BILL ANALYSIS



By: Craddick
2-21-95
Committee Report (Unamended)


BACKGROUND

The Texas Animal Control Association seeks to certify and provide
continuing education for animal control officers with the objective
of providing a higher standard of services.

PURPOSE

This bill seeks to help animal control officers stay abreast of
changes in laws, zoonotic diseases, capture techniques, and
operational strategies that benefit the public. It is believed that
the provisions of this bill would increase the effectiveness of
animal control operations throughout Texas. The bill also seeks to
help offset the cost of training and certification through
registration fees and penalties imposed for animal-control
violations.

RULEMAKING AUTHORITY

Section 1 of this bill would grant rulemaking authority to the
Texas Board of Health (Sections 829.003, 829.006(b), and
829.009(b)(e), Health and Safety Code).

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Title 10 of the Health and Safety Code, by
adding Chapter 829, which includes the following provisions:

     Section 829.001 defines terms used in the chapter.

     Section 829.002 requires animal control officers to obtain a
certificate of registration, as provided for in this chapter.

     Section 829.003 requires the Texas Board of Health to (1)
adopt standards and educational requirements for registration, (2)
prescribes application forms for registrations, and (3) sets fees
in amounts reasonable and necessary to cover costs of administering
this chapter.

     Section 829.004 requires the Texas Department of Health (TDH)
to keep a record of proceedings and maintain registration records.

     Section 829.005 specifies requirements for an applicant to
receive a certificate and clarifies the scope of certificates, as
follows:

     (a) To receive a certificate of registration, an applicant
     must (1) meet the requirements set by this chapter and the
     Board, (2) have at least one year of experience in the animal-control field, (3) pass examinations conducted by TDH, and (4)
     pay the required fees.

     (b) The certificate is valid throughout the state.

     (c) The certificate is not transferable.

     (d) Provides for an "animal control officer in training"
     certificate of registration for persons not meeting the
     experience requirement of Section 829.005(a).

     Section 829.006 specifies that certificates of registration
are valid for three years and may be renewed upon completion of
department-approved continuing education programs and payment of a
fee. Board rule can allow for reinstatement of a certificate
revoked for failure to pay the renewal fee.

     Section 829.007 allows (a) the department to refuse issuance
of a certificate of registration to an applicant whose license to
engage in animal control or a related profession has been revoked
by another licensing entity in Texas or in another state for (1)
unprofessional conduct, (2) conviction of a felony or an offense
prohibiting cruelty to animals or (3) misconduct in the practice of
animal control or a related profession.

     This section would (b) permit the department to suspend or
revoke registration or refuse renewal if the department determines
that the certificate holder engaged in fraud or deceit to obtain
the certificate, or if the person is grossly incompetent or guilty
of misconduct in the field of animal control. Part (c) specifies
that refusal to renew or suspend certification is a contested case
for the purposes of the Government Code.

     Section 829.008 requires (a) the fees received by the
department to be deposited in the state treasury and to be
appropriated only for enforcement and administration of this
chapter, and (b) requires the TDH to file an annual financial
report as directed by the General Appropriations Act.

     Section 829.009 provides for an advisory committee as follows:

     (a) Creates the Animal Control Advisory Committee consisting
     of five people appointed by the Board.

     (b) Permits the Board to determine terms and appoint
replacements to fill vacated spots.

     (c) Instructs the Advisory Committee to make recommendations
     to the Board regarding adoption of rules and enforcement of
     the chapter.

     (d) Stipulates that members of the Advisory Committee are not
     entitled to compensation, but notwithstanding Article 6252-33
     of the Revised Statutes, the members are entitled to
     reimbursement of reasonable expenses incurred in performing
     committee duties, subject to limitations.
     
     (e) Requires the Board to adopt procedural rules to be used by
     the Advisory Committee to implement duties and powers under
     this section.

     (f) Dictates that the Advisory Committee meet by call of the
     Board.

     Section 829.010 (a) provides an exemption from registration
for someone who is required to be licensed or registered under
another Texas law and who under that license or registration
engages in animal control activities. Section 829.010 (b) specifies
that neither the state nor a political subdivision is required to
employ a person registered under this chapter to fill positions
related to animal control. However, if an individual uses the title
"animal control officer," it requires the person to be registered
under this chapter.

     Section 829.011 (a) gives a person who is registered and
employed as an animal control officer or animal control officer in
training the authority to issue citations for violations of
ordinances or orders relating to animal control, and (b) allows the
governing body of a county or municipality to impose and collect a
surcharge of not more than $4 on each penalty imposed relating to
animal control or animal cruelty. The surcharges may be used only
to pay for continuing education programs required under this
chapter.

     Section 829.012 makes it a Class C misdemeanor to use the
title "animal control officer" or claim to be an animal control
officer if one does not have the required registration.

SECTION 2. Requires animal control certifications to be issued
without examination requirements to those who apply before March 1,
1996, pay the required fees, and submit evidence that the applicant
has been a Texas resident for at least one year, has worked in the
field of animal control for at least three years, and has complied
with all applicable rules of the Texas Board of Health.

SECTION 3. Effective date: September 1, 1995, except Sections
829.002 and 829.012 of the Health and Safety Code, which would take
effect March 1, 1996.

SECTION 4. Emergency clause.


SUMMARY OF COMMITTEE ACTION

H.B. 682 was considered in a public hearing on February 21, 1995.
Testifying on the bill was Dr. Keith Clark with the Texas
Department of Health. No one testified against the bill. A motion
was made that H.B. 682 be favorably reported to the full House
without amendment, with the recommendation that it do pass. The
motion carried with a vote of 6 Ayes, 0 Nays, 0 PNV, and 3 Absent.