1-1 By: De La Garza, et al. (Senate Sponsor - Lucio) H.B. No. 721
1-2 (In the Senate - Received from the House March 20, 1995;
1-3 March 22, 1995, read first time and referred to Committee on Health
1-4 and Human Services; April 5, 1995, reported favorably by the
1-5 following vote: Yeas 6, Nays 0; April 5, 1995, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the control of rabies; providing criminal penalties.
1-9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-10 SECTION 1. Section 826.002, Health and Safety Code, is
1-11 amended by adding Subdivision (12) to read as follows:
1-12 (12) "Livestock" means an animal raised for human
1-13 consumption or an equine animal.
1-14 SECTION 2. Section 826.017, Health and Safety Code, is
1-15 amended to read as follows:
1-16 Sec. 826.017. Designation of Local RABIES CONTROL <Health>
1-17 Authority. (a) The commissioners court of each county and the
1-18 governing body of each municipality shall designate an officer to
1-19 act as the local rabies control <health> authority for the purposes
1-20 of this chapter.
1-21 (b) Except as restricted by board rule, the officer
1-22 designated as the local rabies control <health> authority may be
1-23 the county health officer, municipal health officer, animal control
1-24 officer, peace officer, or any entity that the commissioners court
1-25 or governing body considers appropriate.
1-26 (c) Among other duties, the local rabies control <health>
1-27 authority shall enforce:
1-28 (1) this chapter and the board rules that comprise the
1-29 minimum standards for rabies control;
1-30 (2) the ordinances or rules of the municipality or
1-31 county that the local rabies control <health> authority serves; and
1-32 (3) the rules adopted by the board under the area
1-33 rabies quarantine provisions of Section 826.045.
1-34 SECTION 3. Section 826.022, Health and Safety Code, is
1-35 amended to read as follows:
1-36 Sec. 826.022. Vaccination; Criminal Penalty. (a) A person
1-37 commits an offense if the person fails or refuses to have each dog
1-38 or cat owned by the person vaccinated against rabies and the animal
1-39 is required to be vaccinated under:
1-40 (1) Section 826.021 and board rules; or
1-41 (2) ordinances or rules adopted under this chapter by
1-42 a county or municipality within whose jurisdiction the act occurs.
1-43 (b) An offense under this section is a Class C misdemeanor.
1-44 (c) If on the trial of an offense under this section the
1-45 court finds that the person has been previously convicted of an
1-46 offense under this section, the offense is a Class B misdemeanor.
1-47 SECTION 4. Subchapter C, Chapter 826, Health and Safety
1-48 Code, is amended by adding Section 826.0221 to read as follows:
1-49 Sec. 826.0221. TRANSPORTING DOG OR CAT WITHOUT VACCINATION
1-50 CERTIFICATE OR TAG; CRIMINAL PENALTY. (a) A person commits an
1-51 offense if the person transports a dog or cat three months of age
1-52 or older without having an official rabies vaccination certificate
1-53 or tag showing that the dog or cat, within the period prescribed by
1-54 the board under Section 826.021, has been vaccinated to prevent
1-55 rabies.
1-56 (b) An offense under this section is a Class C misdemeanor.
1-57 (c) The local rabies control authority shall dismiss the
1-58 charges against a person if the authority receives proof, within 10
1-59 days of the issuance of the citation, that the animal had been
1-60 vaccinated to prevent rabies according to Section 826.021 before
1-61 the date of the citation.
1-62 (d) A person does not commit an offense under Subsection (a)
1-63 if the person is a veterinarian, a peace officer, a person employed
1-64 by an animal shelter, or a person who is employed by or under
1-65 contract with the state or a political subdivision of the state to
1-66 deal with stray animals and who has temporary ownership, custody,
1-67 or control of the dog or cat in connection with that position.
1-68 SECTION 5. Section 826.023, Health and Safety Code, is
2-1 amended by adding Subsection (e) to read as follows:
2-2 (e) This section does not prohibit a veterinarian licensed
2-3 by the State Board of Veterinary Medical Examiners from selling or
2-4 dispensing rabies vaccine to an individual with whom the
2-5 veterinarian has a veterinarian-client-patient relationship as
2-6 described by The Veterinary Licensing Act (Article 8890, Revised
2-7 Statutes) for the sole purpose of allowing that individual to
2-8 administer the rabies vaccine to that individual's own livestock.
2-9 SECTION 6. Section 826.033(a), Health and Safety Code, is
2-10 amended to read as follows:
2-11 (a) The governing body of a municipality and the
2-12 commissioners court of a county may adopt ordinances or rules under
2-13 Section 826.014 or 826.015 to require that:
2-14 (1) each dog or cat be restrained by its owner;
2-15 (2) each stray dog or cat be declared a public
2-16 nuisance;
2-17 (3) each unrestrained dog or cat be detained or
2-18 impounded by the local rabies control <health> authority or that
2-19 officer's designee;
2-20 (4) each stray dog or cat be impounded for a period
2-21 set by ordinance or rule; and
2-22 (5) a humane disposition be made of each unclaimed
2-23 stray dog or cat on the expiration of the required impoundment
2-24 period.
2-25 SECTION 7. Sections 826.041(a) and (c), Health and Safety
2-26 Code, are amended to read as follows:
2-27 (a) A person who knows of an animal bite or scratch to an
2-28 individual that the person could reasonably foresee as capable of
2-29 transmitting rabies, or who knows of an animal that the person
2-30 suspects is rabid, shall report the incident or animal to the local
2-31 rabies control <health> authority of the county or municipality in
2-32 which the person lives, in which the animal is located, or in which
2-33 the exposure occurs.
2-34 (c) The local rabies control <health> authority shall
2-35 investigate a report filed under this section.
