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.