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A BILL TO BE ENTITLED
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AN ACT
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relating to restrictions on the operations of public and private |
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animal shelters, providing a penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. SHORT TITLE. This Act may be cited as the |
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Companion Animal Protection Act of 2011. |
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SECTION 2. Chapter 823, Health and Safety Code, is amended |
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by adding Section 823.010 to read as follows: |
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Sec. 823.010. STATEMENT OF LEGISLATIVE INTENT. (a) It is |
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the intent of the State of Texas to curtail the killing of savable |
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animals in the state. In order to accomplish this, the State of |
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Texas finds and declares: |
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(1) protecting animals is a legitimate and compelling |
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public interest; |
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(2) the killing of savable animals in animal shelters |
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is a tragedy, the incidence of which ought to be curtailed; |
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(3) no animal should be killed if the animal can be |
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placed in a suitable home, if a private sheltering agency or rescue |
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group is willing to take care and custody of the animal for purposes |
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of adoption, or, in the case of feral cats, if they can be |
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sterilized and released to their habitats; |
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(4) animals held in shelters deserve proper care and |
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humane treatment; |
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(5) shelters have a duty to make all savable animals |
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available for adoption for a reasonable period of time; |
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(6) owners of lost animals should have a reasonable |
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period of time within which to redeem their animals; |
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(7) shelters should not kill savable animals at the |
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request of their owners; |
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(8) all efforts should be made to encourage the |
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voluntary spaying and neutering of animals; |
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(9) when animals are killed, it should be done as |
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humanely and compassionately as possible; |
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(10) taxpayers and community members deserve full and |
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complete disclosure about how animal shelters operate; |
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(b) The State of Texas further finds and declares that all |
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public and private sheltering agencies that operate within the |
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state shall: |
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(1) commit themselves to ending the killing of savable |
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animals in their care and custody; |
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(2) work with other animal adoption organizations to |
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promote the adoption of animals and to reduce euthanasia rates; |
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(3) provide every animal in their custody with |
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individual consideration and care to the maximum extent |
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practicable; |
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(4) not ban, bar, limit or otherwise obstruct the |
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adoption of any animal based on arbitrary criteria, such as breed, |
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age, color, or other criteria except as to the individual animal's |
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medical condition or aggression, or the adopter's fitness to adopt. |
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SECTION 2. Chapter 823, Health and Safety Code is amended to |
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add Section 823.011 to read as follows: |
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Section 823.011. DEFINITIONS. For purposes of this Act, |
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the following definitions shall apply: |
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(a) a "Public Sheltering Agency" is an animal shelter or |
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animal adoption group that receives city, county or state funding |
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and/or has a contract with a city, county or state under which it |
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accepts stray or owner-relinquished animals. |
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(b) a "Private Sheltering Agency" is an animal shelter or |
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animal adoption group which is designated as a non-profit under |
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Section 501(c)(3) of the Internal Revenue Code which does not |
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receive city, county or state funding or have a contract with the |
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city, county or state under which it accepts stray or |
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owner-relinquished animals and is not operated from a private |
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residence. |
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(c) a "Rescue Group" is a collaboration of individuals not |
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operated for a profit, whose primary stated purpose is animal |
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protection, which places into new homes stray and/or |
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owner-relinquished animals and/or animals who have been removed |
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from a public or private sheltering agency. Individual rescuers |
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who keep animals in their own homes but are not part of a larger |
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collaboration are not a rescue group for purposes of this Act. |
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(d) an "Animal" is any domestic non-human living creature |
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normally kept as a pet, or a feral cat. |
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(e) an "Impounded animal" is any animal who enters a public |
