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Listener: John Miller, Democrat candidate for Pct 1 commissioner
Category: General
Date: 18 Feb 2008
Time: 12:38:38 -0700
Remote Name: 69.149.121.29
I heard County Commissioner McCay on KRFE AM580 this
morning say he couldn’t do anything about the pit bulls. Well folks, you can –
and you don’t need a hunting license according to the state law (Health & Safety
Code):
§ 822.013. DOGS OR COYOTES THAT ATTACK ANIMALS. (a) A Dog or coyote that is
attacking, is about to attack, or has recently attacked livestock, domestic
animals, or fowls may be killed by:
(1) any person witnessing the attack; or
(2) the attacked animal's owner or a person acting on behalf of the owner if the
owner or person has knowledge of the attack.
(b) A person who kills a dog or coyote as provided by this section is not liable
for damages to the owner, keeper, or person in control of the dog or coyote.
(c) A person who discovers on the person's property a dog or coyote known or
suspected of having killed livestock, domestic animals, or fowls may detain or
impound the dog or coyote and return it to its owner or deliver the dog or
coyote to the local animal control authority. The owner of the dog or coyote is
liable for all costs incurred in the capture and care of the dog or coyote and
all damage done by the dog or coyote.
(d) The owner, keeper, or person in control of a dog or coyote that is known to
have attacked livestock, domestic animals, or fowls shall control the dog or
coyote in a manner approved by the local animal control authority.
(e) A person is not required to acquire a hunting license under Section 42.002,
Parks and Wildlife Code, to kill a dog or coyote under this section.
John Miller
Candidate for Prec. 1 County Commissioner
Pratt responds:
Miller is correct in the general sense. But McCay was likely saying that as "commissioner" he couldn't do anything which is correct. We don't need action from local government when state law is clear that a citizen already has the right to act.
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