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.