Texas -- HB 1119 (the 'Civil Seizure Bill')

[H-B]

Bill has been sent to Governor.


Background and Purpose:

Sections 821.021-821.025, of the Texas Health & Safety Code, set forth a civil procedure by which an animal that is or has been cruelly treated by its owner can be seized by county or municipal authorities and the owner divested of ownership of the animal. House Bill 1119 amends Sections 821.021-821.025 to facilitate seizure of the animal; shorten the judicial process; and allow counties and municipalities to recover their court costs and other expenses related to the seizure proceedings.

What HB 1119 Does:

The bill expands the governmental officials who can apply for a seizure warrant to include all peace officers. Also, in addition to a justice court or municipal court, the bill allows a magistrate to issue a seizure warrant. These two changes make it easier and quicker to get a seizure warrant which will in many instances save the life of an animal which is in critical condition.

The bill requires an owner found to have cruelly treated his animal to pay all court costs, including the cost of investigation; expert witnesses; housing and caring for the animal during impoundment; conducting any public sale ordered by the court; and humanely destroying the animal if destruction is ordered by the court. This helps counties and municipalities recover their costs incurred in these proceedings and puts the costs on the owner where it belongs.

The bill limits the number of appeals from an order that an animal be sold at public auction to the county court with the decision of the county court being final without further appeal. Also, as a condition of appeal from the justice or municipal court the owner must file an appeal bond in an amount determined by the justice or municipal court to be adequate to cover the estimated expenses to be incurred in housing and caring for the impounded animal during the appeal process. The bill also denies an owner any appeal from an order of the justice or municipal court to give the animal to a non-profit animal shelter or to humanely destroy the animal. These changes will go a long way to stop frivolous appeals by owners which cost the municipalities and counties a lot of time and money to care for the impounded animals during the appeal process which can now last for over a year or more.