The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Animal control authority
means the city animal control office with authority over the area where the dog is kept.
Dangerous dog
means a dog that:
(1) 
Makes an unprovoked attack on a person that causes 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.
Dog
means a domesticated animal that is a member of the canine family.
Secure enclosure
means 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 animal control authority.
Owner
means a person who owns or has custody or control of the dog.
(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;
(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
(4) 
Comply with an applicable municipal or county regulation, requirement, or restriction on dangerous dogs.
(b) 
The owner of a dangerous dog who does not comply with subsection (a) of this section 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 8-226, that the owner of a dangerous dog has failed to comply with subsection (a) or (b) of this section, 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 city related to the seizure, acceptance, impoundment, or destruction of the dog. The city council may prescribe the amount of the fees.
(e) 
The court shall order the animal control authority to humanely destroy the dog if the owner has not complied with subsection (a) of this section before the 11th day after the date on which the dog is seized or delivered to the authority, except that, notwithstanding any other law or local regulation, the court may not order the destruction of a dog during the pendency of an appeal under section 8-227. The court shall order the authority to return the dog to the owner if the owner complies with subsection (a) of this section before the 11th day after the date on which the dog is seized or delivered to the authority.
(f) 
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.
(g) 
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 of a dangerous dog as defined in section 8-221;
(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 8-224; or
(3) 
The owner is informed by the animal control authority that the dog is a dangerous dog under section 8-224.
(a) 
If a person reports an incident as defined by section 8-221, 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) of this section 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 municipal court under subsection (b) of this section in the manner described by section 8-227.
(a) 
This section applies only to a municipality in which the governing body has adopted an ordinance electing to be governed by this section.
(b) 
A person may report an incident described by section 8-229 to a municipal court, a justice court, or a county court. The owner of the dog shall deliver the dog to the animal control authority not later than the fifth day after the date on which the owner receives notice that the report has been filed. The authority may provide for the impoundment of the dog in secure and humane conditions until the court orders the disposition of the dog.
(c) 
If the owner fails to deliver the dog as required by subsection (b) of this section 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 until the court orders the disposition of the dog. The owner shall pay any cost incurred in seizing the dog.
(d) 
The court shall determine, after notice and hearing as provided in section 8-226 whether the dog is a dangerous dog.
(e) 
The court, after determining that the dog is a dangerous dog, may order the animal control authority to continue to impound the dangerous dog in secure and humane conditions until the court orders disposition of the dog under section 8-226 and the dog is returned to the owner or destroyed.
(f) 
The owner shall pay a cost or fee assessed under section 8-226.
(a) 
The court, on receiving a report of an incident under section 8-225 or on application under section 8-228 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 8-223. The hearing must be held not later than the tenth 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 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 court in the manner described by section 8-227.
(a) 
A party to an appeal under subsection (d) of this section or a hearing under section 8-226 may appeal the decision to a county court or county court at law in the county and is entitled to a jury trial on request.
(b) 
As a condition of perfecting an appeal, not later than the tenth 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 V.T.C.A., Government Code § 30.00014, or any other law, a person filing an appeal from the municipal court under subsection (a) of this section is not required to file a motion for a new trial to perfect an appeal.
(d) 
A decision of a county court or county court at law under this section may be appealed in the same manner as an appeal for any other case in a county court or county court at law.
(e) 
Notwithstanding any other law, a county court or a county court at law has jurisdiction to hear an appeal filed under this section.
(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 8-223(a);
b. 
Current rabies vaccination of the dangerous dog;
c. 
The secure enclosure in which the dangerous dog will be kept; and
(2) 
Pays an annual registration fee which is maintained in the schedule of fees on file in the city secretary's office.
(b) 
The animal control authority shall provide to the owner registering a dangerous dog a registration tag. The owner must place the tag on the dog's collar.
(c) 
If an owner of a registered dangerous dog sells or moves the dog to a new address, the owner, not later than the 14th day after the date of the sale or move, shall notify the animal control authority for the area in which the new address is located. On presentation by the current owner of the dangerous dog's prior registration tag and payment of a fee of $25.00, the animal control authority shall issue a new registration tag to be placed on the dangerous dog's collar.
(d) 
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.
(a) 
A person commits an offense if the person is the owner of a dangerous dog and the dog makes an unprovoked attack on another person outside the dog's enclosure and causes bodily injury 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 a person listed in V.T.C.A., Health and Safety Code § 822.004.
(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 8-223 or 8-228.
(b) 
Except as provided by subsection (c) of this section, 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.
(a) 
It is a defense to prosecution under section 8-229 or 8-230 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 8-229 or 8-230 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 8-229 or 8-230 that the person is a dog trainer or an employee of a guard dog company under V.T.C.A., Occupations Code ch. 1702.