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or private sheltering agency or rescue group regardless of whether |
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the animal is a stray, owner-relinquished, seized, taken into |
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protective custody, or transferred from another private or public |
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sheltering agency. |
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(f) a "Stray animal" is any animal who is impounded without |
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a known owner present at impound who is voluntarily relinquishing |
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custody. |
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(g) a "Savable animal" is any animal who is either healthy |
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or treatable, and is not a vicious or dangerous dog. |
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(h) a "Healthy animal" is any animal who is not sick or |
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injured. |
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(i) a "Treatable animal" is any animal who is sick or |
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injured, whose prognosis for rehabilitation of that illness and/or |
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injury is excellent, good, fair, or guarded as determined by a |
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veterinarian licensed to practice in this state. |
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(j) a "Non-rehabilitatable animal" is any animal with |
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severe illness or injury whose prognosis for rehabilitation is |
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either poor or grave as determined by a veterinarian licensed to |
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practice in this state. |
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(k) an "Irremediably Suffering animal" is any animal with a |
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medical condition who has a poor or grave prognosis for being able |
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to live without severe, unremitting pain, as determined by a |
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veterinarian licensed to practice in this state. |
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(l) a "Feral Cat" is a cat who is free-roaming, unsocialized |
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to humans, and unowned. |
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(m) a "Feral Cat Caregiver" is someone who cares for feral |
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cats and has an interest in protecting the cats, but is not the |
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owner of those cats. |
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(n) an "Unweaned animal" is any neonatal animal who, in the |
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absence of his/her mother, requires supplemental bottle feeding by |
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humans in order to survive. In the case of puppies and kittens, |
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unweaned animals are animals who fit the above description and are |
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from 0 to 4 weeks of age. |
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(o) a "Litter of animals" includes two or more animals who |
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are under twelve weeks of age as determined by a veterinarian |
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licensed to practice medicine in this state, or by a veterinary |
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technician or veterinary assistant working under the direction of a |
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veterinarian licensed to practice medicine in this state. |
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(p) a "Vicious Dog" is a dog who exhibits aggression to |
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people even when the dog is not hungry, in pain, or frightened, and |
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whose prognosis for rehabilitation of that aggression is poor or |
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grave as determined by a trained behaviorist who is an expert on |
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canine behavior. |
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(q) a "Dangerous Dog" is a dog adjudicated to be vicious by a |
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court of competent jurisdiction and where all appeals of that |
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judicial determination have been unsuccessful. |
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SECTION 3. Chapter 823, Health and Safety Code is amended to |
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add Section 823.012 to read as follows: |
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Section 823.012. STERILIZATION REQUIREMENTS. (a) Except |
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as otherwise provided in this section, no public or private |
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sheltering agency or rescue group shall sell, adopt, or give away |
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to a new owner any dog, cat, rabbit, or other animal who has not been |
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spayed or neutered, except that this section shall not apply to |
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reptiles, amphibians, birds, fish, and small animals such as mice |
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and hamsters, where the anesthesia or sterilization procedure is |
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likely to result in the animal's death. |
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(b) If a veterinarian licensed to practice veterinary |
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medicine in this state certifies that an animal is too sick or |
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injured to be spayed or neutered, or that it would otherwise be |
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detrimental to the health of the animal to be spayed or neutered, |
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the adopter or purchaser shall be exempt from the requirements of |
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this Section. |
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SECTION 4. Chapter 823, Health and Safety Code is amended by |
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adding Section 823.013 to read as follows: |
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Section 823.012. OFFENSES AND PENALTIES. (a) A person is |
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subject to civil penalties of not less than two hundred dollars |
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($200) or more than five hundred dollars ($500) if that person does |
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any of the following: |
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(1) falsifies any proof of spaying or neutering |
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submitted for the purpose of compliance with this Act; |
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(2) intentionally issues a check for insufficient |
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funds for any spaying or neutering deposit required under this Act; |
