74R6451 KLL-D
By De la Garza, et al. H.B. No. 721
Substitute the following for H.B. No. 721:
By Janek C.S.H.B. No. 721
A BILL TO BE ENTITLED
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 826.017, Health and Safety Code, is
1-5 amended to read as follows:
1-6 Sec. 826.017. Designation of Local RABIES CONTROL <Health>
1-7 Authority. (a) The commissioners court of each county and the
1-8 governing body of each municipality shall designate an officer to
1-9 act as the local rabies control <health> authority for the purposes
1-10 of this chapter.
1-11 (b) Except as restricted by board rule, the officer
1-12 designated as the local rabies control <health> authority may be
1-13 the county health officer, municipal health officer, animal control
1-14 officer, peace officer, or any entity that the commissioners court
1-15 or governing body considers appropriate.
1-16 (c) Among other duties, the local rabies control <health>
1-17 authority shall enforce:
1-18 (1) this chapter and the board rules that comprise the
1-19 minimum standards for rabies control;
1-20 (2) the ordinances or rules of the municipality or
1-21 county that the local rabies control <health> authority serves; and
1-22 (3) the rules adopted by the board under the area
1-23 rabies quarantine provisions of Section 826.045.
1-24 SECTION 2. Section 826.022, Health and Safety Code, is
2-1 amended to read as follows:
2-2 Sec. 826.022. Vaccination; Criminal Penalty. (a) A person
2-3 commits an offense if the person fails or refuses to have each dog
2-4 or cat owned by the person vaccinated against rabies and the animal
2-5 is required to be vaccinated under:
2-6 (1) Section 826.021 and board rules; or
2-7 (2) ordinances or rules adopted under this chapter by
2-8 a county or municipality within whose jurisdiction the act occurs.
2-9 (b) An offense under this section is a Class A <C>
2-10 misdemeanor.
2-11 SECTION 3. Subchapter C, Chapter 826, Health and Safety
2-12 Code, is amended by adding Section 826.0221 to read as follows:
2-13 Sec. 826.0221. TRANSPORTING DOG OR CAT WITHOUT VACCINATION
2-14 CERTIFICATE; CRIMINAL PENALTY. (a) A person commits an offense if
2-15 the person transports a dog or cat three months of age or older
2-16 without having an official rabies vaccination certificate showing
2-17 that the dog or cat, within the period prescribed by the board
2-18 under Section 826.021, has been vaccinated to prevent rabies.
2-19 (b) An offense under this section is a Class C misdemeanor.
2-20 (c) A person does not commit an offense under Subsection (a)
2-21 if the person is a veterinarian, a peace officer, a person employed
2-22 by an animal shelter, or a person who is employed by or under
2-23 contract with the state or a political subdivision of the state to
2-24 deal with stray animals and who has temporary ownership, custody,
2-25 or control of the dog or cat in connection with that position.
2-26 SECTION 4. Section 826.033(a), Health and Safety Code, is
2-27 amended to read as follows:
3-1 (a) The governing body of a municipality and the
3-2 commissioners court of a county may adopt ordinances or rules under
3-3 Section 826.014 or 826.015 to require that:
3-4 (1) each dog or cat be restrained by its owner;
3-5 (2) each stray dog or cat be declared a public
3-6 nuisance;
3-7 (3) each unrestrained dog or cat be detained or
3-8 impounded by the local rabies control <health> authority or that
3-9 officer's designee;
3-10 (4) each stray dog or cat be impounded for a period
3-11 set by ordinance or rule; and
3-12 (5) a humane disposition be made of each unclaimed
3-13 stray dog or cat on the expiration of the required impoundment
3-14 period.
3-15 SECTION 5. Sections 826.041(a) and (c), Health and Safety
3-16 Code, are amended to read as follows:
3-17 (a) A person who knows of an animal bite or scratch to an
3-18 individual that the person could reasonably foresee as capable of
3-19 transmitting rabies, or who knows of an animal that the person
3-20 suspects is rabid, shall report the incident or animal to the local
3-21 rabies control <health> authority of the county or municipality in
3-22 which the person lives, in which the animal is located, or in which
3-23 the exposure occurs.
3-24 (c) The local rabies control <health> authority shall
3-25 investigate a report filed under this section.
3-26 SECTION 6. Section 826.042, Health and Safety Code, is
3-27 amended to read as follows:
4-1 Sec. 826.042. QUARANTINE OF ANIMALS. (a) The board shall
4-2 adopt rules governing the testing of quarantined animals and the
4-3 procedure for and method of quarantine.
4-4 (b) The local rabies control <health> authority or a
4-5 veterinarian shall quarantine or test in accordance with board
4-6 rules any animal that the local rabies control <health> authority
4-7 or veterinarian has probable cause to believe is rabid, may have
4-8 been exposed to rabies, or may have exposed a person to rabies.
4-9 (c) An owner shall submit for quarantine an animal that:
4-10 (1) is reported to be rabid or to have exposed an
4-11 individual to rabies; or
4-12 (2) the owner knows or suspects is rabid or has <to
4-13 have> exposed an individual to rabies.
4-14 (d) The owner shall submit the animal to the local rabies
4-15 control <health> authority of the county or municipality in which
4-16 the exposure occurs.
4-17 (e) A veterinarian shall quarantine an animal that:
4-18 (1) is in the possession of the veterinarian; and
4-19 (2) the veterinarian knows or suspects is rabid or has
4-20 exposed an individual to rabies.
