1-1 By: Yost, Craddick (Senate Sponsor - Haley) H.B. No. 1712
1-2 (In the Senate - Received from the House May 3, 1993;
1-3 May 4, 1993, read first time and referred to Committee on Health
1-4 and Human Services; May 23, 1993, reported favorably by the
1-5 following vote: Yeas 8, Nays 0; May 23, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Zaffirini x
1-9 Ellis x
1-10 Madla x
1-11 Moncrief x
1-12 Nelson x
1-13 Patterson x
1-14 Shelley x
1-15 Truan x
1-16 Wentworth x
1-17 A BILL TO BE ENTITLED
1-18 AN ACT
1-19 relating to the regulation of certain animal control officers;
1-20 providing a penalty.
1-21 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-22 SECTION 1. Title 10, Health and Safety Code, is amended by
1-23 adding Chapter 829 to read as follows:
1-24 CHAPTER 829. ANIMAL CONTROL OFFICERS
1-25 Sec. 829.001. DEFINITIONS. In this chapter:
1-26 (1) "Animal control" means the enforcement of state
1-27 and local laws relating to prevention of animal and human rabies
1-28 episodes, prevention of zoonotic diseases, community health and
1-29 safety, and other animal-related problems.
1-30 (2) "Animal control officer" means an agent of this
1-31 state or of a political subdivision of this state who engages in
1-32 animal control and who is certified or holds an animal control
1-33 officer in training certificate as provided by Section 829.005.
1-34 (3) "Board" means the Texas Board of Health.
1-35 (4) "Department" means the Texas Department of Health.
1-36 Sec. 829.002. REGISTRATION REQUIRED. A person may not
1-37 represent that the person is an "animal control officer" or "animal
1-38 control officer in training" by use of these titles unless the
1-39 person holds a certificate of registration issued under this
1-40 chapter.
1-41 Sec. 829.003. POWERS AND DUTIES OF BOARD. The board by rule
1-42 shall:
1-43 (1) adopt standards and educational requirements
1-44 consistent with those established under Chapter 823 for the
1-45 registration of animal control officers and animal control officers
1-46 in training;
1-47 (2) prescribe application forms for original and
1-48 renewal certificates of registration; and
1-49 (3) set application, registration, examination, and
1-50 renewal fees in amounts that are reasonable and necessary to cover
1-51 the costs of administering this chapter.
1-52 Sec. 829.004. RECORD OF PROCEEDINGS; REGISTER OF APPLICANTS.
1-53 (a) The department shall keep a record of all proceedings under
1-54 this chapter.
1-55 (b) The department shall maintain records for registration
1-56 under this chapter as required by board rule.
1-57 Sec. 829.005. REQUIREMENTS FOR CERTIFICATE OF REGISTRATION;
1-58 REGISTRATION OF OFFICER IN TRAINING. (a) To receive a certificate
1-59 of registration under this chapter, an applicant must:
1-60 (1) meet the requirements prescribed by this chapter
1-61 and by board rule;
1-62 (2) have at least one year of full-time experience in
1-63 the field of animal control;
1-64 (3) pass the examinations conducted by the department;
1-65 and
1-66 (4) pay the initial application, registration, and
1-67 examination fees.
1-68 (b) A certificate of registration issued under this chapter
2-1 is valid throughout this state.
2-2 (c) A certificate of registration issued under this chapter
2-3 is not assignable or transferable.
2-4 (d) An applicant for a certificate of registration under
2-5 this chapter who has less than one year of full-time experience in
2-6 the field of animal control, on successful completion of the animal
2-7 control examinations conducted by the department and payment of the
2-8 required fees and in compliance with any applicable board rules, is
2-9 entitled to receive an animal control officer in training
2-10 certificate of registration. The certificate is valid for one year
2-11 after the date of issuance. The department shall issue an animal
2-12 control officer certificate of registration after the holder of the
2-13 animal control officer in training certificate completes one year
2-14 of full-time service in the field of animal control.
2-15 Sec. 829.006. REGISTRATION RENEWAL. (a) An animal control
2-16 officer certificate of registration issued under this chapter is
2-17 valid for three years and may be renewed on payment of the required
2-18 renewal fee and successful completion of the department-approved
2-19 continuing education programs as prescribed by the board.
2-20 (b) A certificate of registration revoked by the department
2-21 for failure to pay a renewal fee may be reinstated as provided by
2-22 board rule.
2-23 Sec. 829.007. DENIAL, SUSPENSION, AND REVOCATION OF
2-24 REGISTRATION. (a) The department may refuse to issue a
2-25 certificate of registration to an applicant whose certification or
2-26 license to engage in animal control or a related profession has
2-27 been revoked by another licensing entity in this or another state
2-28 for:
2-29 (1) unprofessional conduct;
2-30 (2) conviction of a felony or an offense prohibiting
2-31 cruelty to animals; or
2-32 (3) misconduct in the practice of animal control or a
2-33 related profession.
2-34 (b) The department may suspend, revoke, or refuse to renew a
2-35 certificate of registration issued under this chapter if the
2-36 department determines that the certificate holder engaged in fraud
2-37 or deceit in obtaining a certificate or is grossly negligent,
2-38 incompetent, or guilty of misconduct in the practice of animal
2-39 control.
2-40 (c) The refusal to renew or the denial, suspension, or
2-41 revocation of a certificate of registration under this chapter is a
2-42 contested case for purposes of the Administrative Procedure and
2-43 Texas Register Act (Article 6252-13a, Vernon's Texas Civil
2-44 Statutes).
