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AN ACT
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relating to required informed consent before a dog or cat may be |
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boarded at a kennel and left unattended; providing a civil penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 10, Health and Safety Code, is amended by |
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adding Chapter 824 to read as follows: |
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CHAPTER 824. KENNELS |
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Sec. 824.001. DEFINITIONS. In this chapter: |
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(1) "Fire protection sprinkler system" has the meaning |
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assigned by Section 766.051. |
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(2) "Kennel" means a facility, including a veterinary |
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medicine clinic, that provides boarding and related services to |
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dogs or cats for breeding, sheltering, training, hunting, or |
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similar purposes in exchange for compensation or other |
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consideration. |
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Sec. 824.002. EXCEPTIONS TO APPLICABILITY OF CHAPTER. This |
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chapter does not apply to: |
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(1) an animal shelter as defined by Chapter 823; or |
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(2) a kennel that boards not more than three dogs or |
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cats at any time. |
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Sec. 824.003. REQUIRED INFORMED CONSENT FOR BOARDING OR |
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PROVIDING SERVICES TO DOG OR CAT TO BE LEFT UNATTENDED. A kennel |
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owner or operator who is boarding or providing services to a dog or |
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cat at the kennel may not leave the dog or cat unattended without an |
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employee present unless: |
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(1) the kennel owner or operator provides to the owner |
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of the dog or cat written notice that: |
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(A) the dog or cat will be left unattended at the |
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kennel without an employee present during the hours specified in |
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the notice; and |
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(B) if the kennel is not equipped with a |
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functioning fire protection sprinkler system, the facility does not |
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have a fire protection sprinkler system; and |
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(2) the owner of the dog or cat provides to the kennel |
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owner or operator a signed document consenting to the dog or cat |
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being left unattended as provided in the notice. |
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Sec. 824.004. CIVIL PENALTY. (a) A kennel owner or |
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operator who violates Section 824.003 is liable for a civil penalty |
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in an amount equal to $500 for each animal subject to the violation |
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and for each day the violation continues. |
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(b) The attorney general or the appropriate district or |
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county attorney may: |
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(1) bring an action on behalf of this state to collect |
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the civil penalty under this section; and |
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(2) recover attorney's fees and costs incurred in |
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bringing the action. |
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SECTION 2. This Act takes effect September 1, 2023. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 2063 was passed by the House on April |
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28, 2023, by the following vote: Yeas 109, Nays 35, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2063 was passed by the Senate on May |
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15, 2023, by the following vote: Yeas 28, Nays 3. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |