court or county court at law in the county | ||
in which the justice or municipal court is located and is entitled | ||
to a jury trial on request. | ||
(b) As a condition of perfecting an appeal, not later than | ||
the 10th calendar day after the date the decision is issued, the | ||
appellant must file a notice of appeal and, if applicable, an appeal | ||
bond in the amount determined by the court from which the appeal is | ||
taken. | ||
(c) Notwithstanding Section 30.00014, Government Code, or | ||
any other law, a person filing an appeal from a municipal court | ||
under Subsection (a) is not required to file a motion for a new | ||
trial to perfect an appeal. | ||
(d) A decision of a county court or county court at law under | ||
this section may be appealed in the same manner as an appeal for any | ||
other case in a county court or county court at law. | ||
(e) Notwithstanding any other law, a county court or a | ||
county court at law has jurisdiction to hear an appeal filed under | ||
this section. | ||
SECTION 5. The change in law made by this Act applies only | ||
to a determination, decision, or hearing under Section 822.0421 or | ||
822.0423, Health and Safety Code, as amended by this Act, or Section | ||
822.0424, Health and Safety Code, as added by this Act, that occurs | ||
on or after the effective date of this Act. A determination, | ||
decision, or hearing that occurs before the effective date of this | ||
Act is governed by the law in effect on the date the determination, | ||
decision, or hearing occurred, and the former law is continued in | ||
effect for that purpose. | ||
SECTION 6. This Act takes effect September 1, 2015. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 1436 was passed by the House on May 8, | ||
2015, by the following vote: Yeas 134, Nays 8, 2 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 1436 was passed by the Senate on May | ||
22, 2015, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |