By Craddick H.B. No. 682 74R722 MLR-F A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the regulation of certain animal control officers; 1-3 providing a penalty. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Title 10, Health and Safety Code, is amended by 1-6 adding Chapter 829 to read as follows: 1-7 CHAPTER 829. ANIMAL CONTROL OFFICERS 1-8 Sec. 829.001. DEFINITIONS. In this chapter: 1-9 (1) "Animal control" means the enforcement of state 1-10 and local laws relating to prevention of animal and human rabies 1-11 episodes, prevention of zoonotic diseases, community health and 1-12 safety, and other animal-related problems. 1-13 (2) "Animal control officer" means an agent of this 1-14 state or of a political subdivision of this state who engages in 1-15 animal control and who is certified or holds an animal control 1-16 officer in training certificate as provided by Section 829.005. 1-17 (3) "Board" means the Texas Board of Health. 1-18 (4) "Department" means the Texas Department of Health. 1-19 Sec. 829.002. REGISTRATION REQUIRED. A person may not 1-20 represent that the person is an "animal control officer" or "animal 1-21 control officer in training" by use of these titles unless the 1-22 person holds a certificate of registration issued under this 1-23 chapter. 1-24 Sec. 829.003. POWERS AND DUTIES OF BOARD. The board by rule 2-1 shall: 2-2 (1) adopt standards and educational requirements 2-3 consistent with those established under Chapter 823 for the 2-4 registration of animal control officers and animal control officers 2-5 in training; 2-6 (2) prescribe application forms for original and 2-7 renewal certificates of registration; and 2-8 (3) set application, registration, examination, and 2-9 renewal fees in amounts that are reasonable and necessary to cover 2-10 the costs of administering this chapter. 2-11 Sec. 829.004. RECORD OF PROCEEDINGS; REGISTER OF APPLICANTS. 2-12 (a) The department shall keep a record of all proceedings under 2-13 this chapter. 2-14 (b) The department shall maintain records for registration 2-15 under this chapter as required by board rule. 2-16 Sec. 829.005. REQUIREMENTS FOR CERTIFICATE OF REGISTRATION; 2-17 REGISTRATION OF OFFICER IN TRAINING. (a) To receive a certificate 2-18 of registration under this chapter, an applicant must: 2-19 (1) meet the requirements prescribed by this chapter 2-20 and by board rule; 2-21 (2) have at least one year of full-time experience in 2-22 the field of animal control; 2-23 (3) pass the examinations conducted by the department; 2-24 and 2-25 (4) pay the initial application, registration, and 2-26 examination fees. 2-27 (b) A certificate of registration issued under this chapter 3-1 is valid throughout this state. 3-2 (c) A certificate of registration issued under this chapter 3-3 is not assignable or transferable. 3-4 (d) An applicant for a certificate of registration under 3-5 this chapter who has less than one year of full-time experience in 3-6 the field of animal control, on successful completion of the animal 3-7 control examinations conducted by the department and payment of the 3-8 required fees and in compliance with any applicable board rules, is 3-9 entitled to receive an animal control officer in training 3-10 certificate of registration. The certificate is valid for one year 3-11 after the date of issuance. The department shall issue an animal 3-12 control officer certificate of registration after the holder of the 3-13 animal control officer in training certificate completes one year 3-14 of full-time service in the field of animal control. 3-15 Sec. 829.006. REGISTRATION RENEWAL. (a) An animal control 3-16 officer certificate of registration issued under this chapter is 3-17 valid for three years and may be renewed on payment of the required 3-18 renewal fee and successful completion of the department-approved 3-19 continuing education programs as prescribed by the board. 3-20 (b) A certificate of registration revoked by the department 3-21 for failure to pay a renewal fee may be reinstated as provided by 3-22 board rule. 3-23 Sec. 829.007. DENIAL, SUSPENSION, AND REVOCATION OF 3-24 REGISTRATION. (a) The department may refuse to issue a 3-25 certificate of registration to an applicant whose certification or 3-26 license to engage in animal control or a related profession has 3-27 been revoked by another licensing entity in this or another state 4-1 for: 4-2 (1) unprofessional conduct; 4-3 (2) conviction of a felony or an offense prohibiting 4-4 cruelty to animals; or 4-5 (3) misconduct in the practice of animal control or a 4-6 related profession. 4-7 (b) The department may suspend, revoke, or refuse to renew a 4-8 certificate of registration issued under this chapter if the 4-9 department determines that the certificate holder engaged in fraud 4-10 or deceit in obtaining a certificate or is grossly negligent, 4-11 incompetent, or guilty of misconduct in the practice of animal 4-12 control. 4-13 (c) The refusal to renew or the denial, suspension, or 4-14 revocation of a certificate of registration under this chapter is a 4-15 contested case for purposes of Chapter 2001, Government Code. 4-16 Sec. 829.008. FUNDING; ANNUAL REPORT. (a) Fees received by 4-17 the department under this chapter shall be deposited in the state 4-18 treasury to the credit of an account in the general revenue fund to 4-19 be known as the animal control registration account and may be 4-20 appropriated only for the administration and enforcement of this 4-21 chapter. 