1-1 By: Armbrister S.B. No. 598
1-2 (In the Senate - Filed March 3, 1993; March 4, 1993, read
1-3 first time and referred to Committee on Intergovernmental
1-4 Relations; April 22, 1993, reported adversely, with favorable
1-5 Committee Substitute by the following vote: Yeas 6, Nays 2;
1-6 April 22, 1993, sent to printer.)
1-7 COMMITTEE VOTE
1-8 Yea Nay PNV Absent
1-9 Armbrister x
1-10 Leedom x
1-11 Carriker x
1-12 Henderson x
1-13 Madla x
1-14 Moncrief x
1-15 Patterson x
1-16 Rosson x
1-17 Shapiro x
1-18 Wentworth x
1-19 Whitmire x
1-20 COMMITTEE SUBSTITUTE FOR S.B. No. 598 By: Armbrister
1-21 A BILL TO BE ENTITLED
1-22 AN ACT
1-23 relating to the registration of animal shelters with the Texas
1-24 Department of Health; creating an offense and providing a penalty.
1-25 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-26 SECTION 1. Section 823.002, Health and Safety Code, is
1-27 amended to read as follows:
1-28 Sec. 823.002. EXEMPTION FOR <CERTAIN COUNTIES,> CLINICS<,>
1-29 AND FACILITIES. This chapter does not apply to:
1-30 (1) <a county having a population of less than 75,000;>
1-31 <(2)> a veterinary medicine clinic; <or>
1-32 (2) <(3)> a livestock commission facility; or
1-33 (3) animal research facilities of institutions of
1-34 higher education.
1-35 SECTION 2. Section 823.003, Health and Safety Code, is
1-36 amended to read as follows:
1-37 Sec. 823.003. STANDARDS FOR ANIMAL SHELTERS<; CRIMINAL
1-38 PENALTY>. (a) Each animal shelter operated in this state shall
1-39 comply with the standards for housing and sanitation existing on
1-40 September 1, 1982, and adopted under Chapter 826 (Rabies Control
1-41 Act of 1981).
1-42 (b) An animal shelter shall separate animals in its custody
1-43 at all times by species, by sex (if known), and if the animals are
1-44 not related to one another, by size.
1-45 (c) An animal shelter may not confine healthy animals with
1-46 sick, injured, or diseased animals.
1-47 (d) Each <person who operates an animal shelter shall employ
1-48 a veterinarian at least once a year to inspect the shelter to
1-49 determine whether it complies with the requirements of this
1-50 chapter. The veterinarian shall file copies of his report with the
1-51 person operating the shelter and with the department on forms
1-52 prescribed by the department.>
1-53 <(e) The board may require each person operating an> animal
1-54 shelter shall <to> keep records of the date of receipt of animals
1-55 by the shelter and of disposition of animals in its custody and
1-56 retain such records for one year, <to> maintain the shelter records
1-57 on the business premises of the animal shelter, and <to> make the
1-58 records available for inspection by the department on request <at
1-59 reasonable times>.
1-60 (e) An animal shelter shall follow the procedures for humane
1-61 euthanasia of animals prescribed in the most current guidelines of
1-62 the American Veterinary Medicine Association and comply with
1-63 Section 823.006.
1-64 (f) An animal shelter operated by a political subdivision is
1-65 required to comply with the standards prescribed by this section to
1-66 the extent possible within the financial resources of that
1-67 political subdivision. <A person commits an offense if the person
1-68 substantially violates this section. An offense under this
2-1 subsection is a Class C misdemeanor.>
2-2 SECTION 3. Chapter 823, Health and Safety Code, is amended
2-3 by adding Section 823.0031 to read as follows:
2-4 Sec. 823.0031. REGISTRATION. (a) Each animal shelter
2-5 operating in this state shall register with the department on a
2-6 form prescribed by the department. A registration fee may be
2-7 charged by the department.
2-8 (b) On registration, the department shall provide the animal
2-9 shelter with a certificate confirming registration with the
2-10 department and a copy of the standards prescribed by this chapter.
2-11 The registration certificate shall be posted in a location where it
2-12 is visible to the general public and shall include the name of the
2-13 department and the address to which any written complaints may be
2-14 sent.
2-15 (c) An animal shelter is authorized to charge fees to offset
2-16 any costs incurred by compliance with this chapter.
2-17 (d) Any fees collected under this chapter by the department
2-18 shall be used by the department only for the administration of this
2-19 chapter.
2-20 (e) An animal shelter that is not operated by a political
2-21 subdivision that does not register in compliance with this chapter
2-22 commits an offense. An offense under this section is a Class C
2-23 misdemeanor.
2-24 SECTION 4. Chapter 823, Health and Safety Code, is amended
2-25 by adding Section 823.0032 to read as follows:
2-26 Sec. 823.0032. ON-SITE REVIEW. (a) The department may
2-27 conduct an on-site review of an animal shelter on its own
2-28 initiative or on receipt of a written complaint citing violations
2-29 of the standards prescribed by this chapter.
2-30 (b) A reasonable fee may be charged in connection with an
2-31 on-site review.
2-32 (c) The department shall complete a written report in
2-33 connection with an on-site review. The written report shall
2-34 include an assessment of the compliance of the animal shelter with
2-35 the standards prescribed in this chapter, recommendations on
2-36 improvements that would bring the animal shelter into compliance,
2-37 and any other observations.
