TX Animal Seizure Statues in Animal Cruelty Cases. Excerpted from the on-line Texas Health and Safety Code. formatting and emphasis is mine in hopes of helping to clarify and emphasize.
Subchapter B as of 9/1/2009:
SUBCHAPTER B. DISPOSITION OF CRUELLY TREATED ANIMALS
Sec. 821.021. DEFINITION.
In this subchapter, "cruelly treated" includes
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 821.0211. ADDITIONAL DEFINITION.
In this subchapter, "magistrate" means any officer as defined in Article 2.09, Code of Criminal Procedure, except that the term does not include justices of the supreme court, judges of the court of criminal appeals, or courts of appeals, judges or masters of statutory probate courts, or judges or masters of district courts that give preference to family law matters or family district courts under Subchapter D, Chapter 24, Government Code.
Acts 2003, 78th Leg., ch. 1043, Sec. 1, eff. Sept. 1, 2003.
Sec. 821.022. SEIZURE OF CRUELLY TREATED ANIMAL.
(a) If
a peace officer or an officer who has responsibility for animal control in a
county or municipality has reason to believe that an animal has been or is
being cruelly treated, the officer may apply to a justice court or magistrate
in the county or to a municipal court in the municipality in which the animal
is located for a warrant to seize the animal.
(b) On a showing of probable cause to believe that the animal has
been or is being cruelly treated, the court or magistrate shall issue the
warrant and set a time within 10 calendar days of the date of issuance for a
hearing in the appropriate justice court or municipal court to determine
whether the animal has been cruelly treated.
(c) The officer executing the warrant shall cause the animal to be
impounded and shall give written notice to the owner of the animal of the time
and place of the hearing.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1991, 72nd Leg., ch. 387, Sec. 1, eff. June 7, 1991; Acts 2003, 78th Leg., ch. 1043, Sec. 2, eff. Sept. 1, 2003.
Sec. 821.023. HEARING; ORDER OF DISPOSITION OR RETURN OF ANIMAL.
(a) A
finding in a court of competent jurisdiction that the owner of an animal is
guilty of an offense under Section 42.09 or 42.092, Penal Code, involving the
animal is prima facie evidence at a hearing authorized by Section 821.022 that
the animal has been cruelly treated.
(b) A statement of an owner made at a hearing provided for under
this subchapter is not admissible in a trial of the owner for an offense under
Section 42.09 or 42.092, Penal Code.
(c) Each interested party is entitled to an opportunity to present
evidence at the hearing.
(d) If the court finds that the animal's owner has cruelly treated
the animal,
the owner shall be divested of ownership of the animal, and
the court shall:
(e) A court that finds that an animal's owner has cruelly treated the animal shall order the owner to pay all court costs, including costs of:
(f) The
court may order that an animal disposed of under Subsection (d)(1) or
(d)(2) be spayed or neutered at the cost of the receiving party.
(g) The court shall order the animal returned to the owner if the
court does not find that the animal's owner has cruelly treated the animal.
Acts
1989, 71st Leg., ch. 678, Sec. 1, eff. Sept.
1, 1989. Amended by Acts 1991, 72nd Leg., ch. 157, Sec. 1,
eff. Aug. 26, 1991;
Acts 1995, 74th Leg., ch. 76, Sec. 14.43, 14.44, eff. Sept. 1, 1995; Acts 2003, 78th Leg., ch.
1043, Sec. 2, eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
886, Sec. 4, eff. September 1, 2007.
Sec. 821.024. SALE OR DISPOSITION OF CRUELLY TREATED ANIMAL.
(a) Notice
of an auction ordered under this subchapter must be posted on a public bulletin
board where other public notices are posted for the county or
municipality. At the auction, a bid by the former owner of a cruelly
treated animal or the owner's representative may not be accepted.
(b) Proceeds from the sale of the animal shall be applied first
to any costs owed by the former owner under Section 821.023(e). The officer
conducting the auction shall pay any excess proceeds to the justice or
municipal court ordering the auction. The court shall return the
excess proceeds to the former owner of the animal.
