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


Office of House Bill AnalysisC.S.S.B. 221
By: Lindsay
County Affairs
4/5/1999
Committee Report (Substituted)



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.  C.S.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, and provides for the dog to
be impounded in secure and humane conditions until such time as a court
orders its disposition. 

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, acceptance, impoundment, or, rather than and,
destruction of the dog.  Authorizes the governing body of the municipality
or county to prescribe the amount of the fees. 

SECTION 2.  Amends Section 822.0422, Health and Safety Code, to authorize
the animal control authority (authority) to provide for the impoundment of
the dog in secure and humane conditions until the court orders the
disposition of the dog.  Authorizes the court, after determining that the
dog is dangerous, to order the authority to continue to impound it until
the court orders its disposition under Section 822.042 (Requirements for
Owner of Dangerous Dog), Health and Safety Code. Requires the owner to pay
a cost or fee assessed under Section 822.042(d). 

SECTION 3.Emergency clause.
  Effective date: upon passage.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.S.B. 221 differs from the engrossed version in SECTION 1(Section
822.042(d), Health and Safety Code) by making a nonsubstantive change. 

C.S.S.B. 221 differs from the engrossed version by adding a new SECTION 2,
amending Section 822.0422, Health and Safety Code, by amending Subsection
(b), creating a new Subsection (d) from existing text, and adding
Subsections (e) and (f).  As amended, Subsection (b) authorizes the
authority to provide for the impoundment of the dog in secure and humane
conditions until the court orders the disposition of the dog.  New
Subsection (e) authorizes the court, after determining that the dog is
dangerous, to order the authority to continue to impound it until the court
orders its disposition under Section 822.042.  New Subsection (f) requires
the owner to pay a cost or fee assessed under Section 822.042(d).   

Redesignates SECTION 2 from the engrossed version to SECTION 3 in the
substitute.