By: Yost H.B. No. 1712 73R2055 RWS-F A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the regulation of certain animal control officers; 1-3 providing a penalty. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Title 10, Health and Safety Code, is amended by 1-6 adding Chapter 829 to read as follows: 1-7 CHAPTER 829. ANIMAL CONTROL OFFICERS 1-8 Sec. 829.001. DEFINITIONS. In this chapter: 1-9 (1) "Animal control" means the enforcement of state 1-10 and local laws relating to prevention of animal and human rabies 1-11 episodes, prevention of zoonotic diseases, community health and 1-12 safety, and other animal-related problems. 1-13 (2) "Animal control officer" means an agent of this 1-14 state or of a political subdivision of this state who engages in 1-15 animal control and who is certified or holds an animal control 1-16 officer in training certificate as provided by Section 829.005. 1-17 (3) "Board" means the Texas Board of Health. 1-18 (4) "Department" means the Texas Department of Health. 1-19 Sec. 829.002. REGISTRATION REQUIRED. A person may not 1-20 represent that the person is an "animal control officer" or "animal 1-21 control officer in training" by use of these titles unless the 1-22 person holds a certificate of registration issued under this 1-23 chapter. 1-24 Sec. 829.003. POWERS AND DUTIES OF BOARD. The board by rule 2-1 shall: 2-2 (1) adopt standards and educational requirements 2-3 consistent with those established under Chapter 823 for the 2-4 registration of animal control officers and animal control officers 2-5 in training; 2-6 (2) prescribe application forms for original and 2-7 renewal certificates of registration; and 2-8 (3) set application, registration, examination, and 2-9 renewal fees in amounts that are reasonable and necessary to cover 2-10 the costs of administering this chapter. 2-11 Sec. 829.004. RECORD OF PROCEEDINGS; REGISTER OF APPLICANTS. 2-12 (a) The department shall keep a record of all proceedings under 2-13 this chapter. 2-14 (b) The department shall maintain records for registration 2-15 under this chapter as required by board rule. 2-16 Sec. 829.005. REQUIREMENTS FOR CERTIFICATE OF REGISTRATION; 2-17 REGISTRATION OF OFFICER IN TRAINING. (a) To receive a certificate 2-18 of registration under this chapter, an applicant must: 2-19 (1) meet the requirements prescribed by this chapter 2-20 and by board rule; 2-21 (2) have at least one year of full-time experience in 2-22 the field of animal control; 2-23 (3) pass the examinations conducted by the department; 2-24 and 2-25 (4) pay the initial application, registration, and 2-26 examination fees. 2-27 (b) A certificate of registration issued under this chapter 3-1 is valid throughout this state. 3-2 (c) A certificate of registration issued under this chapter 3-3 is not assignable or transferable. 3-4 (d) An applicant for a certificate of registration under 3-5 this chapter who has less than one year of full-time experience in 3-6 the field of animal control, on successful completion of the animal 3-7 control examinations conducted by the department and payment of the 3-8 required fees and in compliance with any applicable board rules, is 3-9 entitled to receive an animal control officer in training 3-10 certificate of registration. The certificate is valid for one year 3-11 after the date of issuance. The department shall issue an animal 3-12 control officer certificate of registration after the holder of the 3-13 animal control officer in training certificate completes one year 3-14 of full-time service in the field of animal control. 3-15 Sec. 829.006. REGISTRATION RENEWAL. (a) An animal control 3-16 officer certificate of registration issued under this chapter is 3-17 valid for three years and may be renewed on payment of the required 3-18 renewal fee and successful completion of the department-approved 3-19 continuing education programs as prescribed by the board. 3-20 (b) A certificate of registration revoked by the department 3-21 for failure to pay a renewal fee may be reinstated as provided by 3-22 board rule. 3-23 Sec. 829.007. DENIAL, SUSPENSION, AND REVOCATION OF 3-24 REGISTRATION. (a) The department may refuse to issue a 3-25 certificate of registration to an applicant whose certification or 3-26 license to engage in animal control or a related profession has 3-27 been revoked by another licensing entity in this or another state 4-1 for: 4-2 (1) unprofessional conduct; 4-3 (2) conviction of a felony or an offense prohibiting 4-4 cruelty to animals; or 4-5 (3) misconduct in the practice of animal control or a 4-6 related profession. 4-7 (b) The department may suspend, revoke, or refuse to renew a 4-8 certificate of registration issued under this chapter if the 4-9 department determines that the certificate holder engaged in fraud 4-10 or deceit in obtaining a certificate or is grossly negligent, 4-11 incompetent, or guilty of misconduct in the practice of animal 4-12 control. 4-13 (c) The refusal to renew or the denial, suspension, or 4-14 revocation of a certificate of registration under this chapter is a 4-15 contested case for purposes of the Administrative Procedure and 4-16 Texas Register Act (Article 6252-13a, Vernon's Texas Civil 4-17 Statutes). 4-18 Sec. 829.008. FUNDING; ANNUAL REPORT. (a) Fees received by 4-19 the department under this chapter shall be deposited in the state 4-20 treasury to the credit of an account in the general revenue fund to 4-21 be known as the animal control registration account and may be 4-22 appropriated only for the administration and enforcement of this 4-23 chapter. 4-24 (b) The department shall file annually with the governor and 4-25 the presiding officer of each house of the legislature a complete 4-26 and detailed report accounting for all funds received and disbursed 4-27 by the department under this chapter during the preceding fiscal 5-1 year. The annual report must be in the form and reported in the 5-2 time provided by the General Appropriations Act. 5-3 Sec. 829.009. ADVISORY COMMITTEE. (a) The Animal Control 5-4 Advisory Committee is created. The advisory committee is composed 5-5 of five persons appointed by the board from names submitted by 5-6 professional organizations related to animal control. 5-7 (b) The board shall provide by rule for the terms to be 5-8 served by members of the advisory committee. If a vacancy occurs 5-9 during a term, the board shall appoint a replacement who meets the 5-10 qualifications of the vacated office to fill the unexpired part of 5-11 the term. 5-12 (c) The advisory committee shall: 5-13 (1) make recommendations to the board regarding the 5-14 adoption of rules under this chapter; and 5-15 (2) advise the department on the enforcement of this 5-16 chapter. 5-17 (d) A member of the advisory committee is not entitled to 5-18 receive compensation for serving as a member of the committee. A 5-19 member is entitled to reimbursement for reasonable expenses 5-20 incurred in performing duties as a member of the advisory 5-21 committee, subject to any applicable limitation in the General 5-22 Appropriations Act. However, a member may not be reimbursed for 5-23 expenses for more than four meetings in any 12 months. 5-24 (e) The board shall adopt procedural rules to be used by the 5-25 advisory committee in implementing its powers and duties under this 5-26 section. 5-27 (f) The advisory committee shall meet at the call of the 6-1 board. 6-2 Sec. 829.010. EXEMPTION; APPLICABILITY. (a) A person who 6-3 is required to be licensed or registered under another law of this 6-4 state and who under the license or registration engages in animal 6-5 control is not required to be registered under this chapter. 6-6 (b) The state or a political subdivision of the state is not 6-7 required to fill a position having duties related to animal control 6-8 by employing a person registered under this chapter. If the state 6-9 or a political subdivision of the state employs a person who uses 6-10 the title "animal control officer," however, the person must be 6-11 registered under this chapter. 6-12 Sec. 829.011. ENFORCEMENT OF ANIMAL CONTROL ORDINANCES AND 6-13 ORDERS. (a) A person who holds a certificate of registration 6-14 under this chapter and is employed as an animal control officer or 6-15 animal control officer in training by a political subdivision of 6-16 the state may issue citations for violations of the political 6-17 subdivision's ordinances or orders relating to animal control. 6-18 (b) The governing body of a county or municipality may 6-19 impose and collect a surcharge of not more than $4 on each penalty 6-20 imposed for violation of an ordinance or order of the political 6-21 subdivision relating to animal control or animal cruelty. The 6-22 surcharges collected may be used only to pay for continuing 6-23 education programs required by the department under this chapter 6-24 for renewal of registration as an animal control officer. 6-25 Sec. 829.012. CRIMINAL PENALTY. (a) A person who is not 6-26 exempt from this chapter under Section 829.010(a) commits an 6-27 offense if the person claims to be an animal control officer or 7-1 uses a title containing the words "animal control officer" and the 7-2 person does not hold a certificate of registration under this 7-3 chapter. 7-4 (b) An offense under this section is a Class C misdemeanor. 7-5 SECTION 2. The Texas Department of Health shall issue a 7-6 certificate of registration as an animal control officer without 7-7 requiring the successful completion of the examination required by 7-8 Section 829.005(a), Health and Safety Code, as added by this Act, 7-9 to a person who: 7-10 (1) applies to the department for a certificate of 7-11 registration before March 1, 1994; 7-12 (2) pays any required fees; and 7-13 (3) submits evidence satisfactory to the department 7-14 that the person: 7-15 (A) has been a resident of the state for at 7-16 least one year before the date of application; 7-17 (B) has been employed in the field of animal 7-18 control for at least three years; and 7-19 (C) has complied with all applicable rules of 7-20 the Texas Board of Health. 7-21 SECTION 3. This Act takes effect September 1, 1993, except 7-22 that Section 829.002 and Section 829.012, Health and Safety Code, 7-23 as added by this Act, take effect March 1, 1994. 7-24 SECTION 4. The importance of this legislation and the 7-25 crowded condition of the calendars in both houses create an 7-26 emergency and an imperative public necessity that the 7-27 constitutional rule requiring bills to be read on three several 8-1 days in each house be suspended, and this rule is hereby suspended.