88R8769 MCF-D
 
  By: Talarico H.B. No. 2063
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to informed consent obtained before a dog or cat may be
  boarded at a kennel and left unattended when employees are not
  present; creating a criminal offense.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Title 10, Health and Safety Code, is amended by
  adding Chapter 824 to read as follows:
  CHAPTER 824. KENNELS
         Sec. 824.001.  DEFINITION. In this chapter, "kennel" means
  a facility, including a veterinary medicine clinic, that provides
  boarding and related services to dogs or cats for breeding,
  sheltering, training, hunting, or similar purposes in exchange for
  compensation or other consideration.
         Sec. 824.002.  EXCEPTIONS TO APPLICABILITY OF CHAPTER. This
  chapter does not apply to:
               (1)  an animal shelter as defined by Chapter 823; or
               (2)  a kennel that boards not more than three dogs or
  cats at any time.
         Sec. 824.003.  REQUIRED INFORMED CONSENT FOR BOARDING OR
  PROVIDING SERVICES TO DOG OR CAT WHEN EMPLOYEES ARE NOT PRESENT. A
  kennel owner or operator who is boarding or providing services to a
  dog or cat at the kennel may not leave the dog or cat unattended
  without an employee present unless: 
               (1)  the kennel owner or operator provides written
  notice to the owner of the dog or cat that the dog or cat will be
  left unattended at the kennel without an employee present during
  the hours specified in the notice; and
               (2)  the owner of the dog or cat provides to the kennel
  owner or operator a signed document consenting to the dog or cat
  being left unattended as provided in the notice.
         Sec. 824.004.  CRIMINAL PENALTY. (a) A kennel owner or
  operator commits an offense if:
               (1)  the owner or operator violates Section 824.003;
  and
               (2)  a dog or cat boarded at or receiving services from
  the kennel is injured or dies when left unattended at the kennel.
         (b)  An offense under this section is a Class B misdemeanor.
         SECTION 2.  This Act takes effect September 1, 2023.