Texas Health and Safety Code 822.0421 – Determination That Dog Is Dangerous
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(a) If a person reports an incident described by § 822.041(2), 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.
Terms Used In Texas Health and Safety Code 822.0421
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- in writing: includes any representation of words, letters, or figures, whether by writing, printing, or other means. See Texas Government Code 312.011
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Justice: when applied to a magistrate, means justice of the peace. See Texas Government Code 312.011
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- sworn: includes affirm or affirmed. See Texas Government Code 312.011
- United States: includes a department, bureau, or other agency of the United States of America. See Texas Government Code 311.005
(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 § 822.0424.