H.B. No. 721
1-1 AN ACT
1-2 relating to the control of rabies; providing criminal penalties.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 826.002, Health and Safety Code, is
1-5 amended by adding Subdivision (12) to read as follows:
1-6 (12) "Livestock" means an animal raised for human
1-7 consumption or an equine animal.
1-8 SECTION 2. Section 826.017, Health and Safety Code, is
1-9 amended to read as follows:
1-10 Sec. 826.017. Designation of Local RABIES CONTROL <Health>
1-11 Authority. (a) The commissioners court of each county and the
1-12 governing body of each municipality shall designate an officer to
1-13 act as the local rabies control <health> authority for the purposes
1-14 of this chapter.
1-15 (b) Except as restricted by board rule, the officer
1-16 designated as the local rabies control <health> authority may be
1-17 the county health officer, municipal health officer, animal control
1-18 officer, peace officer, or any entity that the commissioners court
1-19 or governing body considers appropriate.
1-20 (c) Among other duties, the local rabies control <health>
1-21 authority shall enforce:
1-22 (1) this chapter and the board rules that comprise the
1-23 minimum standards for rabies control;
1-24 (2) the ordinances or rules of the municipality or
2-1 county that the local rabies control <health> authority serves; and
2-2 (3) the rules adopted by the board under the area
2-3 rabies quarantine provisions of Section 826.045.
2-4 SECTION 3. Section 826.022, Health and Safety Code, is
2-5 amended to read as follows:
2-6 Sec. 826.022. Vaccination; Criminal Penalty. (a) A person
2-7 commits an offense if the person fails or refuses to have each dog
2-8 or cat owned by the person vaccinated against rabies and the animal
2-9 is required to be vaccinated under:
2-10 (1) Section 826.021 and board rules; or
2-11 (2) ordinances or rules adopted under this chapter by
2-12 a county or municipality within whose jurisdiction the act occurs.
2-13 (b) An offense under this section is a Class C misdemeanor.
2-14 (c) If on the trial of an offense under this section the
2-15 court finds that the person has been previously convicted of an
2-16 offense under this section, the offense is a Class B misdemeanor.
2-17 SECTION 4. Subchapter C, Chapter 826, Health and Safety
2-18 Code, is amended by adding Section 826.0221 to read as follows:
2-19 Sec. 826.0221. TRANSPORTING DOG OR CAT WITHOUT VACCINATION
2-20 CERTIFICATE OR TAG; CRIMINAL PENALTY. (a) A person commits an
2-21 offense if the person transports a dog or cat three months of age
2-22 or older without having an official rabies vaccination certificate
2-23 or tag showing that the dog or cat, within the period prescribed by
2-24 the board under Section 826.021, has been vaccinated to prevent
2-25 rabies.
2-26 (b) An offense under this section is a Class C misdemeanor.
2-27 (c) The local rabies control authority shall dismiss the
3-1 charges against a person if the authority receives proof, within 10
3-2 days of the issuance of the citation, that the animal had been
3-3 vaccinated to prevent rabies according to Section 826.021 before
3-4 the date of the citation.
3-5 (d) A person does not commit an offense under Subsection (a)
3-6 if the person is a veterinarian, a peace officer, a person employed
3-7 by an animal shelter, or a person who is employed by or under
3-8 contract with the state or a political subdivision of the state to
3-9 deal with stray animals and who has temporary ownership, custody,
3-10 or control of the dog or cat in connection with that position.
3-11 SECTION 5. Section 826.023, Health and Safety Code, is
3-12 amended by adding Subsection (e) to read as follows:
3-13 (e) This section does not prohibit a veterinarian licensed
3-14 by the State Board of Veterinary Medical Examiners from selling or
3-15 dispensing rabies vaccine to an individual with whom the
3-16 veterinarian has a veterinarian-client-patient relationship as
3-17 described by The Veterinary Licensing Act (Article 8890, Revised
3-18 Statutes) for the sole purpose of allowing that individual to
3-19 administer the rabies vaccine to that individual's own livestock.