2-38 (d) A copy of the written report shall be provided to the
2-39 person or entity operating the animal shelter and be placed on file
2-40 with the department. Written reports shall be made available to
2-41 any person on request. The department may charge a reasonable fee
2-42 for providing copies of on-site review reports.
2-43 (e) The department is also authorized to conduct an on-site
2-44 review on request of an animal shelter.
2-45 SECTION 5. Chapter 823, Health and Safety Code, is amended
2-46 by adding Section 823.0033 to read as follows:
2-47 Sec. 823.0033. VIOLATIONS OF CERTAIN STANDARDS. (a) If,
2-48 based on findings resulting from an on-site review or other
2-49 information, the department determines that an animal shelter is in
2-50 violation of Section 823.003(a), (b), (c), or (e) to the extent
2-51 that the health and safety of the animals contained within the
2-52 animal shelter are at serious risk, the department is authorized to
2-53 order the animal shelter to stop accepting additional animals until
2-54 conditions are corrected. If conditions warrant, the department is
2-55 authorized to remove all animals from the shelter, if possible, and
2-56 relocate the animals to another available facility acceptable to
2-57 the department.
2-58 (b) If the conditions are corrected, the department may
2-59 permit the animal shelter to resume operations. If the animal
2-60 shelter is unable to correct the conditions, the department is
2-61 authorized to order the permanent closure of that animal shelter.
2-62 (c) If the department determines that the conditions at an
2-63 animal shelter are so severe as to constitute a violation under
2-64 Chapter 821, Health and Safety Code, the department is also
2-65 authorized to cooperate with law enforcement officials to pursue
2-66 the remedies available under that chapter.
2-67 (d) Nothing in this chapter limits the authority of a county
2-68 sheriff, constable, deputy constable, or municipal animal control
2-69 officer under Chapter 821, Health and Safety Code.
2-70 SECTION 6. Section 823.005, Health and Safety Code, is
3-1 amended to read as follows:
3-2 Sec. 823.005. ADVISORY COMMITTEES <COMMITTEE>. (a) The
3-3 governing body of a county or municipality in which an animal
3-4 shelter is located may <shall> appoint an advisory committee to
3-5 assist in complying with the requirements of this chapter.
3-6 (b) The advisory committee must be composed of at least one
3-7 licensed veterinarian, one county or municipal official, one person
3-8 whose duties include the daily operation of an animal shelter, and
3-9 one representative from an animal welfare organization.
3-10 (c) The advisory committee shall meet at least three times a
3-11 year.
3-12 (d) The commissioner or his designee shall appoint an
3-13 advisory committee to assist the department with the administration
3-14 of this chapter. The advisory committee created under this
3-15 subsection shall meet at least once a year and be composed of one
3-16 licensed veterinarian, one municipal chief administrative officer
3-17 or one county official, one animal control officer, one person
3-18 whose duties include the daily operation of an animal shelter, and
3-19 one representative from an animal welfare organization. Advisory
3-20 committee members shall serve without compensation or reimbursement
3-21 by the department. The advisory committee shall recommend to the
3-22 department the fees or range of fees to be charged for the
3-23 registration and on-site reviews which shall be based on the size
3-24 of the animal shelter facility and the size of the population being
3-25 served by the animal shelter. However, the maximum registration
3-26 fee for an animal shelter in a county having a population of less
3-27 than 75,000 shall be $25.
3-28 SECTION 7. This Act takes effect September 1, 1993. An
3-29 animal shelter is required to be registered with the Texas
3-30 Department of Health by January 1, 1994.
3-31 SECTION 8. The importance of this legislation and the
3-32 crowded condition of the calendars in both houses create an
3-33 emergency and an imperative public necessity that the
3-34 constitutional rule requiring bills to be read on three several
3-35 days in each house be suspended, and this rule is hereby suspended.
3-36 * * * * *
3-37 Austin,
3-38 Texas
3-39 April 22, 1993
3-40 Hon. Bob Bullock
3-41 President of the Senate
3-42 Sir:
3-43 We, your Committee on Intergovernmental Relations to which was
3-44 referred S.B. No. 598, have had the same under consideration, and I
3-45 am instructed to report it back to the Senate with the
3-46 recommendation that it do not pass, but that the Committee
3-47 Substitute adopted in lieu thereof do pass and be printed.
3-48 Armbrister,
3-49 Chairman
3-50 * * * * *
3-51 WITNESSES
3-52 FOR AGAINST ON
3-53 ___________________________________________________________________
3-54 Name: Donald M. Ward x
3-55 Representing: Texas Veterinary Medical Assn.
3-56 City: Austin
3-57 -------------------------------------------------------------------
3-58 Name: Pam Burney x
3-59 Representing: Tx Animal Central Assn.
3-60 City: North Richland Hills
3-61 -------------------------------------------------------------------
3-62 Name: James Bias x
3-63 Representing: Human Society of N. Tx
3-64 City: Fort Worth
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3-66 FOR AGAINST ON
3-67 ___________________________________________________________________
3-68 Name: Donald Lee x
3-69 Representing: Harris County Judge Lindsay
3-70 City: Houston
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4-2 Name: Frank Sturzl x
4-3 Representing: TML
4-4 City: Austin
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