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.