2-45 Sec. 829.008. FUNDING; ANNUAL REPORT. (a) Fees received by
2-46 the department under this chapter shall be deposited in the state
2-47 treasury to the credit of an account in the general revenue fund to
2-48 be known as the animal control registration account and may be
2-49 appropriated only for the administration and enforcement of this
2-50 chapter.
2-51 (b) The department shall file annually with the governor and
2-52 the presiding officer of each house of the legislature a complete
2-53 and detailed report accounting for all funds received and disbursed
2-54 by the department under this chapter during the preceding fiscal
2-55 year. The annual report must be in the form and reported in the
2-56 time provided by the General Appropriations Act.
2-57 Sec. 829.009. ADVISORY COMMITTEE. (a) The Animal Control
2-58 Advisory Committee is created. The advisory committee is composed
2-59 of five persons appointed by the board from names submitted by
2-60 professional organizations related to animal control.
2-61 (b) The board shall provide by rule for the terms to be
2-62 served by members of the advisory committee. If a vacancy occurs
2-63 during a term, the board shall appoint a replacement who meets the
2-64 qualifications of the vacated office to fill the unexpired part of
2-65 the term.
2-66 (c) The advisory committee shall:
2-67 (1) make recommendations to the board regarding the
2-68 adoption of rules under this chapter; and
2-69 (2) advise the department on the enforcement of this
2-70 chapter.
3-1 (d) A member of the advisory committee is not entitled to
3-2 receive compensation for serving as a member of the committee. A
3-3 member is entitled to reimbursement for reasonable expenses
3-4 incurred in performing duties as a member of the advisory
3-5 committee, subject to any applicable limitation in the General
3-6 Appropriations Act. However, a member may not be reimbursed for
3-7 expenses for more than four meetings in any 12 months.
3-8 (e) The board shall adopt procedural rules to be used by the
3-9 advisory committee in implementing its powers and duties under this
3-10 section.
3-11 (f) The advisory committee shall meet at the call of the
3-12 board.
3-13 Sec. 829.010. EXEMPTION; APPLICABILITY. (a) A person who
3-14 is required to be licensed or registered under another law of this
3-15 state and who under the license or registration engages in animal
3-16 control is not required to be registered under this chapter.
3-17 (b) The state or a political subdivision of the state is not
3-18 required to fill a position having duties related to animal control
3-19 by employing a person registered under this chapter. If the state
3-20 or a political subdivision of the state employs a person who uses
3-21 the title "animal control officer," however, the person must be
3-22 registered under this chapter.
3-23 Sec. 829.011. ENFORCEMENT OF ANIMAL CONTROL ORDINANCES AND
3-24 ORDERS. (a) A person who holds a certificate of registration
3-25 under this chapter and is employed as an animal control officer or
3-26 animal control officer in training by a political subdivision of
3-27 the state may issue citations for violations of the political
3-28 subdivision's ordinances or orders relating to animal control.
3-29 (b) The governing body of a county or municipality may
3-30 impose and collect a surcharge of not more than $4 on each penalty
3-31 imposed for violation of an ordinance or order of the political
3-32 subdivision relating to animal control or animal cruelty. The
3-33 surcharges collected may be used only to pay for continuing
3-34 education programs required by the department under this chapter
3-35 for renewal of registration as an animal control officer.
3-36 Sec. 829.012. CRIMINAL PENALTY. (a) A person who is not
3-37 exempt from this chapter under Section 829.010(a) commits an
3-38 offense if the person claims to be an animal control officer or
3-39 uses a title containing the words "animal control officer" and the
3-40 person does not hold a certificate of registration under this
3-41 chapter.
3-42 (b) An offense under this section is a Class C misdemeanor.
3-43 SECTION 2. The Texas Department of Health shall issue a
3-44 certificate of registration as an animal control officer without
3-45 requiring the successful completion of the examination required by
3-46 Section 829.005(a), Health and Safety Code, as added by this Act,
3-47 to a person who:
3-48 (1) applies to the department for a certificate of
3-49 registration before March 1, 1994;
3-50 (2) pays any required fees; and
3-51 (3) submits evidence satisfactory to the department
3-52 that the person:
3-53 (A) has been a resident of the state for at
3-54 least one year before the date of application;
3-55 (B) has been employed in the field of animal
3-56 control for at least three years; and
3-57 (C) has complied with all applicable rules of
3-58 the Texas Board of Health.
3-59 SECTION 3. This Act takes effect September 1, 1993, except
3-60 that Section 829.002 and Section 829.012, Health and Safety Code,
3-61 as added by this Act, take effect March 1, 1994.
3-62 SECTION 4. The importance of this legislation and the
3-63 crowded condition of the calendars in both houses create an
3-64 emergency and an imperative public necessity that the
3-65 constitutional rule requiring bills to be read on three several
3-66 days in each house be suspended, and this rule is hereby suspended.
3-67 * * * * *
3-68 Austin,
3-69 Texas
3-70 May 23, 1993
4-1 Hon. Bob Bullock
4-2 President of the Senate
4-3 Sir:
4-4 We, your Committee on Health and Human Services to which was
4-5 referred H.B. No. 1712, have had the same under consideration, and
4-6 I am instructed to report it back to the Senate with the
4-7 recommendation that it do pass and be printed.
4-8 Zaffirini,
4-9 Chair
4-10 * * * * *
4-11 WITNESSES
4-12 No witnesses appeared on H.B. No. 1712.