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  82R4442 NAJ-F
 
  By: Van de Putte S.B. No. 1517
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the sterilization of dogs and cats; providing a
  penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The heading to Chapter 828, Health and Safety
  Code, is amended to read as follows:
  CHAPTER 828. DOG AND CAT ADOPTION AND STERILIZATION
         SECTION 2.  Section 828.001, Health and Safety Code, is
  amended by amending Subdivision (1) and adding Subdivisions (1-a)
  and (3-a) to read as follows:
               (1)  "Microchip" means a transponder injected beneath
  the surface of an animal's skin that can be read by a microchip
  scanner.
               (1-a)    "New owner" means a person who is legally
  competent to enter into a binding contract and who is adopting a dog
  or cat from a releasing agency.
               (3-a)  "Tattoo" means an indelible mark or figure on
  the body of an animal produced by inserting a pigment under the skin
  of the animal.
         SECTION 3.  Section 828.002, Health and Safety Code, is
  amended to read as follows:
         Sec. 828.002.  STERILIZATION REQUIREMENTS FOR RELEASE OF
  ANIMAL BY RELEASING AGENCY [ADOPTION]. (a) Except as provided by
  Subsections (b) and (c) [Section 828.013], a releasing agency may
  not release a dog or cat to a new owner for adoption or to a person
  who already owns the dog or cat unless the animal has been
  sterilized [or the release is made to a new owner who signs an
  agreement to have the animal sterilized].
         (b)  This section does not apply to an animal released for
  adoption to a new owner if the animal:
               (1)  is less than six months old;
               (2)  is an animal that a veterinarian has certified
  should not be sterilized for health reasons; or
               (3)  is a service animal.
         (c)  This section does not apply to an animal that is claimed
  from a releasing agency by a person who already owns the animal if:
               (1)  the animal is exempt from sterilization under
  Section 830.002(b); and
               (2)  the owner holds a permit for the animal issued
  under Section 830.003.
         SECTION 4.  Section 828.0035, Health and Safety Code, is
  amended to read as follows:
         Sec. 828.0035.  STATE BOARD OF VETERINARY MEDICAL EXAMINERS;
  IDENTIFICATION MARKERS. (a) The State Board of Veterinary Medical
  Examiners shall:
               (1)  develop information sheets regarding surgical or
  nonsurgical sterilization to be distributed by a releasing agency
  to a new owner; and
               (2)  adopt rules requiring an animal that has been
  sterilized under this chapter or Chapter 830 to receive a tattoo or
  a microchip as a permanent [an] identification marker [in a manner
  authorized by the board].
         (b)  The rules adopted under Subsection (a)(2) must require a
  tattoo to:
               (1)  be located on the inside of the thigh, near the
  abdomen, or on the caudal ventral abdomen of the animal;
               (2)  use pigment that is manufactured in the United
  States;
               (3)  comply with the standards adopted by the United
  States Food and Drug Administration for tattoos;
               (4)  use a pigment color that contrasts with the
  predominant color of the skin of the animal; and
               (5)  consist of the universal symbol for a male or
  female with a line drawn across the circle included in the symbol.
         (c)  The owner of a sterilized animal that has been injected
  with a microchip as authorized by Subsection (a)(2) shall provide
  information to the manufacturer of the microchip indicating that
  the animal is sterilized.
         SECTION 5.  Section 828.012(a), Health and Safety Code, is
  amended to read as follows:
         (a)  Surgical [Surgery] or nonsurgical sterilization of a
  dog or cat [performed in accordance with this chapter] must be
  performed by a veterinarian or a full-time student of an accredited
  college of veterinary medicine as provided by Chapter 801,
  Occupations Code.
         SECTION 6.  Chapter 828, Health and Safety Code, is amended
  by adding Section 828.016 to read as follows:
         Sec. 828.016.  LOCAL REGULATION OF STERILIZATION. A county
  or municipality may adopt additional sterilization requirements if
  the requirements are more stringent than the requirements provided
  by this chapter.
         SECTION 7.  Title 10, Health and Safety Code, is amended by
  adding Chapter 830 to read as follows:
  CHAPTER 830. GENERAL RESPONSIBILITY OF DOG OR CAT OWNER TO
  STERILIZE
         Sec. 830.001.  DEFINITIONS. In this chapter:
               (1)  "Sterilization" means the surgical removal of the
  reproductive organs of a dog or cat or the use of nonsurgical
  methods and technologies approved by the United States Food and
  Drug Administration or the United States Department of Agriculture
  to permanently render the animal unable to reproduce.
               (2)  "Veterinarian" means a person licensed to practice
  veterinary medicine by the State Board of Veterinary Medical
  Examiners.
         Sec. 830.002.  STERILIZATION REQUIRED. (a) Except as
  provided by Subsection (b), a person who owns a dog or cat shall
  have the animal sterilized and comply with the rules adopted under
  Section 828.0035(a)(2).
         (b)  This section does not apply to an animal:
               (1)  that is less than six months old;
               (2)  for which a veterinarian has certified that the
  animal should not be sterilized for health reasons;
               (3)  that is a service animal;
               (4)  that is a purebred animal displayed at a
  competitive exhibition to determine how well it physically conforms
  to an established breed standard;
               (5)  that the owner keeps unsterilized for breeding
  purposes; or
               (6)  that is a dog used for lawful hunting activities by
  an owner who holds a valid hunting license issued by this state.
         Sec. 830.003.  INTACT ANIMAL PERMIT. (a) A person must hold
  an intact animal permit issued by the appropriate local animal
  control authority for each dog or cat the person keeps
  unsterilized.
         (b)  An intact animal permit is valid for a period of one year
  and may be renewed on payment of an annual renewal fee.
         (c)  An animal control authority shall charge a fee for the
  issuance or renewal of a permit under this section in the amount of
  $50 for each dog or cat.
         Sec. 830.004.  CRIMINAL PENALTY. A person who violates
  Section 830.002 commits a Class C misdemeanor. Each animal that a
  person owns in violation of that section is a separate offense.
         Sec. 830.005.  LOCAL REGULATION OF STERILIZATION. A county
  or municipality may adopt additional sterilization requirements if
  the requirements are more stringent than the requirements provided
  by this chapter.
         SECTION 8.  Sections 828.003, 828.004, 828.005, 828.006,
  828.007, 828.008, 828.009, 828.010, 828.013, and 828.015, Health
  and Safety Code, are repealed.
         SECTION 9.  This Act takes effect September 1, 2011.