(a) The court, on receiving a report of an incident under § 822.0422 or on application under § 822.042(c), 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 § 822.042. 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.

Terms Used In Texas Health and Safety Code 822.0423

  • 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.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • 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
  • Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005

(c) Any interested party, including the county or city attorney, is entitled to present evidence at the hearing.
(c-1) 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.
(d) An owner or person filing the action may appeal the decision of the municipal or justice court in the manner described by § 822.0424.

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