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(3) falsifies a signed letter from a veterinarian |
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submitted for the purpose of compliance with this Act, certifying |
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that an animal is too sick or injured to be spayed or neutered. |
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(b) An action for a penalty proposed under this section may |
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be commenced in a court of competent jurisdiction by the |
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administrator of the public or private animal sheltering agency or |
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rescue group from which the recipient obtained the animal who is the |
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subject of the violation. |
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(c) All penalties collected under this section shall be |
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retained by the agency bringing the action under subsection (b) to |
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be used solely for programs to spay or neuter animals. |
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SECTION 5. Chapter 823, Health and Safety Code is amended to |
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add Section 823.014 to read as follows: |
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Section 823.014. FERAL CATS. (a) Caretakers of feral cats |
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shall be exempted from any provision of law proscribing the feeding |
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of stray animals, requiring permits for the feeding of animals, |
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requiring the confinement of cats, or limiting the number of |
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animals a person can own, harbor, or have custody of, except that |
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nothing in this section shall be construed to limit the enforcement |
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of a statute having as its effect the prevention or punishment of |
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animal neglect or cruelty, so long as such enforcement is based on |
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the conditions of animals, and not based on the mere fact that a |
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person is feeding feral cats in a public or private location. |
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(b) In order to encourage spay/neuter of feral cats and to |
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protect cats, public or private sheltering agencies or rescue |
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groups shall not lend, rent, or otherwise provide traps to the |
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public to capture cats, except to a person for the purpose of |
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catching and reclaiming that person's wayward cat(s), to capture |
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injured or sick cats or cats otherwise in danger, to capture feral |
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kittens for purposes of taming and adoption, or, in the case of |
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feral cats, for purposes of spay/neuter and subsequent re-release; |
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(1) For purposes of this subsection, the location of |
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the cats, without more, does not constitute "otherwise in danger"; |
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(2) A person is subject to civil penalties of not less |
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than two hundred dollars ($200) or more than five hundred dollars |
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($500) if that person uses a trap from a public or private |
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sheltering agency or rescue group for purposes other than those |
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enumerated above. |
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(c) An action for a penalty proposed under this section may |
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be commenced in a court of competent jurisdiction by the |
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administrator of the public or private animal sheltering agency or |
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rescue group from which the recipient obtained the trap that is the |
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subject of the violation. |
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(d) All penalties collected under this section shall be |
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retained by the agency bringing the action under subsection (c) to |
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be used solely for programs to spay or neuter animals. |
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SECTION 6. Chapter 823, Health and Safety Code is amended by |
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adding Section 823.015 to read as follows: |
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Section 823.015. HOLDING PERIODS. (a) The required |
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holding period for a stray animal impounded by any public or private |
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sheltering agency shall be at least five business days, not |
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including the day of impoundment, unless otherwise provided in this |
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section: |
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(1) Stray animals without any form of identification |
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and without a known owner shall be held for owner redemption during |
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the first two days of the holding period, not including the day of |
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impoundment, and shall be available for owner redemption, transfer, |
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and adoption for the remainder of the holding period; |
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(2) Stray animals may be adopted into new homes or |
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transferred to a rescue group or private sheltering agency for the |
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purpose of adoption after the first two days of the holding period, |
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not including the day of impoundment, except as provided in |
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subsections (a)(3) to (9); |
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(3) If a stray animal is impounded with a license tag, |
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microchip, or other form of identification, or belongs to a known |
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owner, the animal shall be held for owner redemption during the |
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first three days of the holding period, not including the day of |
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impoundment, and shall be available for owner redemption, transfer, |
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and adoption for the remainder of the holding period; |
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(4) Litters of animals or individual members of a |
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litter of animals, including the nursing mother, and unweaned |
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animals may be transferred to a private sheltering agency or rescue |
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group for the purpose of adoption immediately after impound; |
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(5) Individual members of litters of animals who are |
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at least six weeks of age, including the mother, may be adopted |
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immediately upon impound; |
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(6) A feral cat caregiver has the same right of |
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redemption for feral cats as an owner of a pet cat, without |
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conferring ownership of the cat(s) on the caregiver; |
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(7) Irremediably suffering animals may be euthanized |
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without delay, upon a determination made in writing and signed by a |
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veterinarian licensed to practice medicine in this state. That |
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certification shall be made available for free public inspection |
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for no less than three years; |
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(8) Symptomatic dogs with confirmed cases of |
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parvovirus or cats with confirmed cases of panleukopenia may be |
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euthanized without delay, upon a certification made in writing and |
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signed by a veterinarian licensed to practice medicine in this |
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state that the prognosis is poor even with supportive care. That |
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certification shall be made available for free public inspection |
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for no less than three years; |
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(9) Unweaned animals impounded without their mother |
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may be killed so long as the shelter has exhausted all efforts to |
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place the animals in foster care, made an emergency appeal under the |
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requirements of Section 9, and certified that it is unable to |
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provide the needed care and feeding in its facility. That |
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certification shall also state in clear and definitive terms why |
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the agency is unable to place the animals in foster care, which |
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private sheltering agencies and rescue groups it made an appeal to, |
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and what would be required in the future in order to provide the |
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needed care and feeding in foster care or its facility, and what |
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steps are being taken to do so. This certification shall be made in |
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writing, signed by the director of the agency or by a veterinarian, |
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and be made available for free public inspection for no less than |
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three years. |
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SECTION 7. Chapter 823, Health and Safety Code, is amended |
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by adding Section 823.016 to read as follows: |
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Section 823.016. SPECIAL PROVISIONS RELATED TO |
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OWNER-RELINQUISHED ANIMALS. (a) The required holding period for |
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an owner relinquished animal impounded by public or private |
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sheltering agencies shall be the same as that for stray animals and |
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applies to all owner relinquished animals, except as follows: |
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(1) Any owner-relinquished animal that is impounded |
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shall be held for adoption or for transfer to a private sheltering |
|
agency or rescue group for the purpose of adoption for the entirety |
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of the holding period; |
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(2) Owner-relinquished animals may be adopted into new |
|
homes or transferred to a private sheltering agency or rescue group |
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for the purpose of adoption at any time after impoundment. |
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(b) When an animal is surrendered or brought to a shelter to |
|
be killed at the owner's request, the animal shall be subject to the |
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same holding periods and the same requirements of all owner |
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relinquished animals notwithstanding the request. |
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(c) An animal seized by an officer of a public or private |
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sheltering agency under the provisions of a state statute having as |
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its effect the prevention or punishment of animal neglect or |
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cruelty, or seized under the provision of state dangerous dog laws |
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or under state quarantine or disease control regulations, shall be |
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impounded and held as consistent with the requirements of those |
|
laws, except that holding periods under this Chapter shall be |
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observed to the maximum extent practicable. |
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SECTION 8. Chapter 823, Health and Safety Code, is amended |
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by adding Section 823.021 to read as follows: |
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Section 823.021. ADDITIONAL PROGRAMS AND DUTIES. (a) All |
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public and private sheltering agencies that kill animals shall |
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maintain a registry of organizations willing to accept animals for |
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the purposes of adoption, as follows: |
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(1) All public or private sheltering agencies, and |
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rescue groups designated as non-profits by Section 501(c)(3) of the |
|
Internal Revenue Code, shall be immediately placed on this registry |
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upon their request, regardless of the organizations' geographical |
