|
|
|
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. |