BILL ANALYSIS


                                                         H.B. 721
                                          By: De La Garza (Lucio)
                                        Health and Human Services
                                                           4-6-95
                              Senate Committee Report (Unamended)

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

As proposed, H.B. 721 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 rulemaking authority is granted
to the Texas Board of Health under SECTION 10 (Section 826.0451,
Health and Safety Code) of this bill.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 826.002, Health and Safety Code, by
adding Subdivision (12), to define "livestock."

SECTION 2: Amends Section 826.017, Health and Safety Code, as
follows:

     Sec. 826.017.  New heading: DESIGNATION OF LOCAL RABIES
     CONTROL AUTHORITY.  Requires the commissioners court of each
     county and the governing body of each municipality to
     designate an officer to act as the local rabies control,
     rather than health, authority for the purposes of this
     chapter.  Makes conforming changes.
     
     SECTION 3.     Amends Section 826.022, Health and Safety Code, to
provide that an offense under this section is a Class B
misdemeanor, if the court finds that the person on trial for the
offense has been previously convicted of an offense under this
section.

SECTION 4. Amends Chapter 826C, Health and Safety Code, by adding
Section 826.0221, as follows:

     Sec. 826.0221.  TRANSPORTING DOG OR CAT WITHOUT VACCINATION
     CERTIFICATE OR TAG; CRIMINAL PENALTY.  (a) Provides that a
     person commits an offense under this section if the person
     transports a dog or cat three months of age or older without
     having an official rabies vaccination certificate or tag
     showing that the dog or cat, under Section 826.021, has been
     vaccinated to prevent rabies.
     
     (b) Provides that an offense under this section is a Class
       C misdemeanor.
       
       (c) Requires the local rabies control authority to dismiss
       the charges against a person if the authority receives
       proof, within 10 days of the issuance of the citation, that
       the animal had been vaccinated to prevent rabies under
       Section 826.021 before the date of the citation.
       
       (d) Provides that a person does not commit an offense under
       Subsection (a) if the person is a veterinarian, peace
       officer, person employed by an animal shelter, or a person
       employed by or under contract with the state or political
       subdivision of the state to deal with stray animals, and who
       has temporary ownership, custody, or control of a dog or cat
       in connection with that position.
       
       SECTION 5.   Amends Section 826.023, Health and Safety Code, by
adding Subsection (e), to declare that this section does not
prohibit a veterinarian licensed by the State Board of Veterinary
Medical Examiners from selling or dispensing rabies vaccine to an
individual with whom the veterinarian has a veterinarian-client-patient relationship as described under Article 8890, V.T.C.S.
(Veterinary Licensing Act), for the sole purpose of allowing that
individual to administer the rabies vaccine to that individual's
own livestock.

SECTION 6. Amends Section 826.033(a), Health and Safety Code, to
make a conforming change.

SECTION 7. Amends Sections 826.041(a) and (c), Health and Safety
Code, to make conforming changes.

SECTION 8. Amends Section 826.042, Health and Safety Code, to
require the local rabies control authority or a veterinarian to
quarantine or test any animal that the authority or veterinarian
believes is rabid, may have been exposed to rabies, or may have
exposed a person to rabies.  Requires a veterinarian to quarantine
an animal that is in the possession of the veterinarian and that
the veterinarian knows or suspects is rabid or has exposed an
individual to rabies.

SECTION 9. Amends Section 826.043, Health and Safety Code, to
require the veterinarian, if the veterinarian determines that a
quarantined animal does not show the clinical signs of rabies, to
release the animal to its owner under certain conditions. 
Authorizes the county in which the veterinarian is located to
reimburse the veterinarian in a reasonable amount set by the county
for the costs of the quarantine and disposition of an animal whose
owner is unable to pay.  Makes conforming changes.

SECTION 10.    Amends Chapter 826E, Health and Safety Code, by
adding Section 826.0451, as follows:

     Sec. 826.0451.  TRANSPORTATION OR SALE OF HIGH-RISK ANIMAL;
     CRIMINAL PENALTY.  (a) Provides that a person commits an
     offense if the person transports or sells, or possesses for
     the purpose of transporting or selling, an animal from this
     state to another state or country or within this state if the
     animal is of a type that has a high probability of
     transmitting rabies.
     
     (b) Declares that it is not a defense to a prosecution under
       this section that the transportation, possession, or sale of
       the animal is authorized by a permit issued by any state or
       federal agency.
       
       (c) Declares that an offense under this section is a Class
       A misdemeanor.
       
       (d) Requires the Texas Board of Health to define the types
       of animals, excluding dogs and cats, having a high
       probability of transmitting rabies for purposes of this
       section.
       
       (e) Provides that this section does not apply to a pet store
       owner or operator.
       
       SECTION 11.  Amends Chapter 826E, Health and Safety Code, by
adding Section 826.047, as follows:

     Sec. 826.047.  LIMITATION ON LIABILITY.  Provides that a
     veterinarian performing duties under this chapter is not
     liable to the owner of an animal for the death of or injury to
     the animal, except in a case of willful misconduct or gross
     negligence.
     
     SECTION 12.    Amends Section 826.051(c), Health and Safety Code,
to make a conforming change.

SECTION 13.    Amends Section 826.052, Health and Safety Code, to
make a conforming change.

SECTION 14.    Amends Section 826.054(c), Health and Safety Code,
to make a conforming change.

SECTION 15.    Makes application of this Act prospective.

SECTION 16.    Provides that Sections 4 and 10 of this Act expire
September 1, 1997.

SECTION 17.    Emergency clause.
           Effective date: upon passage.