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location or any other factor except as described under subsection |
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(a)(5); |
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(2) The public or private sheltering agency may, but |
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is not required to, include on the registry any rescue groups that |
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are not designated as non-profits under Section 501(c)(3) of the |
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Internal Revenue Code; |
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(3) The registry shall include the following |
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information as provided by the registered organization: |
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organization name, mailing address, and telephone number; website |
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and e-mail address, if any; emergency contact information for the |
|
organization; the types of animals about whom the organization |
|
wishes to be contacted, including species-type and breed; and |
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whether or not the organization is willing and able to care for |
|
unweaned animals, sick or injured animals, and/or feral or |
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aggressive animals; |
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(4) All public and private sheltering agencies shall |
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seek organizations to include on the registry; |
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(5) A public or private sheltering agency may refuse |
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to include an organization on the registry, or delete it from the |
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registry, until such time as this is no longer the case, if any of |
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the organization's current directors and/or officers have been |
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convicted in a court of competent jurisdiction of a crime |
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consisting of cruelty to animals or neglect of animals; or if such |
|
charges are pending against any of the organization's current |
|
directors or officers; or if that organization or its current |
|
directors or officers are constrained by a court order or legally |
|
binding agreement that prevents the organization from taking in or |
|
keeping animals. An agency may require an organization to disclose |
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any or all convictions, charges, and legal impediments described in |
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this subsection; |
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(6) A public or private sheltering agency may require |
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that registered organizations provide the following summary |
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information on no more than a monthly basis: the total number of |
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animals the organization has taken from the agency who have been |
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adopted, died, were transferred, were killed, and are still under |
|
the organization's care. This information may be provided in an |
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informal format, such as via electronic mail; |
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(7) A public or private sheltering agency shall not |
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demand additional information, other than that described in this |
|
section, as a prerequisite for including an organization on the |
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registry or for continuing to maintain that organization on the |
|
registry. |
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(b) No public or private sheltering agency may kill an |
|
animal unless and until the agency has notified, or made a |
|
reasonable attempt to notify, all organizations on the registry |
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described in subsection (a) that have indicated a willingness to |
|
take an animal of that type. |
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SECTION 9. Chapter 823, Health and Safety Code, is amended |
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by adding Section 823.022 to read as follows: |
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Section 823.022. LOST ANIMALS. (a) All public and private |
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sheltering agencies shall take appropriate action to ensure that |
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all animals are checked for all currently acceptable methods of |
|
identification, including microchips, identification tags, and |
|
licenses. All public and private sheltering agencies shall |
|
maintain continuously updated lists of animals reported lost, and |
|
match these lost reports with animals reported found and animals in |
|
the shelter, and shall also post all stray animals on the Internet |
|
with sufficient detail to allow them to be recognized and claimed by |
|
their owners. If a possible owner is identified, the agencies shall |
|
undertake reasonable efforts to notify the owner or caretaker of |
|
the whereabouts of the animal and any procedures available for the |
|
lawful recovery of the animal. These efforts shall include, but are |
|
not limited to, notifying the possible owner by telephone, mail, |
|
and personal service to the last known address. Upon the owner's or |
|
caretaker's initiation of recovery procedures, the agencies shall |
|
retain custody of the animal for a reasonable period of time to |
|
allow for completion of the recovery process. Efforts to locate or |
|
contact an owner or caretaker, and communications with persons |
|
claiming to be owners or caretakers, shall be recorded and be made |
|
available for free public inspection for no less than three years. |
|
SECTION 10. Chapter 823, Health and Safety Code is amended |
|
by adding Section 823.024 to read as follows: |
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Section 823.024. LIMITATION ON ADOPTION CRITERIA. (a) No |
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public or private sheltering agency shall ban, bar, limit or |
|
otherwise obstruct the adoption of any animal based on arbitrary |
|
criteria, such as breed, age, color, or any other criteria except as |
|
to the individual animal's medical condition and aggression, or the |
|
adopter's fitness to adopt. |
|
SECTION 11. Chapter 823, Health and Safety Code is amended |
|
by adding Section 823.025 to read as follows: |
|
Section 823.025. REQUIRED SERVICES. (a) Every public |
|
sheltering agency shall provide the following public services: |
|
(1) low-cost spay/neuter services for animals; |
|
(2) volunteer opportunities for people to assist the |
|
shelter, including fostering animals, socializing animals, |
|
assisting with adoptions, and otherwise helping in the operations |
|
of the shelter; |
|
(3) programs to assist people in overcoming situations |
|
that may cause them to relinquish or abandon their animals, |
|
including, but not limited to, programs that address animal |
|
behavior problems, medical conditions, and environmental |
|
conditions. |
|
(b) Nothing in this section shall prohibit an agency from |
|
enacting reasonable rules to facilitate the orderly operation of |
|
these programs, so long as the rules are designed to meet the goals |
|
of this Act. |
|