3-20 SECTION 6. Section 826.033(a), Health and Safety Code, is
3-21 amended to read as follows:
3-22 (a) The governing body of a municipality and the
3-23 commissioners court of a county may adopt ordinances or rules under
3-24 Section 826.014 or 826.015 to require that:
3-25 (1) each dog or cat be restrained by its owner;
3-26 (2) each stray dog or cat be declared a public
3-27 nuisance;
4-1 (3) each unrestrained dog or cat be detained or
4-2 impounded by the local rabies control <health> authority or that
4-3 officer's designee;
4-4 (4) each stray dog or cat be impounded for a period
4-5 set by ordinance or rule; and
4-6 (5) a humane disposition be made of each unclaimed
4-7 stray dog or cat on the expiration of the required impoundment
4-8 period.
4-9 SECTION 7. Sections 826.041(a) and (c), Health and Safety
4-10 Code, are amended to read as follows:
4-11 (a) A person who knows of an animal bite or scratch to an
4-12 individual that the person could reasonably foresee as capable of
4-13 transmitting rabies, or who knows of an animal that the person
4-14 suspects is rabid, shall report the incident or animal to the local
4-15 rabies control <health> authority of the county or municipality in
4-16 which the person lives, in which the animal is located, or in which
4-17 the exposure occurs.
4-18 (c) The local rabies control <health> authority shall
4-19 investigate a report filed under this section.
4-20 SECTION 8. Section 826.042, Health and Safety Code, is
4-21 amended to read as follows:
4-22 Sec. 826.042. QUARANTINE OF ANIMALS. (a) The board shall
4-23 adopt rules governing the testing of quarantined animals and the
4-24 procedure for and method of quarantine.
4-25 (b) The local rabies control <health> authority or a
4-26 veterinarian shall quarantine or test in accordance with board
4-27 rules any animal that the local rabies control <health> authority
5-1 or veterinarian has probable cause to believe is rabid, may have
5-2 been exposed to rabies, or may have exposed a person to rabies.
5-3 (c) An owner shall submit for quarantine an animal that:
5-4 (1) is reported to be rabid or to have exposed an
5-5 individual to rabies; or
5-6 (2) the owner knows or suspects is rabid or has <to
5-7 have> exposed an individual to rabies.
5-8 (d) The owner shall submit the animal to the local rabies
5-9 control <health> authority of the county or municipality in which
5-10 the exposure occurs.
5-11 (e) A veterinarian shall quarantine an animal that:
5-12 (1) is in the possession of the veterinarian; and
5-13 (2) the veterinarian knows or suspects is rabid or has
5-14 exposed an individual to rabies.
5-15 SECTION 9. Section 826.043, Health and Safety Code, is
5-16 amended to read as follows:
5-17 Sec. 826.043. Release or Disposition of Quarantined Animal.
5-18 (a) If a veterinarian determines that a quarantined animal does
5-19 not show the clinical signs of rabies, the veterinarian or local
5-20 rabies control <health> authority shall release the animal to its
5-21 owner when the quarantine period ends if:
5-22 (1) the owner has an unexpired rabies vaccination
5-23 certificate for the animal; or
5-24 (2) the animal is vaccinated against rabies by a
5-25 licensed veterinarian at the owner's expense.
5-26 (b) If a veterinarian determines that a quarantined animal
5-27 shows the clinical signs of rabies, the veterinarian or local
6-1 rabies control <health> authority shall humanely destroy the
6-2 animal. If an animal dies or is destroyed while in quarantine, the
6-3 veterinarian or local rabies control <health> authority shall
6-4 remove the head or brain of the animal and submit it to the nearest
6-5 department laboratory for testing.
6-6 (c) The owner of an animal that is quarantined under this
6-7 chapter shall pay to the veterinarian or local rabies control
6-8 <health> authority the reasonable costs of the quarantine and
6-9 disposition of the animal. The veterinarian or local rabies
6-10 control <health> authority may bring suit to collect those costs.
6-11 The county in which the veterinarian is located may reimburse the
6-12 veterinarian in a reasonable amount set by the county for the costs
6-13 of the quarantine and disposition of an animal whose owner is
6-14 unable to pay.
6-15 (d) The veterinarian or local rabies control <health>
6-16 authority may sell the animal and retain the proceeds or keep,
6-17 grant, or destroy an animal if the owner or custodian does not take
6-18 possession of the animal before the fourth day following the final
6-19 day of the quarantine period.
