HB 1046 - Animal Abuse Appeals Legislation

Under current law (Chapter 821B of the Health & Safety Code) when law enforcement officers seize cruelly treated animals the trial to determine whether or not the owner will be divested of ownership is held within 10 days in a Municipal or Justice of the Peace Court and the decision of that court is final and not appealable.  HB 1046 will change that and allow the owner to appeal the Municipal or Justice Court's decision and get an entirely new trial.  If this bill passes, city and county attorneys will have to try these cruelty cases twice, which will be very costly to the cities and counties and will make the seizure and disposition of cruelly treated animals by law enforcement officers much more difficult and much more expensive.  Many small towns and lesser populated counties (where starving horses and puppy mills most often are) will not have the resources to pursue these types of cases.

For more information on HB 1046, see the Texas Humane Legislative Network.