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.