(a) The governing body of a municipality and the commissioners court of a county may adopt ordinances or rules under Section 826.014 or 826.015 to require that:
(1) each dog or cat be restrained by its owner;
(2) each stray dog or cat be declared a public nuisance;
(3) each unrestrained dog or cat be detained or impounded by the local rabies control authority or that officer's designee;
(4) each stray dog or cat be impounded for a period set by ordinance or rule; and
(5) a humane disposition be made of each unclaimed stray dog or cat on the expiration of the required impoundment period.
(b) A jurisdiction may not be subject to dual restraint ordinances or rules.
(c) The enforcing agency may adopt an ordinance setting a fee for the impoundment and board of a dog or cat during the impoundment period. The animal's owner must pay the fee before the animal may be released.
(d) The enforcing agency shall deposit the fees collected in the treasury of the enforcing agency. The fees may be used only to help defray the cost of administering this chapter or the ordinances or rules of the enforcing agency within its jurisdiction.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Amended by Acts 1995, 74th Leg., ch. 44, § 6, eff. May 5, 1995.