6-20 SECTION 10. Subchapter E, Chapter 826, Health and Safety
6-21 Code, is amended by adding Section 826.0451 to read as follows:
6-22 Sec. 826.0451. TRANSPORTATION OR SALE OF HIGH-RISK ANIMAL;
6-23 CRIMINAL PENALTY. (a) A person commits an offense if the person:
6-24 (1) transports, or possesses for the purpose of
6-25 transporting, an animal from this state to another state or country
6-26 or within this state if the animal is of a type that has a high
6-27 probability of transmitting rabies; or
7-1 (2) sells, or possesses for the purpose of sale, an
7-2 animal from this state to a person in another state or country or
7-3 to a person within this state if the animal is of a type that has a
7-4 high probability of transmitting rabies.
7-5 (b) It is not a defense to a prosecution under this section
7-6 that the transportation, possession, or sale of the animal is
7-7 authorized by a permit issued by the Parks and Wildlife Department,
7-8 the United States Department of Agriculture, or any other state or
7-9 federal agency.
7-10 (c) An offense under this section is a Class A misdemeanor.
7-11 (d) The board shall define the types of animals that have a
7-12 high probability of transmitting rabies for purposes of this
7-13 section. The board may not include dogs or cats as types of
7-14 animals that have a high probability of transmitting rabies for
7-15 purposes of this section only.
7-16 (e) This section does not apply to a retail pet store owner
7-17 or operator.
7-18 (f) This section does not apply to a veterinarian, a peace
7-19 officer, a person employed by an animal shelter, or a person who is
7-20 employed by or under contract with the state or a political
7-21 subdivision of the state to deal with stray animals and who has
7-22 temporary ownership, custody, or control of the animal in
7-23 connection with that position.
7-24 SECTION 11. Subchapter E, Chapter 826, Health and Safety
7-25 Code, is amended by adding Section 826.047 to read as follows:
7-26 Sec. 826.047. LIMITATION ON LIABILITY. A veterinarian
7-27 performing duties under this chapter is not liable to the owner of
8-1 an animal for the death of or injury to the animal except in a case
8-2 of wilful misconduct or gross negligence.
8-3 SECTION 12. Section 826.051(c), Health and Safety Code, is
8-4 amended to read as follows:
8-5 (c) In accordance with board rules, a local rabies control
8-6 <health> authority may contract with one or more public or private
8-7 entities to provide and operate a quarantine facility.
8-8 SECTION 13. Section 826.052, Health and Safety Code, is
8-9 amended to read as follows:
8-10 Sec. 826.052. Inspections. An employee of the department,
8-11 on the presentation of appropriate credentials to the local rabies
8-12 control <health> authority or the authority's designee, may conduct
8-13 a reasonable inspection of a quarantine or impoundment facility at
8-14 a reasonable hour to determine if the facility complies with the
8-15 minimum standards adopted by the board for those facilities.
8-16 SECTION 14. Section 826.054(c), Health and Safety Code, is
8-17 amended to read as follows:
8-18 (c) When a court issues an order to a facility to cease
8-19 operation, the local rabies control <health> authority shall remove
8-20 all animals housed in the facility to a shelter approved by the
8-21 department. The county or municipality within whose jurisdiction
8-22 the facility is located shall pay the cost of relocating the
8-23 animals to an approved shelter.
8-24 SECTION 15. (a) The change in law made by this Act applies
8-25 only to an offense committed on or after the effective date of this
8-26 Act. For purposes of this section, an offense is committed before
8-27 the effective date of this Act if any element of the offense occurs
9-1 before that date.
9-2 (b) An offense committed before the effective date of this
9-3 Act is covered by the law in effect when the offense was committed,
9-4 and the former law is continued in effect for that purpose.
9-5 SECTION 16. Sections 4 and 10 of this Act expire September
9-6 1, 1997.
9-7 SECTION 17. The importance of this legislation and the
9-8 crowded condition of the calendars in both houses create an
9-9 emergency and an imperative public necessity that the
9-10 constitutional rule requiring bills to be read on three several
9-11 days in each house be suspended, and this rule is hereby suspended,
9-12 and that this Act take effect and be in force from and after its
9-13 passage, and it is so enacted.