84R9531 SCL-D
	By: Garcia	S.B. No. 708

	A BILL TO BE ENTITLED
	AN ACT
	relating to regulation of public nuisance, aggressive, and
	dangerous dogs; authorizing fees and creating offenses.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  The heading to Subchapter D, Chapter 822, Health
	and Safety Code, is amended to read as follows:
	SUBCHAPTER D. PUBLIC NUISANCE, AGGRESSIVE, AND DANGEROUS DOGS
	SECTION 2.  Section 822.041, Health and Safety Code, is
	amended by amending Subdivision (1) and adding Subdivisions (1-a)
	and (6) to read as follows:
	(1)  "Aggressive dog" means a dog that:
	(A)  makes an unprovoked attack on a person that
	causes serious bodily injury and occurs on property where the dog is
	being kept if the person is on the property with the owner's consent
	or invitation;
	(B)  commits, on property where the dog is being
	kept, unprovoked acts that cause a person to reasonably believe
	that the dog will attack and cause serious bodily injury to that
	person or a domestic animal if the property is without sufficient
	enclosures to protect the public or domestic animals;
	(C)  interferes with a person's freedom of
	movement in a public right-of-way, regardless of whether the dog is
	on the owner's property;
	(D)  a law enforcement officer or animal control
	authority reasonably believes has a dangerous disposition and is
	likely to be harmful to a person or domestic animal; or
	(E)  is part of a group of two or more  dogs and was
	present when a dog from the group committed an act leading to that
	dog's classification as an aggressive or dangerous dog.
	(1-a)  "Animal control authority" means a municipal or
	county animal control office with authority over the area where the
	dog is kept or a county sheriff in an area with no animal control
	office.
	(6)  "Public nuisance dog" means a dog, as documented
	by an animal control authority, that:
	(A)  has substantially interfered with the right
	to enjoyment of life or property by a person other than the owner,
	including frequent, long, and continued barking or howling,
	repeated defecation on property other than that of the owner, or
	damaging property other than that of the owner;
	(B)  has at least once attacked a domestic animal;
	(C)  has run at large; or
	(D)  is part of a group of two or more dogs in
	which at least one dog is documented to have run at large.
	SECTION 3.  Subchapter D, Chapter 822, Health and Safety
	Code, is amended by adding Sections 822.0415 and 822.0416 to read as
	follows:
	Sec. 822.0415.  REQUIREMENTS FOR OWNER OF PUBLIC NUISANCE
	DOG; SEIZURE. (a) Not later than the 30th day after the date a
	person learns that the person is the owner of a public nuisance dog,
	the person shall:
	(1)  abate the nuisance that serves as the basis for the
	determination that the dog is a public nuisance dog; and
	(2)  comply with an applicable municipal or county
	regulation, requirement, or restriction on a public nuisance dog.
	(b)  For purposes of this section, a person learns that the
	person is the owner of a public nuisance dog when:
	(1)  the owner knows of a nuisance described by Section
	822.041(6)(A), (B), (C), or (D);
	(2)  the owner receives notice that a justice court,
	county court, or municipal court has found that the dog is a public
	nuisance dog under Section 822.0423; or
	(3)  the owner is informed by the animal control
	authority that the dog is a public nuisance dog under Section
	822.0421.
	(c)  An animal control authority may not seize a public
	nuisance dog unless the dog is running at large.
	Sec. 822.0416.  REQUIREMENTS FOR OWNER OF AGGRESSIVE DOG.
	(a) Not later than the 30th day after the date a person learns that
	the person is the owner of an aggressive dog, the person shall:
	(1)  register the aggressive dog with the animal
	control authority for the area in which the dog is kept;
	(2)  restrain the aggressive dog at all times on a leash
	in the immediate control of a person or in a secure enclosure; and
	(3)  comply with an applicable municipal or county
	regulation, requirement, or restriction on an aggressive dog.
	(b)  For purposes of this section, a person learns that the
	person is the owner of an aggressive dog when:
	(1)  the owner knows of an act described by Section
	822.041(1)(A), (B), (C), (D), or (E);
	(2)  the owner receives notice that a justice court,
	county court, or municipal court has found that the dog is an
	aggressive dog under Section 822.0423; or
	(3)  the owner is informed by the animal control
	authority that the dog is an aggressive dog under Section 822.0421.
