85R2917 KKR-F     By: Farrar H.B. No. 748       A BILL TO BE ENTITLED   AN ACT   relating to certain costs associated with certain court proceedings   for cruelly treated animals; authorizing fees and costs.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 821.023(e), Health and Safety Code, is   amended to read as follows:          (e)  After a court finds that an animal's owner has cruelly   treated the animal, the court:                (1)  in a county or municipality with a population of at   least 700,000, may order the owner to pay the county's or   municipality's reasonable attorney's fees; and                (2)  shall order the owner to pay all court costs,   including:                      (A) [(1)]  the administrative costs of:                            (i) [(A)]  investigation;                            (ii) [(B)]  expert witnesses; and                            (iii) [(C)]  conducting any public sale   ordered by the court; and                      (B) [(2)]  the costs incurred by a municipal or   county animal shelter or a nonprofit animal welfare organization   in:                            (i) [(A)]  housing and caring for the animal   during its impoundment; and                            (ii) [(B)]  humanely destroying the animal   if destruction is ordered by the court.          SECTION 2.  Section 821.025, Health and Safety Code, is   amended by adding Subsection (i) to read as follows:          (i)  In a county or municipality with a population of at   least 700,000, a county court or county court at law that issues a   decision in an appeal under this section finding that an animal's   owner has cruelly treated the animal may order the owner to pay the   county's or municipality's reasonable attorney's fees and court   costs, including the costs of investigation and expert witnesses.          SECTION 3.  Section 103.0214, Government Code, is amended to   read as follows:          Sec. 103.0214.  ADDITIONAL FEES AND COSTS IN CRIMINAL OR   CIVIL CASES:  HEALTH AND SAFETY CODE. An accused or defendant, or a   party to a civil suit, as applicable, shall pay the following fees   and costs under the Health and Safety Code if ordered by the court   or otherwise required:                (1)  a fee to defray the cost of notifying state   agencies of orders of expungement (Sec. 161.255, Health and Safety   Code) . . . $30 per application; and                (2)  on a finding that an animal's owner has cruelly   treated the animal, court costs including:                      (A)  investigation (Secs. [Sec.] 821.023 and   821.025, Health and Safety Code) . . . actual costs;                      (B)  expert witnesses (Secs. [Sec.] 821.023 and   821.025, Health and Safety Code) . . . actual costs;                      (C)  housing and caring for the animal during its   impoundment (Sec. 821.023, Health and Safety Code) . . . actual   costs;                      (D)  conducting any public sale ordered by the   court (Sec. 821.023, Health and Safety Code) . . . actual costs;   [and]                      (E)  humanely destroying the animal if   destruction is ordered by the court (Sec. 821.023, Health and   Safety Code) . . . actual costs; and                      (F)  reasonable attorney's fees (Secs. 821.023   and 821.025, Health and Safety Code) . . . actual costs.          SECTION 4.  The change in law made by this Act applies only   to a proceeding commenced under Section 821.023 or 821.025, Health   and Safety Code, on or after the effective date of this Act. A   proceeding commenced before the effective date of this Act is   governed by the law as it existed at the time the proceeding was   commenced, and the former law is continued in effect for that   purpose.          SECTION 5.  This Act takes effect September 1, 2017.