(c) If the officer is unable to sell the animal at auction, the
officer may cause the animal to be humanely destroyed or may give the animal to
a nonprofit animal shelter, pound, or society for the protection of animals.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1991, 72nd Leg., ch. 387, Sec. 2, eff. June 7, 1991; Acts 2003, 78th Leg., ch. 1043, Sec. 2, eff. Sept. 1, 2003.
Sec. 821.025. APPEAL.
(a) An owner divested of ownership of an animal under Section 821.023 may appeal the order to a county court or county court at law in the county in which the justice or municipal court is located. As a condition of perfecting an appeal, not later than the 10th calendar day after the date the order is issued, the owner must file a notice of appeal and an appeal bond in an amount determined by the court from which the appeal is taken to be adequate to cover the estimated expenses incurred in housing and caring for the impounded animal during the appeal process. Not later than the fifth calendar day after the date the notice of appeal and appeal bond is filed, the court from which the appeal is taken shall deliver a copy of the court's transcript to the county court or county court at law to which the appeal is made. Not later than the 10th calendar day after the date the county court or county court at law, as appropriate, receives the transcript, the court shall dispose of the appeal.
The decision of the county court or county court at law under this section is final and may not be further appealed.
(b) While an appeal under this section is pending, the animal may not be:
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 2003, 78th Leg., ch. 1043, Sec. 2, eff. Sept. 1, 2003. [And as amended by Senate Bill 408 in 2009.]
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Relevant portions of Texas Senate Bill 408 amending Chapter 821:
SECTION 11. (a) Subsection (a), Section 821.025, Health and Safety Code, is amended to read as follows:
(a) An owner divested of ownership of an animal under Section 821.023 [ordered sold at public auction as provided in this subchapter] may appeal the order to a county court or county court at law in the county in which the justice or municipal court is located. As a condition of perfecting an appeal, not later than the 10th calendar day after the date the order is issued, the owner must file a notice of appeal and an appeal bond in an amount determined by the [justice or municipal] court from which the appeal is taken to be adequate to cover the estimated expenses incurred in housing and caring for the impounded animal during the appeal process. Not later than the fifth calendar day after the date the notice of appeal and appeal bond is filed, the court from which the appeal is taken shall deliver a copy of the court's transcript to the county court or county court at law to which the appeal is made. Not later than the 10th calendar day after the date the county court or county court at law, as appropriate, receives the transcript, the court shall dispose of the appeal. The decision of the county court or county court at law under this section is final and may not be further appealed. [An owner may not appeal an order:
[(1) to give the animal to a nonprofit animal shelter, pound, or society for the protection of animals; or
[(2) to humanely destroy the animal.]
(b) Subsection (a), Section 821.025, Health and Safety Code, as amended by this section, applies only to an appeal of a court order issued on or after the effective date of this Act. An appeal of a court order issued before the effective date of this Act is covered by the law in effect when the appeal was issued, and the former law is continued in effect for that purpose.
SECTION 14. Except as otherwise provided by this Act, the changes in law made by this Act apply only to an action filed on or after the effective date of this Act. An action filed before the effective date of this Act is governed by the law applicable to the action immediately before the effective date of this Act, and the former law is continued in effect for that purpose.
SECTION 15. Except as otherwise provided by this Act, this Act takes effect September 1, 2009.
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Subchapter B as it existed prior to 9/1/2009 (and still in effect for cases filed prior to that date):
SUBCHAPTER B. DISPOSITION OF CRUELLY TREATED ANIMALS
Sec. 821.021. DEFINITION.
In this subchapter, "cruelly treated" includes
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 821.0211. ADDITIONAL DEFINITION.
In this subchapter, "magistrate" means any officer as defined in Article 2.09, Code of Criminal Procedure, except that the term does not include justices of the supreme court, judges of the court of criminal appeals, or courts of appeals, judges or masters of statutory probate courts, or judges or masters of district courts that give preference to family law matters or family district courts under Subchapter D, Chapter 24, Government Code.
Acts 2003, 78th Leg., ch. 1043, Sec. 1, eff. Sept. 1, 2003.
