BILL ANALYSIS



C.S.H.B. 721
By: De La Garza
02-22-95
Committee Report (Substituted)

BACKGROUND

Rabies has spread to epidemic proportions in recent months in South
Texas and Hidalgo County. Statistics from the Hidalgo County Health
Department show that there were eight confirmed cases of the
potentially deadly disease from November 1994 to January 1995. The
cases reported by the Hidalgo Health Department included the death
of a 14-year-old Edinburg boy who died from a canine strain of the
rabies disease. The unusually high number of reported rabies cases
has alarmed the county's residents, particularly school-aged
children who are now afraid to go outside for fear of coming in
contact with a rabid animal.

PURPOSE

The bill increases the penalty for failure to vaccinate dogs and
cats annually from a Class C to a Class A misdemeanor, gives
veterinarians legal recourse for impounding animals suspected of
having rabies, places restrictions on the transport of unvaccinated
dogs and cats, and prohibits the transport or sale of animals with
a high probability of transmitting rabies.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill expressly delegates
additional rulemaking authority in Section 8(d), which requires the
Texas Board of Health to define the types of animals considered to
have a high probability of transmitting rabies.

SECTION BY SECTION ANALYSIS

SECTION 1: Amends Section 826.017, Health and Safety Code, changing
language from local health authority to local rabies control
authority.

SECTION 2: Amends Section 826.022(b), Health and Safety Code,
raising the offense for failure to vaccinate from a Class C to
Class A misdemeanor.

SECTION 3. Adds Section 826.0221, Health and Safety Code,
"TRANSPORTING DOG OR CAT WITHOUT VACCINATION CERTIFICATE; CRIMINAL
PENALTY," as follows:

     (a) Requires persons transporting dogs and cats at least 3
     months old to have a valid rabies vaccination certificate.

     (b) Makes an offense under this section a Class C misdemeanor.

     (c) Specifies persons who are exempt from this section when
they are working with stray
     cats or dogs as part of their job duties.

SECTION 4.  Amends Section 826.033(a), Health and Safety Code, to
change language from local health authority to local rabies control
authority.

SECTION 5.  Amends Sections 826.041(a) and (c), Health and Safety
Code, changing language from local health authority to local rabies
control authority.

SECTION 6.  Section 826.042, Health and Safety Code, is amended to
require veterinarians, in addition to the local rabies control
authority, to quarantine or test suspected animals. The scope of
animals affected is expanded to include animals which a
veterinarian or rabies control authority believes is rabid or may
have been exposed to rabies, in addition to those which may have
already exposed a person to rabies.

SECTION 7.  Amends Section 826.043, Health and Safety Code, to
allow a veterinarian as well as a local rabies control authority to
(a) release a quarantined that is not believed to be rabid, (b) to
humanely destroy a rabid animal, (c) to be paid for quarantine of
an animal and to bring suit to collect those costs, and (d) to sell
an animal and keep the proceeds if an animal is not picked up by
its owner. Subsection (c) also allows the county to reimburse a
veterinarian for quarantine costs if an owner is unable to pay.

SECTION 8.  Adds Section 826.0451 to the Health and Safety Code as
follows:

     (a) Makes it an offense to transport, sell, or possess for
     sale or transport within Texas or to other states or countries
     an animal that has a high probability of transmitting rabies.

     (b) States that it is not a defense to prosecution under this
     section that the transportation, possession, or sale of the
     animal is authorized by a permit issued by the Parks and
     Wildlife Department, U.S. Department of Agriculture, or other
     agencies.

     (c) Designates an offense under this section a Class A
     misdemeanor.

     (d) Requires the Board of Health to define the types of
     animals with a high probability of transmitting rabies.

SECTION 9.  Adds Section 826.047, Health and Safety Code, stating
that veterinarians performing duties under this chapter are not
liable to the owner of an animal for the death or injury to the
animal except in case of misconduct or negligence.

SECTION 10.  Amends Section 826.051(c), Health and Safety Code,
changing language from local health authority to local rabies
control authority.

SECTION 11.  Amends Section 826.052, Health and Safety Code,
changing language from local health authority to local rabies
control authority.

SECTION 12.  Section 826.054(c), Health and Safety Code, changing
language from local health authority to local rabies control
authority.

SECTION 13.  States that (a) the change in law made by this Act
applies only to an offense committed on or after the effective date
of this Act, and that (b) an offense committed before the effective
date is covered by the law in effect at that time, which is
continued in effect for that purpose.

SECTION 14.  Emergency clause.


COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute bill changes language in the Rabies Control Act
(Chapter 826, Health and Safety Code) to designate the local rabies
control authority, and not the local health authority, as the
entity responsible for carrying out rabies-control provisions of
the code.

The substitute also clarifies proposed restrictions on the
transport of dogs or cats. The substitute removes language that
could have required an owner to carry a vaccination certificate in
the transporting vehicle. Instead, the substitute requires only
that the owner be able to prove, with a valid certificate, that the
animal has been vaccinated in accordance with the law. In addition,
the substitute requires all owners who transport animals to be able
to provide such proof, not just those transporting animals across
county lines, as the original bill stipulated. Persons who handle
strays as part of their jobs are exempted from this requirement
under the substitute. The minimum age of the animals affected by
the transport provision is lowered from 4 months in the original
bill to 3 months in the substitute.
Lastly, the substitute allows but does not require a county to
reimburse a veterinarian for quarantine costs if an animal's owner
is unable to pay.

SUMMARY OF COMMITTEE ACTION

H.B. 721 was considered in public hearing February 14, 1995.
Testifying for H.B. 721 was Dr. Omar Garza, Hidalgo County. No one
testified against the bill. Testifying neutrally on the bill were
Quirino Munoz, City of Edinburg; Pete Rodriguez, City of Edinburg;
Jim Allison, County Judges and Commissioners Association of Texas;
Dr. Keith A. Clark, Texas Department of Health; and John Herron,
Texas Parks and Wildlife. H.B. 721 was referred to a subcommittee,
consisting of the following members: Representatives Rodriguez,
Chair; Janek; and Glaze. The subcommittee held a formal meeting on
February 20, 1995. A committee substitute was laid out. An
amendment to the substitute was laid out and adopted without
objection. The substitute, as amended, was adopted without
objection. A motion was made that H.B. 721 as substituted be
reported back to the full committee with the recommendation that it
do pass. The motion prevailed without objection. The full committee
met in a formal meeting February 22, 1995, and recalled H.B. 721
from subcommittee. A committee substitute was offered and adopted.
A motion to report H.B. 721 as substituted to the full House with
the recommendation that it do pass was approved with 8 Ayes, 0
Nays, 0 PNV, and 1 Absent.