By De la Garza H.B. No. 721
74R3919 KLL-D
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 826.022, Health and Safety Code, is
1-5 amended to read as follows:
1-6 Sec. 826.022. Vaccination; Criminal Penalty. (a) A person
1-7 commits an offense if the person fails or refuses to have each dog
1-8 or cat owned by the person vaccinated against rabies and the animal
1-9 is required to be vaccinated under:
1-10 (1) Section 826.021 and board rules; or
1-11 (2) ordinances or rules adopted under this chapter by
1-12 a county or municipality within whose jurisdiction the act occurs.
1-13 (b) An offense under this section is a Class A <C>
1-14 misdemeanor.
1-15 SECTION 2. Subchapter C, Chapter 826, Health and Safety
1-16 Code, is amended by adding Section 826.0221 to read as follows:
1-17 Sec. 826.0221. TRANSPORTING DOG OR CAT WITHOUT VACCINATION
1-18 CERTIFICATE; CRIMINAL PENALTY. (a) A person commits an offense if
1-19 the person transports a dog or cat four months of age or older from
1-20 one county to another without having in the person's possession an
1-21 official rabies vaccination certificate showing that the dog or
1-22 cat, within the period prescribed by the board under Section
1-23 826.021, has been vaccinated to prevent rabies.
1-24 (b) An offense under this section is a Class C misdemeanor.
2-1 SECTION 3. Section 826.042, Health and Safety Code, is
2-2 amended to read as follows:
2-3 Sec. 826.042. QUARANTINE OF ANIMALS. (a) The board shall
2-4 adopt rules governing the testing of quarantined animals and the
2-5 procedure for and method of quarantine.
2-6 (b) A <The> local health authority or veterinarian shall
2-7 quarantine or test in accordance with board rules any animal that
2-8 the local health authority or veterinarian has probable cause to
2-9 believe is rabid, may have been exposed to rabies, or may have
2-10 exposed a person to rabies.
2-11 (c) An owner shall submit for quarantine an animal that:
2-12 (1) is reported to be rabid or to have exposed an
2-13 individual to rabies; or
2-14 (2) the owner knows or suspects is rabid or has <to
2-15 have> exposed an individual to rabies.
2-16 (d) The owner shall submit the animal to the local health
2-17 authority of the county or municipality in which the exposure
2-18 occurs.
2-19 (e) A veterinarian shall quarantine an animal that:
2-20 (1) is in the possession of the veterinarian; and
2-21 (2) the veterinarian knows or suspects is rabid or has
2-22 exposed an individual to rabies.
2-23 SECTION 4. Section 826.043, Health and Safety Code, is
2-24 amended to read as follows:
2-25 Sec. 826.043. Release or Disposition of Quarantined Animal.
2-26 (a) If a veterinarian determines that a quarantined animal does
2-27 not show the clinical signs of rabies, the veterinarian or local
3-1 health authority shall release the animal to its owner when the
3-2 quarantine period ends if:
3-3 (1) the owner has an unexpired rabies vaccination
3-4 certificate for the animal; or
3-5 (2) the animal is vaccinated against rabies by a
3-6 licensed veterinarian at the owner's expense.
3-7 (b) If a veterinarian determines that a quarantined animal
3-8 shows the clinical signs of rabies, the veterinarian or local
3-9 health authority shall humanely destroy the animal. If an animal
3-10 dies or is destroyed while in quarantine, the veterinarian or local
3-11 health authority shall remove the head or brain of the animal and
3-12 submit it to the nearest department laboratory for testing.
3-13 (c) The owner of an animal that is quarantined under this
3-14 chapter shall pay to the veterinarian or local health authority the
3-15 reasonable costs of the quarantine and disposition of the animal.
3-16 The veterinarian or local health authority may bring suit to
3-17 collect those costs. The county in which the veterinarian is
3-18 located shall reimburse the veterinarian in a reasonable amount set
3-19 by the county for the costs of the quarantine and disposition of an
3-20 animal whose owner is unable to pay.
3-21 (d) The veterinarian or local health authority may sell the
3-22 animal and retain the proceeds or keep, grant, or destroy an animal
3-23 if the owner or custodian does not take possession of the animal
3-24 before the fourth day following the final day of the quarantine
3-25 period.
3-26 SECTION 5. Subchapter E, Chapter 826, Health and Safety
3-27 Code, is amended by adding Section 826.0451 to read as follows:
4-1 Sec. 826.0451. TRANSPORTATION OR SALE OF HIGH RISK ANIMAL;
4-2 CRIMINAL PENALTY. (a) A person commits an offense if the person:
4-3 (1) transports or possesses for the purpose of
4-4 transporting an animal from this state to another state or country
4-5 for the purpose of hunting, injuring, or killing the animal for
4-6 amusement or sport if the animal is of a type that has a high
4-7 probability of transmitting rabies; or
4-8 (2) sells or possesses for the purpose of sale an
4-9 animal from this state to a person in another state or country for
4-10 the purpose of hunting, injuring, or killing the animal for
4-11 amusement or sport if the animal is of a type that has a high
4-12 probability of transmitting rabies.
4-13 (b) It is not a defense to a prosecution under this section
4-14 that the transportation, possession, or sale of the animal is
4-15 authorized by a permit issued by the Parks and Wildlife Department.
4-16 (c) An offense under this section is a Class C misdemeanor.
4-17 (d) The board shall define the types of animals that have a
4-18 high probability of transmitting rabies for purposes of this
4-19 section.
4-20 SECTION 6. Subchapter E, Chapter 826, Health and Safety
4-21 Code, is amended by adding Section 826.047 to read as follows:
4-22 Sec. 826.047. LIMITATION ON LIABILITY. A veterinarian
4-23 performing duties under this chapter is not liable to the owner of
4-24 an animal for the death of or injury to the animal except in a case
4-25 of wilful misconduct or gross negligence.
4-26 SECTION 7. (a) The change in law made by this Act applies
4-27 only to an offense committed on or after the effective date of this
5-1 Act. For purposes of this section, an offense is committed before
5-2 the effective date of this Act if any element of the offense occurs
5-3 before that date.
5-4 (b) An offense committed before the effective date of this
5-5 Act is covered by the law in effect when the offense was committed,
5-6 and the former law is continued in effect for that purpose.
5-7 SECTION 8. The importance of this legislation and the
5-8 crowded condition of the calendars in both houses create an
5-9 emergency and an imperative public necessity that the
5-10 constitutional rule requiring bills to be read on three several
5-11 days in each house be suspended, and this rule is hereby suspended,
5-12 and that this Act take effect and be in force from and after its
5-13 passage, and it is so enacted.