SECTION 12. Chapter 823, Health and Safety Code is amended |
|
by adding Section 823.030 to read as follows: |
|
Section 823.025. PROHIBITION ON ADOPTION FOR CERTAIN |
|
PURPOSES. (a) No person shall procure or use any living animal |
|
from a public or private sheltering agency or rescue group for |
|
medical or biological teaching, research or study. No hospital, |
|
educational or commercial institution, laboratory, or animal |
|
dealer, whether or not such dealer is licensed by the United States |
|
Department of Agriculture, shall purchase or accept any living |
|
animal from a public or private sheltering agency, rescue group, |
|
commercial kennel, kennel, peace officer, or animal control |
|
officer. |
|
(b) No public or private sheltering agency, rescue group, |
|
commercial kennel, kennel, peace officer, or animal control officer |
|
shall sell, adopt, transfer, or give away any living animal to a |
|
person, hospital, educational or commercial institution, |
|
laboratory, or dealer in animals, whether or not such dealer is |
|
licensed by the United States Department of Agriculture, for |
|
purposes of medical or biological teaching, research or study. |
|
SECTION 13. Chapter 823, Health and Safety Code is amended |
|
by adding Section 823.031 to read as follows: |
|
Section 823.031. PRECONDITIONS FOR EUTHANASIA. (a) No |
|
savable animal in a public or private sheltering agency shall be |
|
killed simply because the holding period has expired. Before an |
|
animal is killed, all of the following conditions must be met: |
|
(1) there are no empty cages, kennels, or other living |
|
environments in the shelter; |
|
(2) the animal cannot share a cage or kennel with |
|
another animal; |
|
(3) a foster home is not available; |
|
(4) organizations listed on the registry described in |
|
Section 9 are not willing to accept the animal; |
|
(5) the animal is not a feral cat subject to |
|
sterilization and release; and |
|
(6) the director of the agency certifies he or she has |
|
no other alternative, or the director certifies that failure to |
|
euthanize the animal would constitute an unsustainable burden on |
|
the agency. |
|
(b) The determination that all conditions of subsection (a) |
|
have been met shall be made in writing, signed by the director of |
|
the agency, and be made available for free public inspection for no |
|
less than three years. |
|
SECTION 14. Chapter 823, Health and Safety Code is amended |
|
by adding Section 823.032 to read as follows: |
|
Section 823.032. EUTHANASIA PROCEDURES. (a) All animals |
|
impounded by a public or private sheltering agency or rescue group |
|
shall be killed only when necessary and consistent with the |
|
requirements of this Act, and the killing shall be accomplished by |
|
lethal intravenous injection of sodium pentobarbital, except as |
|
follows: |
|
(1) intraperitoneal injections may be used only under |
|
the direction of a licensed veterinarian, and only when intravenous |
|
injection is not possible for infant animals, companion animals |
|
other than cats and dogs, feral cats, or in comatose animals with |
|
depressed vascular function. |
|
(2) intracardiac injections may be used only when |
|
intravenous injection is not possible for animals who are |
|
completely unconscious or comatose, and then only under the |
|
direction of a veterinarian. |
|
(b) No animal shall be allowed to witness any other animal |
|
being killed or being tranquilized/sedated for the purpose of being |
|
killed or see the bodies of animals which have already been killed. |
|
(c) Animals shall be sedated/tranquilized as necessary to |
|
minimize their stress or discomfort, or in the case of vicious |
|
animals, to ensure staff safety, except that neuromuscular blocking |
|
agents shall not be used. |
|
(d) Following their injection, animals shall be lowered to |
|
the surface on which they are being held and shall not be permitted |
|
to drop or otherwise collapse without support. |
|
(e) An animal may not be left unattended between the time |
|
procedures to kill the animal are commenced and the time death |
|
occurs, nor may the body be disposed of until death is verified. |
|
(f) Verification of death shall be confirmed for each animal |
|
in at least two of the following ways: |
|
(1) by lack of heartbeat, verified by a stethoscope; |
|
(2) by lack of respiration, verified by observation; |
|
(3) by pale, bluish gums and tongue, verified by |
|
observation; and |
|
(4) by lack of eye response, verified if lid does not |
|
blink when eye is touched and pupil remains dilated when a light is |
|
shined on it. |
|
(g) The room in which animals are killed shall be cleaned |
|
and regularly disinfected as necessary. |
|
(h) A veterinarian licensed to practice veterinary medicine |
|
in this state or a trained euthanasia technician shall perform the |
|
euthanasia procedures. |
|
SECTION 15. Chapter 823, Health and Safety Code is amended |
|
by adding Section 823.035 to read as follows: |
|
Section 823.035. ADDITIONAL REPORTING REQUIREMENTS. (a) |
|
All public or private sheltering agencies shall prepare a written |
|
monthly summary by the tenth day of the month that includes the |
|
following information by species-type: |
|
(1) the number of animals impounded during the |
|
previous month; |
|
(2) the number of impounded animals sterilized and/or |
|
sterilized by contract with participating outside private |
|
veterinarians during the previous month; |
|
(3) the number of animals who were killed by the |
|
agency, at the agency's direction, with the agency's permission, |
|
and/or by a representative of the agency during the previous month; |
|
(4) the number of animals who died, were lost, and/or |
|
were stolen while in the direct or constructive care of such agency |
|
during the previous month; |
|
(5) the number of animals who were adopted or returned |
|
to prior owners during the previous month; |
|
(6) the number of animals who were transferred to |
|
other organizations for adoption during the previous month; and |
|
(7) the number of animals impounded into the reporting |
|
agency from outside the reporting agency's normal city or county |
|
service area during the previous month. |
|
(b) An agency shall retain copies of the summaries required |
|
by (a) for at least three calendar years and shall make such |
|
summaries available for public inspection. |
|
SECTION 16. Chapter 823, Health and Safety Code is amended |
|
by adding Section 823.037 to read as follows: |
|
Section 823.037. ENFORCEMENT AND REMEDIES. Any public or |
|
private sheltering agency or rescue group may compel a public or |
|
private sheltering agency to follow the mandates of this Act |
|
through a lawsuit asking a court of competent jurisdiction to grant |
|
declaratory and injunctive relief including, but not limited to: |
|
restraining orders, preliminary injunctions, injunctions, writs of |
|
mandamus and prohibition, and other appropriate remedies at law |
|
which will compel compliance with this Act. |
|
SECTION 17. Chapter 823, Health and Safety Code is amended |
|
by adding Section 823.038 to read as follows: |
|
Section 823.038. SEVERABILITY. (a) If the provisions of |
|
any article, section, subsection, paragraph, subdivision or clause |
|
of this Act shall be adjudged invalid by a court or other tribunal |
|
of competent jurisdiction, such determination, order, or judgment |
|
shall not affect or invalidate the remainder of any article, |
|
section, subsection, paragraph, subdivision or clause of this Act. |
|
Any such invalidity shall be confined in its operation to the |
|
clause, sentence, paragraph, section or article thereof directly |
|
involved in the controversy in which such determination, order, or |
|
judgment shall have been rendered. |
|
SECTION 18. This Act takes effect September 1, 2011. |