Sec. 821.022. SEIZURE OF CRUELLY TREATED ANIMAL.
(a) If a peace officer or an
officer who has responsibility for animal control in a county or municipality
has reason to believe that an animal has been or is being cruelly treated, the
officer may apply to a justice court or magistrate in the county or to a
municipal court in the municipality in which the animal is located for a
warrant to seize the animal.
(b) On a showing of probable
cause to believe that the animal has been or is being cruelly treated, the
court or magistrate shall issue the warrant and set a time within 10 calendar
days of the date of issuance for a hearing in the appropriate justice court or
municipal court to determine whether the animal has been cruelly treated.
(c) The officer executing the
warrant shall cause the animal to be impounded and shall give written notice to
the owner of the animal of the time and place of the hearing.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1991, 72nd Leg., ch. 387, Sec. 1, eff. June 7, 1991; Acts 2003, 78th Leg., ch. 1043, Sec. 2, eff. Sept. 1, 2003.
Sec. 821.023. HEARING; ORDER OF DISPOSITION OR RETURN OF ANIMAL.
(a) A finding in a court of
competent jurisdiction that the owner of an animal is guilty of an offense
under Section 42.09 or 42.092, Penal Code, involving the animal is prima facie
evidence at a hearing authorized by Section 821.022 that the animal has been
cruelly treated.
(b) A statement of an owner
made at a hearing provided for under this subchapter is not admissible in a
trial of the owner for an offense under Section 42.09 or 42.092, Penal Code.
(c) Each interested party is
entitled to an opportunity to present evidence at the hearing.
(d) If the court finds that
the animal's owner has cruelly treated the animal,
the
owner shall be divested of ownership of the animal, and
the
court shall:
(e) A court that finds that an animal's owner has cruelly treated the animal shall order the owner to pay all court costs, including costs of:
(f) The court may order
that an animal disposed of under Subsection (d)(1) or (d)(2) be spayed or
neutered at the cost of the receiving party.
(g) The court shall order the
animal returned to the owner if the court does not find that the animal's owner
has cruelly treated the animal.
Acts 1989, 71st Leg., ch. 678, Sec. 1,
eff. Sept. 1, 1989. Amended by Acts
1991, 72nd Leg., ch. 157, Sec. 1, eff. Aug. 26, 1991;
Acts 1995, 74th Leg., ch. 76, Sec. 14.43, 14.44, eff. Sept.
1, 1995; Acts 2003, 78th Leg., ch. 1043, Sec. 2, eff. Sept.
1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 886, Sec. 4, eff. September
1, 2007.
Sec. 821.024. SALE OR DISPOSITION OF CRUELLY TREATED ANIMAL.
(a) Notice of an auction
ordered under this subchapter must be posted on a public bulletin board where
other public notices are posted for the county or municipality. At the auction, a bid by the former owner of
a cruelly treated animal or the owner's representative may not be accepted.
(b) Proceeds from the sale
of the animal shall be applied first to any costs owed by the former owner
under Section 821.023(e). The officer conducting the auction shall pay any
excess proceeds to the justice or municipal court ordering the auction. The court shall return the excess proceeds
to the former owner of the animal.
(c) If the officer is unable
to sell the animal at auction, the officer may cause the animal to be humanely
destroyed or may give the animal to a nonprofit animal shelter, pound, or
society for the protection of animals.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1991, 72nd Leg., ch. 387, Sec. 2, eff. June 7, 1991; Acts 2003, 78th Leg., ch. 1043, Sec. 2, eff. Sept. 1, 2003.
Sec. 821.025. APPEAL.
(a) An owner of an animal
ordered sold at public auction as provided in this subchapter may appeal the
order to a county court or county court at law in the county in which the
justice or municipal court is located.
As a condition of perfecting an appeal, 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 incurred in housing and caring for the
impounded animal during the appeal process.
The
decision of the county court or county court at law may not be further appealed.
An
owner may not appeal an order:
(b) While an appeal under this section is pending, the animal may not be:
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 2003, 78th Leg., ch. 1043, Sec. 2, eff. Sept. 1, 2003.