Bill Text: TX HB100 | 2021-2022 | 87th Legislature | Engrossed

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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 2-0)

Status: (Engrossed - Dead) 2021-05-14 - Referred to Local Government [HB100 Detail]

Download: Texas-2021-HB100-Engrossed.html

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By: Gervin-Hawkins, Thierry H.B. No. 100

A BILL TO BE ENTITLED
AN ACT
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 September 1, 2021.