By: Armbrister S.B. No. 598
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the registration of animal shelters with the Texas
1-2 Department of Health
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 823.002, Health and Safety Code, is
1-5 amended to read as follows:
1-6 Sec. 823.002. EXEMPTION FOR <CERTAIN COUNTIES,> CLINICS AND
1-7 FACILITIES. This chapter does not apply to:
1-8 <(1) a county having a population of less than
1-9 75,000;>
1-10 (1) <(2)> a veterinary medicine clinic;
1-11 (2) <(3)> a livestock commission facility.
1-12 SECTION 2. Section 823.003, Health and Safety Code, is
1-13 amended to read as follows:
1-14 Sec. 823.003. STANDARDS FOR ANIMAL SHELTERS; CRIMINAL
1-15 PENALTY.
1-16 (a) Each animal shelter operated in this state shall comply
1-17 with the standards for housing and sanitation existing on
1-18 September 1, 1982, and adopted under Chapter 826 (Rabies Control
1-19 Act of 1981).
1-20 (b) An animal shelter shall separate animals in its custody
1-21 at all times by species, by sex (if known), and if the animals are
1-22 not related to one another, by size.
1-23 (c) An animal shelter may not confine healthy animals with
2-1 sick, injured, or diseased animals.
2-2 <(d) Each person who operates an animal shelter shall employ
2-3 a veterinarian at least once a year to inspect the shelter to
2-4 determine whether it complies with the requirements of this
2-5 chapter. The veterinarian shall file copies of his report with the
2-6 person operating the shelter and with the department on forms
2-7 prescribed by the department.>
2-8 (d) <(e) The board may require each person operating an>
2-9 Each animal shelter shall <to> keep records of the date of receipt
2-10 of animals by the shelter and of disposition of animals in its
2-11 custody, <to> maintain the shelter records on the business premises
2-12 of the animal shelter, and <to> make the records available for
2-13 inspection at reasonable times.
2-14 (e) An animal shelter shall follow the procedures prescribed
2-15 by the department for humane euthanasia of animals and comply with
2-16 Section 823.006 of this chapter.
2-17 (f) A person commits an offense if the person substantially
2-18 violates this section. An offense under this subsection is a Class
2-19 C misdemeanor.
2-20 SECTION 3. Section 823.002.1, Health and Safety Code, is
2-21 added to read as follows:
2-22 Sec. 823.002.1 REGISTRATION. (a) Each animal shelter
2-23 operating in this state is required to register with the department
2-24 on a form prescribed by the department. A registration fee may be
2-25 charged by the department. The department shall use the size of
3-1 the animal shelter facility and the size of the population being
3-2 served by the animal shelter in determining the amount of any
3-3 registration fee.
3-4 (b) Upon registration, the department shall provide the
3-5 animal shelter with a certificate confirming registration with the
3-6 department in compliance with this chapter and a copy of the
3-7 standards prescribed by this chapter. The registration certificate
3-8 shall be posted in a location where it is visible to the general
3-9 public and shall include the name of the department and the address
3-10 to which any written complaints may be sent.
3-11 (c) An animal shelter is authorized to charge fees to offset
3-12 any costs incurred by compliance with this chapter.
3-13 (d) Any fees collected under this chapter by the department
3-14 shall be used by the department only for the administration of this
3-15 chapter.
3-16 SECTION 4. Section 823.003.2, Health and Safety Code, is
3-17 added to read as follows:
3-18 Sec. 823.003.2. ON-SITE REVIEW UPON COMPLAINT. (a) The
3-19 department may conduct an on-site review of the operations and
3-20 facilities of an animal shelter upon receipt of a written complaint
3-21 of specific problems with conditions at the shelter or upon its own
3-22 initiative. A reasonable fee may be charged in connection with an
3-23 on-site review and shall be based on the size of the facility.
3-24 (b) A written report shall be completed in connection with
3-25 an on-site review and shall include an assessment of the compliance
4-1 of the animal shelter with the standards prescribed in this
4-2 chapter, recommendations on improvements that would bring the
4-3 animal shelter into compliance and any other observations. A copy
4-4 of this report shall be provided to the animal shelter and be
4-5 placed on file with the department. Such reports shall be made
4-6 available to any person upon request. The department may charge a
4-7 reasonable fee for providing copies of such reports.
4-8 SECTION 5. Section 823.003.3, Health and Safety Code, is
4-9 added to read as follows:
4-10 Sec. 823.003.3 ENDANGERING CONDITIONS. If the department
4-11 determines that the conditions within an animal shelter endanger
4-12 the health and safety of the animals contained within the animal
4-13 shelter, the department is authorized to order the animal shelter
4-14 to stop accepting additional animals until conditions are
4-15 corrected. If conditions warrant, the department is authorized to
4-16 remove animals from the shelter and relocate the animals to another
4-17 animal shelter, veterinary medicine clinic or other available
4-18 facility. If the endangering conditions are corrected, the
4-19 department may permit the animal shelter to resume operations. If
4-20 the animal shelter is unable to correct the endangering conditions,
4-21 the department is authorized to order the permanent closure of that
4-22 animal shelter.
4-23 SECTION 6. Section 823.005, Health and Safety Code, is
4-24 amended to read as follows:
4-25 Sec. 823.005. ADVISORY COMMITTEE. (a) The commissioner of
5-1 public health or his designee <The governing body of a county or
5-2 municipality in which an animal shelter is located> shall appoint
5-3 an advisory committee to assist the department with the
5-4 administration of <in complying with> the requirements of this
5-5 chapter.
5-6 (b) The advisory committee shall <must> be composed of <at
5-7 least> one licensed veterinarian, one municipal or county animal
5-8 control official, one person whose duties include the daily
5-9 operation of an animal shelter, and one representative from an
5-10 animal welfare organization. Advisory committee members shall
5-11 serve without compensation or reimbursement by the department.
5-12 (c) The advisory committee shall meet at least once <three
5-13 times> a year and any other time requested by the department.
5-14 (d) An advisory committee in a county having a population
5-15 over One Million (1,000,000) in existence on the effective date of
5-16 this Act shall continue in operation.
5-17 SECTION 7. EFFECTIVE DATE. This Act shall become effective
5-18 September 1, 1993.
5-19 SECTION 8. EMERGENCY CLAUSE. The importance of this
5-20 legislation and the crowded condition of the calendars in both
5-21 houses create an emergency and an imperative public necessity that
5-22 the constitutional rule requiring bills to be read on three several
5-23 days in each house be suspended, and this rule is hereby suspended.