HBA-MPA S.B. 221 76(R)BILL ANALYSIS


Office of House Bill AnalysisS.B. 221
By: Lindsay
County Affairs
3/29/1999
Engrossed



BACKGROUND AND PURPOSE 

Currently, Texas law requires the owner of a dangerous dog to pay any cost
or fee assessed by the municipality or county related to the "seizure,
impoundment, and destruction of the dog."  One trial court has interpreted
this to not allow cost or fees for impoundment when an owner voluntarily
surrenders the dog.  S.B. 221 removes the perceived limitation that a
municipality or county can only assess costs or fees for impoundment or
destruction of dangerous dogs that are seized. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 822.042(d), Health and Safety Code, to require
the owner of a dog to pay any fee assessed by a municipality or county
related to the seizure, impoundment, or, rather than and, destruction of
the dog or, if it is delivered or surrendered by the owner, related to the
acceptance of the dog.  Authorizes the governing body of the municipality
or county to prescribe the amount of the fees. 

SECTION 2.Emergency clause.
  Effective date: upon passage.