For the purpose of this article, the following definitions shall apply, unless the context clearly indicates or requires a different meaning:
Dangerous dog.
A dog that:
(1) 
Makes an unprovoked attack on a person that causes serious bodily injury and occurs in a place other than an enclosure in which the dog was being kept and that was reasonably certain to prevent the dog from leaving the enclosure on its own; or
(2) 
Commits unprovoked acts in a place other than an enclosure in which the dog was being kept and that was reasonably certain to prevent the dog from leaving the enclosure on its own and those acts cause a person to reasonably believe that the dog will attack and cause bodily injury to that person.
Owner.
A person who owns or has custody or control of the dog.
Secure enclosure.
A fenced area or structure that is:
(1) 
Locked;
(2) 
Capable of preventing the entry of the general public, including children;
(3) 
Capable of preventing the escape or release of a dog;
(4) 
Clearly marked as containing a dangerous dog; and
(5) 
In conformance with the requirements for enclosures established by the local animal control authority.
(Ordinance 444 adopted 11/1/2022)
(a) 
Not later than the 30th day after a person learns that the person is the owner of a dangerous dog, the person shall:
(1) 
Register the dangerous dog with the animal control authority for the area in which the dog is kept;
(2) 
Restrain the dangerous dog at all times on a leash in the immediate control of a person or in a secure enclosure marked "dangerous dog";
(3) 
Obtain liability insurance coverage or show financial responsibility in an amount of at least $100,000.00 to cover damages resulting from an attack by the dangerous dog causing bodily injury to a person and provide proof of the required liability insurance coverage or financial responsibility to the animal control authority for the area in which the dog is kept; and
(b) 
The owner of a dangerous dog who does not comply with subsection (a) shall deliver the dog to the animal control authority not later than the 30th day after the owner learns that the dog is a dangerous dog.
(c) 
If, on application of any person, a justice court, county court, or municipal court finds, after notice and hearing as provided by section 2.06.004 of this article, that the owner of a dangerous dog has failed to comply with subsection (a) or (b), the court shall order the animal control authority to seize the dog and shall issue a warrant authorizing the seizure. The authority shall seize the dog or order its seizure and shall provide for the impoundment of the dog in secure and humane conditions.
(d) 
The owner shall pay any cost or fee assessed by the municipality or county related to the seizure, acceptance, impoundment, or destruction of the dog. The governing body of the municipality or county may prescribe the amount of the fees.
(e) 
Subject to subsection (f), the court shall order the animal control authority to humanely destroy the dog if the owner has not complied with subsection (a) before the 11th day after the date on which the dog is seized or delivered to the authority. The court shall order the authority to return the dog to the owner if the owner complies with subsection (a) before the 11th day after the date on which the dog is seized or delivered to the authority.
(f) 
Notwithstanding any other law or local regulation:
(1) 
Any order to destroy a dog is stayed for a period of 10 calendar days from the date the order is issued, during which period the dog's owner may file a notice of appeal; and
(2) 
A court, including a justice court, may not order the destruction of a dog during the pendency of an appeal under section 2.06.005.
(g) 
The court may order the humane destruction of a dog if the owner of the dog has not been located before the 15th day after the seizure and impoundment of the dog.
(h) 
For purposes of this section, a person learns that the person is the owner of a dangerous dog when:
(1) 
The owner knows of an attack described in section 2.06.001 definition of "dangerous dog";
(2) 
The owner receives notice that a justice court, county court, or municipal court has found that the dog is a dangerous dog under section 2.06.004(b); or
(3) 
The owner is informed by the animal control authority that the dog is a dangerous dog under section 2.06.003.
(Ordinance 444 adopted 11/1/2022)
(a) 
If a person reports an incident described by section 2.06.001 definition of "dangerous dog" subsection (1), the animal control authority may investigate the incident. If, after receiving the sworn statements of any witnesses, the animal control authority determines the dog is a dangerous dog, the animal control authority shall notify the owner in writing of the determination.
(b) 
Notwithstanding any other law, including a municipal ordinance, an owner, not later than the 15th day after the date the owner is notified that a dog owned by the owner is a dangerous dog, may appeal the determination of the animal control authority to a justice, county, or municipal court of competent jurisdiction.
(c) 
To file an appeal under subsection (b), the owner must:
(1) 
File a notice of appeal of the animal control authority's dangerous dog determination with the court;
(2) 
Attach a copy of the determination from the animal control authority; and
(3) 
Serve a copy of the notice of appeal on the animal control authority by mailing the notice through the United States Postal Service.