4-22 (b) The department shall file annually with the governor and 4-23 the presiding officer of each house of the legislature a complete 4-24 and detailed report accounting for all funds received and disbursed 4-25 by the department under this chapter during the preceding fiscal 4-26 year. The annual report must be in the form and reported in the 4-27 time provided by the General Appropriations Act. 5-1 Sec. 829.009. ADVISORY COMMITTEE. (a) The Animal Control 5-2 Advisory Committee is created. The advisory committee is composed 5-3 of five persons appointed by the board from names submitted by 5-4 professional organizations related to animal control. 5-5 (b) The board shall provide by rule for the terms to be 5-6 served by members of the advisory committee. If a vacancy occurs 5-7 during a term, the board shall appoint a replacement who meets the 5-8 qualifications of the vacated office to fill the unexpired part of 5-9 the term. 5-10 (c) The advisory committee shall: 5-11 (1) make recommendations to the board regarding the 5-12 adoption of rules under this chapter; and 5-13 (2) advise the department on the enforcement of this 5-14 chapter. 5-15 (d) A member of the advisory committee is not entitled to 5-16 receive compensation for serving as a member of the committee. 5-17 Notwithstanding Article 6252-33, Revised Statutes, a member is 5-18 entitled to reimbursement for reasonable expenses incurred in 5-19 performing duties as a member of the advisory committee, subject to 5-20 any applicable limitation in the General Appropriations Act. 5-21 However, a member may not be reimbursed for expenses for more than 5-22 four meetings in any 12 months. 5-23 (e) The board shall adopt procedural rules to be used by the 5-24 advisory committee in implementing its powers and duties under this 5-25 section. 5-26 (f) The advisory committee shall meet at the call of the 5-27 board. 6-1 Sec. 829.010. EXEMPTION; APPLICABILITY. (a) A person who 6-2 is required to be licensed or registered under another law of this 6-3 state and who under the license or registration engages in animal 6-4 control is not required to be registered under this chapter. 6-5 (b) The state or a political subdivision of the state is not 6-6 required to fill a position having duties related to animal control 6-7 by employing a person registered under this chapter. If the state 6-8 or a political subdivision of the state employs a person who uses 6-9 the title "animal control officer," however, the person must be 6-10 registered under this chapter. 6-11 Sec. 829.011. ENFORCEMENT OF ANIMAL CONTROL ORDINANCES AND 6-12 ORDERS. (a) A person who holds a certificate of registration 6-13 under this chapter and is employed as an animal control officer or 6-14 animal control officer in training by a political subdivision of 6-15 the state may issue citations for violations of the political 6-16 subdivision's ordinances or orders relating to animal control. 6-17 (b) The governing body of a county or municipality may 6-18 impose and collect a surcharge of not more than $4 on each penalty 6-19 imposed for violation of an ordinance or order of the political 6-20 subdivision relating to animal control or animal cruelty. The 6-21 surcharges collected may be used only to pay for continuing 6-22 education programs required by the department under this chapter 6-23 for renewal of registration as an animal control officer. 6-24 Sec. 829.012. CRIMINAL PENALTY. (a) A person who is not 6-25 exempt from this chapter under Section 829.010(a) commits an 6-26 offense if the person claims to be an animal control officer or 6-27 uses a title containing the words "animal control officer" and the 7-1 person does not hold a certificate of registration under this 7-2 chapter. 7-3 (b) An offense under this section is a Class C misdemeanor. 7-4 SECTION 2. The Texas Department of Health shall issue a 7-5 certificate of registration as an animal control officer without 7-6 requiring the successful completion of the examination required by 7-7 Section 829.005(a), Health and Safety Code, as added by this Act, 7-8 to a person who: 7-9 (1) applies to the department for a certificate of 7-10 registration before March 1, 1996; 7-11 (2) pays any required fees; and 7-12 (3) submits evidence satisfactory to the department 7-13 that the person: 7-14 (A) has been a resident of the state for at 7-15 least one year before the date of application; 7-16 (B) has been employed in the field of animal 7-17 control for at least three years; and 7-18 (C) has complied with all applicable rules of 7-19 the Texas Board of Health. 7-20 SECTION 3. This Act takes effect September 1, 1995, except 7-21 that Section 829.002 and Section 829.012, Health and Safety Code, 7-22 as added by this Act, take effect March 1, 1996. 7-23 SECTION 4. The importance of this legislation and the 7-24 crowded condition of the calendars in both houses create an 7-25 emergency and an imperative public necessity that the 7-26 constitutional rule requiring bills to be read on three several 7-27 days in each house be suspended, and this rule is hereby suspended.