	SECTION 4.  Section 822.0421, Health and Safety Code, is
	amended to read as follows:
	Sec. 822.0421.  DETERMINATION THAT DOG IS PUBLIC NUISANCE,
	AGGRESSIVE, OR DANGEROUS. (a) If a person reports an incident
	described by Section 822.041(1), (2), or (6) [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 public nuisance, aggressive, or
	dangerous dog, it shall notify the owner of that fact.
	(b)  An owner, not later than the 15th day after the date the
	owner is notified that a dog owned by the owner is a public
	nuisance, aggressive, or dangerous dog, may appeal the
	determination of the animal control authority to a justice, county,
	or municipal court of competent jurisdiction. An owner may appeal
	the decision of the justice, county, or municipal court in the same
	manner as appeal for other cases from the justice, county, or
	municipal court.
	SECTION 5.  Section 822.0423(a), Health and Safety Code, is
	amended to read as follows:
	(a)  The court, on receiving a report of an incident under
	Section 822.0422 or an incident described by Section 822.041(1) or
	(6) or on application under Section 822.042(c), shall set a time for
	a hearing to determine whether the dog is a public nuisance,
	aggressive, or dangerous dog or whether the owner of the dog has
	complied with Section 822.0415, 822.0416, or 822.042, as
	applicable. The hearing must be held not later than the 10th day
	after the date on which the dog is seized or delivered, if
	applicable.
	SECTION 6.  Section 822.043, Health and Safety Code, is
	amended to read as follows:
	Sec. 822.043.  REGISTRATION. (a) An animal control
	authority for the area in which the dog is kept shall annually
	register an aggressive or [a] dangerous dog if the owner:
	(1)  presents proof of:
	(A)  liability insurance or financial
	responsibility, if [as] required by Section 822.042;
	(B)  current rabies vaccination of the
	[dangerous] dog; and
	(C)  the secure enclosure in which the [dangerous]
	dog will be kept; and
	(2)  pays an annual registration fee in the amount
	determined by the governing body of the municipality or county in
	which the animal control authority is located [of $50].
	(b)  The animal control authority shall provide to the owner
	registering an aggressive or [a] dangerous dog a registration tag.
	The owner must place the tag on the dog's collar.
	(c)  If an owner of a registered aggressive or dangerous dog
	sells or moves the dog to a new address, the owner, not later than
	the 14th day after the date of the sale or move, shall notify the
	animal control authority for the area in which the new address is
	located. On presentation by the current owner of the aggressive or
	dangerous dog's prior registration tag and payment of a fee in the
	amount determined by the governing body of the municipality or
	county in which the animal control authority is located [of $25],
	the animal control authority shall issue a new registration tag to
	be placed on the aggressive or dangerous dog's collar.
	(d)  An owner of a registered aggressive or dangerous dog
	shall notify the office in which the aggressive or dangerous dog was
	registered of any attacks the aggressive or dangerous dog makes on
	people.
	(e)  Except as provided by this subsection, an animal control
	authority may, on court order following a hearing under Section
	822.0423 or consent of the owner, implant a microchip into a public
	nuisance dog described by Section 822.041(6)(C) or an aggressive or
	dangerous dog instead of or in addition to providing a tag under
	Subsection (b) or (c).
	SECTION 7.  Section 822.045(a), Health and Safety Code, is
	amended to read as follows:
	(a)  A person who owns or keeps custody or control of a public
	nuisance, aggressive, or dangerous dog commits an offense if the
	person fails to comply with Section 822.0415, 822.0416, or 822.042,
	as applicable, [or] Section 822.0422(b), or an applicable municipal
	or county regulation relating to public nuisance, aggressive, or
	dangerous dogs.
	SECTION 8.  Section 822.047, Health and Safety Code, is
	amended to read as follows:
	Sec. 822.047.  LOCAL REGULATION OF PUBLIC NUISANCE,
	AGGRESSIVE, AND DANGEROUS DOGS. (a)  A county or municipality may
	place additional requirements or restrictions on aggressive or
	dangerous dogs if the requirements or restrictions:
	(1)  are not specific to one breed or several breeds of
	dogs; and
	(2)  are more stringent than restrictions provided by
	this subchapter.
	(b)  The commissioners court of a county by order of the
	governing body of a municipality by ordinance may exempt the county
	or municipality, as applicable, from the requirements and
	restrictions on public nuisance dogs under this chapter if the
	commissioners court or governing body determines that local
	regulation adequately provides for the abatement of stray dogs,
	barking dogs, dogs that are aggressive toward other animals,
	destructive dogs, and nuisance dogs.
	SECTION 9.  This Act takes effect September 1, 2015.