(d) 
An owner may appeal the decision of the justice or municipal court under subsection (b) in the manner described by section 2.06.005.
(Ordinance 444 adopted 11/1/2022)
(a) 
The court, on application under section 2.06.002, shall set a time for a hearing to determine whether the dog is a dangerous dog or whether the owner of the dog has complied with section 2.06.002. The hearing must be held not later than the 10th day after the date on which the dog is seized or delivered.
(b) 
The court shall give written notice of the time and place of the hearing to:
(1) 
The owner of the dog or the person from whom the dog was seized; and
(2) 
The person who made the complaint.
(c) 
Any interested party, including the county or city attorney, is entitled to present evidence at the hearing.
(d) 
The court shall determine the estimated costs to house and care for the impounded dog during the appeal process and shall set the amount of bond for an appeal adequate to cover those estimated costs.
(e) 
An owner or person filing the action may appeal the decision of the municipal or justice court in the manner described by section 2.06.005.
(Ordinance 444 adopted 11/1/2022)
(a) 
A party to an appeal under section 2.06.003(d) or a hearing under section 2.06.004 may appeal the decision to a county court or county court at law in the county in which the justice or municipal court is located and is entitled to a jury trial on request.
(b) 
As a condition of perfecting an appeal, not later than the 10th calendar day after the date the decision is issued, the appellant must file a notice of appeal and, if applicable, an appeal bond in the amount determined by the court from which the appeal is taken.
(c) 
Notwithstanding section 30.00014, Government Code, or any other law, a person filing an appeal from a municipal court under subsection (a) is not required to file a motion for a new trial to perfect an appeal.
(Ordinance 444 adopted 11/1/2022)
(a) 
An animal control authority for the area in which the dog is kept shall annually register a dangerous dog if the owner:
(1) 
Presents proof of:
(A) 
Liability insurance or financial responsibility, as required by section 2.06.002;
(B) 
Current rabies vaccination of the dangerous dog; and
(C) 
The secure enclosure in which the dangerous dog will be kept; and
(2) 
Pays an annual registration fee of $50.00.
(b) 
The animal control authority shall provide to the owner registering a dangerous dog a dangerous dog collar. The owner must place the collar on the dog.
(c) 
An owner of a registered dangerous dog shall notify the office in which the dangerous dog was registered of any attacks the dangerous dog makes on people.
(Ordinance 444 adopted 11/1/2022)
(a) 
A person commits an offense if:
(1) 
The person is the owner of a dog previously determined to be a dangerous dog under this article and the dog makes an unprovoked attack on another person outside the dog's enclosure and causes bodily injury to the other person; or
(2) 
The person is the owner of a dog and the dog makes an unprovoked attack on another person outside the dog's enclosure and causes serious bodily injury or death to the other person.
(b) 
An offense under this section is a class C misdemeanor.
(c) 
If a person is found guilty of an offense under this section, the court may order the dangerous dog destroyed by animal control authority or a third party authorized by the animal control authority.
(Ordinance 444 adopted 11/1/2022)
(a) 
A person who owns or keeps custody or control of a dangerous dog commits an offense if the person fails to comply with section 2.06.002 or an applicable municipal or county regulation relating to dangerous dogs.
(b) 
Except as provided by subsection (c), an offense under this section is a class C misdemeanor.
(c) 
An offense under this section is a class B misdemeanor if it is shown on the trial of the offense that the defendant has previously been convicted under this section.
(Ordinance 444 adopted 11/1/2022)
(a) 
It is a defense to prosecution under section 2.06.007 or section 2.06.008 that the person is a veterinarian, a peace officer, a person employed by a recognized animal shelter, or a person employed by the state or a political subdivision of the state to deal with stray animals and has temporary ownership, custody, or control of the dog in connection with that position.
(b) 
It is a defense to prosecution under section 2.06.007 or section 2.06.008 that the person is an employee of the institutional division of the Texas Department of Criminal Justice or a law enforcement agency and trains or uses dogs for law enforcement or corrections purposes.
(c) 
It is a defense to prosecution under section 2.06.007 or section 2.06.008 that the person is a dog trainer or an employee of a guard dog company under chapter 1702, Occupations Code.
(Ordinance 444 adopted 11/1/2022)