4-21 SECTION 7. Section 826.043, Health and Safety Code, is
4-22 amended to read as follows:
4-23 Sec. 826.043. Release or Disposition of Quarantined Animal.
4-24 (a) If a veterinarian determines that a quarantined animal does
4-25 not show the clinical signs of rabies, the veterinarian or local
4-26 rabies control <health> authority shall release the animal to its
4-27 owner when the quarantine period ends if:
5-1 (1) the owner has an unexpired rabies vaccination
5-2 certificate for the animal; or
5-3 (2) the animal is vaccinated against rabies by a
5-4 licensed veterinarian at the owner's expense.
5-5 (b) If a veterinarian determines that a quarantined animal
5-6 shows the clinical signs of rabies, the veterinarian or local
5-7 rabies control <health> authority shall humanely destroy the
5-8 animal. If an animal dies or is destroyed while in quarantine, the
5-9 veterinarian or local rabies control <health> authority shall
5-10 remove the head or brain of the animal and submit it to the nearest
5-11 department laboratory for testing.
5-12 (c) The owner of an animal that is quarantined under this
5-13 chapter shall pay to the veterinarian or local rabies control
5-14 <health> authority the reasonable costs of the quarantine and
5-15 disposition of the animal. The veterinarian or local rabies
5-16 control <health> authority may bring suit to collect those costs.
5-17 The county in which the veterinarian is located may reimburse the
5-18 veterinarian in a reasonable amount set by the county for the costs
5-19 of the quarantine and disposition of an animal whose owner is
5-20 unable to pay.
5-21 (d) The veterinarian or local rabies control <health>
5-22 authority may sell the animal and retain the proceeds or keep,
5-23 grant, or destroy an animal if the owner or custodian does not take
5-24 possession of the animal before the fourth day following the final
5-25 day of the quarantine period.
5-26 SECTION 8. Subchapter E, Chapter 826, Health and Safety
5-27 Code, is amended by adding Section 826.0451 to read as follows:
6-1 Sec. 826.0451. TRANSPORTATION OR SALE OF HIGH RISK ANIMAL;
6-2 CRIMINAL PENALTY. (a) A person commits an offense if the person:
6-3 (1) transports, or possesses for the purpose of
6-4 transporting, an animal from this state to another state or country
6-5 or within this state if the animal is of a type that has a high
6-6 probability of transmitting rabies; or
6-7 (2) sells, or possesses for the purpose of sale, an
6-8 animal from this state to a person in another state or country or
6-9 to a person within this state if the animal is of a type that has a
6-10 high probability of transmitting rabies.
6-11 (b) It is not a defense to a prosecution under this section
6-12 that the transportation, possession, or sale of the animal is
6-13 authorized by a permit issued by the Parks and Wildlife Department,
6-14 the United States Department of Agriculture, or any other state or
6-15 federal agency.
6-16 (c) An offense under this section is a Class A misdemeanor.
6-17 (d) The board shall define the types of animals that have a
6-18 high probability of transmitting rabies for purposes of this
6-19 section.
6-20 SECTION 9. Subchapter E, Chapter 826, Health and Safety
6-21 Code, is amended by adding Section 826.047 to read as follows:
6-22 Sec. 826.047. LIMITATION ON LIABILITY. A veterinarian
6-23 performing duties under this chapter is not liable to the owner of
6-24 an animal for the death of or injury to the animal except in a case
6-25 of wilful misconduct or gross negligence.
6-26 SECTION 10. Section 826.051(c), Health and Safety Code, is
6-27 amended to read as follows:
7-1 (c) In accordance with board rules, a local rabies control
7-2 <health> authority may contract with one or more public or private
7-3 entities to provide and operate a quarantine facility.
7-4 SECTION 11. Section 826.052, Health and Safety Code, is
7-5 amended to read as follows:
7-6 Sec. 826.052. Inspections. An employee of the department,
7-7 on the presentation of appropriate credentials to the local rabies
7-8 control <health> authority or the authority's designee, may conduct
7-9 a reasonable inspection of a quarantine or impoundment facility at
7-10 a reasonable hour to determine if the facility complies with the
7-11 minimum standards adopted by the board for those facilities.
7-12 SECTION 12. Section 826.054(c), Health and Safety Code, is
7-13 amended to read as follows:
7-14 (c) When a court issues an order to a facility to cease
7-15 operation, the local rabies control <health> authority shall remove
7-16 all animals housed in the facility to a shelter approved by the
7-17 department. The county or municipality within whose jurisdiction
7-18 the facility is located shall pay the cost of relocating the
7-19 animals to an approved shelter.
7-20 SECTION 13. (a) The change in law made by this Act applies
7-21 only to an offense committed on or after the effective date of this
7-22 Act. For purposes of this section, an offense is committed before
7-23 the effective date of this Act if any element of the offense occurs
7-24 before that date.
7-25 (b) An offense committed before the effective date of this
7-26 Act is covered by the law in effect when the offense was committed,
7-27 and the former law is continued in effect for that purpose.
8-1 SECTION 14. The importance of this legislation and the
8-2 crowded condition of the calendars in both houses create an
8-3 emergency and an imperative public necessity that the
8-4 constitutional rule requiring bills to be read on three several
8-5 days in each house be suspended, and this rule is hereby suspended,
8-6 and that this Act take effect and be in force from and after its
8-7 passage, and it is so enacted.