Bill Text: TX HB174 | 2021 | 87th Legislature 1st Special Session | Introduced
Bill Title: Relating to a notarized affidavit requesting a municipal animal control authority to manage dangerous dogs and aggressive dogs in the municipality's extraterritorial jurisdiction.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-07-08 - Filed [HB174 Detail]
Download: Texas-2021-HB174-Introduced.html
| 87S10047 MCF-F | ||
| By: Gervin-Hawkins | H.B. No. 174 | |
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| relating to a notarized affidavit requesting a municipal animal | ||
| control authority to manage dangerous dogs and aggressive dogs in | ||
| the municipality's extraterritorial jurisdiction. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter A, Chapter 822, Health and Safety | ||
| Code, is amended by adding Section 822.008 to read as follows: | ||
| Sec. 822.008. NOTARIZED AFFIDAVIT REQUESTING MUNICIPAL | ||
| ANIMAL CONTROL AUTHORITY TO OPERATE IN EXTRATERRITORIAL | ||
| JURISDICTION. (a) In this section, "aggressive dog" means a dog | ||
| that makes an unprovoked attack on a domestic animal or livestock | ||
| that: | ||
| (1) causes bodily injury to the animal or livestock; | ||
| and | ||
| (2) occurs in a place other than an enclosure: | ||
| (A) in which the dog was being kept; and | ||
| (B) that is reasonably secured to prevent the dog | ||
| from leaving the enclosure. | ||
| (b) A municipal animal control authority may impound and | ||
| manage dangerous dogs and aggressive dogs in the municipality's | ||
| extraterritorial jurisdiction if: | ||
| (1) the authority receives a notarized affidavit | ||
| signed by at least two residents from different households in the | ||
| extraterritorial jurisdiction requesting assistance from the | ||
| authority and alleging that: | ||
| (A) dangerous dogs or aggressive dogs have | ||
| repeatedly attacked humans, domestic animals, or livestock within | ||
| the extraterritorial jurisdiction; and | ||
| (B) due to the presence of dangerous dogs or | ||
| aggressive dogs, the extraterritorial jurisdiction is an unsafe | ||
| environment for humans, domestic animals, or livestock; | ||
| (2) the authority receives or discovers evidence | ||
| corroborating the affidavit received under Subdivision (1); and | ||
| (3) in the extraterritorial jurisdiction: | ||
| (A) no animal control authority is authorized to | ||
| operate; or | ||
| (B) the operating animal control authority does | ||
| not provide for the impoundment or management of dangerous dogs or | ||
| aggressive dogs. | ||
| SECTION 2. This Act takes effect immediately if it receives | ||
| a vote of two-thirds of all the members elected to each house, as | ||
| provided by Section 39, Article III, Texas Constitution. If this | ||
| Act does not receive the vote necessary for immediate effect, this | ||
| Act takes effect on the 91st day after the last day of the | ||
| legislative session. | ||
