bill letting city animal control seize dangerous dogs outside limits

The text as introduced · 329 words

89R3617 JDK-F

By: Gervin-Hawkins
H.B. No. 448

A BILL TO BE ENTITLED

AN ACT

relating to a notarized affidavit requesting a municipal animal

control authority to seize and impound a dangerous or aggressive

dog 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 in the

municipality's extraterritorial jurisdiction may seize and impound

a dangerous or aggressive dog until a court orders its disposition

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) a dangerous or aggressive dog has repeatedly

attacked humans, domestic animals, or livestock within the

extraterritorial jurisdiction; and

(B) due to the presence of a dangerous or

aggressive dog, the extraterritorial jurisdiction is an unsafe

environment for humans, domestic animals, or livestock; and

(2) 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 seizure or impoundment of dangerous 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 September 1, 2025.