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.