2-36 SECTION 8. Section 826.042, Health and Safety Code, is
2-37 amended to read as follows:
2-38 Sec. 826.042. QUARANTINE OF ANIMALS. (a) The board shall
2-39 adopt rules governing the testing of quarantined animals and the
2-40 procedure for and method of quarantine.
2-41 (b) The local rabies control <health> authority or a
2-42 veterinarian shall quarantine or test in accordance with board
2-43 rules any animal that the local rabies control <health> authority
2-44 or veterinarian has probable cause to believe is rabid, may have
2-45 been exposed to rabies, or may have exposed a person to rabies.
2-46 (c) An owner shall submit for quarantine an animal that:
2-47 (1) is reported to be rabid or to have exposed an
2-48 individual to rabies; or
2-49 (2) the owner knows or suspects is rabid or has <to
2-50 have> exposed an individual to rabies.
2-51 (d) The owner shall submit the animal to the local rabies
2-52 control <health> authority of the county or municipality in which
2-53 the exposure occurs.
2-54 (e) A veterinarian shall quarantine an animal that:
2-55 (1) is in the possession of the veterinarian; and
2-56 (2) the veterinarian knows or suspects is rabid or has
2-57 exposed an individual to rabies.
2-58 SECTION 9. Section 826.043, Health and Safety Code, is
2-59 amended to read as follows:
2-60 Sec. 826.043. Release or Disposition of Quarantined Animal.
2-61 (a) If a veterinarian determines that a quarantined animal does
2-62 not show the clinical signs of rabies, the veterinarian or local
2-63 rabies control <health> authority shall release the animal to its
2-64 owner when the quarantine period ends if:
2-65 (1) the owner has an unexpired rabies vaccination
2-66 certificate for the animal; or
2-67 (2) the animal is vaccinated against rabies by a
2-68 licensed veterinarian at the owner's expense.
2-69 (b) If a veterinarian determines that a quarantined animal
2-70 shows the clinical signs of rabies, the veterinarian or local
3-1 rabies control <health> authority shall humanely destroy the
3-2 animal. If an animal dies or is destroyed while in quarantine, the
3-3 veterinarian or local rabies control <health> authority shall
3-4 remove the head or brain of the animal and submit it to the nearest
3-5 department laboratory for testing.
3-6 (c) The owner of an animal that is quarantined under this
3-7 chapter shall pay to the veterinarian or local rabies control
3-8 <health> authority the reasonable costs of the quarantine and
3-9 disposition of the animal. The veterinarian or local rabies
3-10 control <health> authority may bring suit to collect those costs.
3-11 The county in which the veterinarian is located may reimburse the
3-12 veterinarian in a reasonable amount set by the county for the costs
3-13 of the quarantine and disposition of an animal whose owner is
3-14 unable to pay.
3-15 (d) The veterinarian or local rabies control <health>
3-16 authority may sell the animal and retain the proceeds or keep,
3-17 grant, or destroy an animal if the owner or custodian does not take
3-18 possession of the animal before the fourth day following the final
3-19 day of the quarantine period.
3-20 SECTION 10. Subchapter E, Chapter 826, Health and Safety
3-21 Code, is amended by adding Section 826.0451 to read as follows:
3-22 Sec. 826.0451. TRANSPORTATION OR SALE OF HIGH-RISK ANIMAL;
3-23 CRIMINAL PENALTY. (a) A person commits an offense if the person:
3-24 (1) transports, or possesses for the purpose of
3-25 transporting, an animal from this state to another state or country
3-26 or within this state if the animal is of a type that has a high
3-27 probability of transmitting rabies; or
3-28 (2) sells, or possesses for the purpose of sale, an
3-29 animal from this state to a person in another state or country or
3-30 to a person within this state if the animal is of a type that has a
3-31 high probability of transmitting rabies.
3-32 (b) It is not a defense to a prosecution under this section
3-33 that the transportation, possession, or sale of the animal is
3-34 authorized by a permit issued by the Parks and Wildlife Department,
3-35 the United States Department of Agriculture, or any other state or
3-36 federal agency.
3-37 (c) An offense under this section is a Class A misdemeanor.
3-38 (d) The board shall define the types of animals that have a
3-39 high probability of transmitting rabies for purposes of this
3-40 section. The board may not include dogs or cats as types of
3-41 animals that have a high probability of transmitting rabies for
3-42 purposes of this section only.
3-43 (e) This section does not apply to a retail pet store owner
3-44 or operator.
3-45 SECTION 11. Subchapter E, Chapter 826, Health and Safety
3-46 Code, is amended by adding Section 826.047 to read as follows:
3-47 Sec. 826.047. LIMITATION ON LIABILITY. A veterinarian
3-48 performing duties under this chapter is not liable to the owner of
3-49 an animal for the death of or injury to the animal except in a case
3-50 of wilful misconduct or gross negligence.
3-51 SECTION 12. Section 826.051(c), Health and Safety Code, is
3-52 amended to read as follows:
3-53 (c) In accordance with board rules, a local rabies control
3-54 <health> authority may contract with one or more public or private
3-55 entities to provide and operate a quarantine facility.
3-56 SECTION 13. Section 826.052, Health and Safety Code, is
3-57 amended to read as follows:
3-58 Sec. 826.052. Inspections. An employee of the department,
3-59 on the presentation of appropriate credentials to the local rabies
3-60 control <health> authority or the authority's designee, may conduct
3-61 a reasonable inspection of a quarantine or impoundment facility at
3-62 a reasonable hour to determine if the facility complies with the
3-63 minimum standards adopted by the board for those facilities.
3-64 SECTION 14. Section 826.054(c), Health and Safety Code, is
3-65 amended to read as follows:
3-66 (c) When a court issues an order to a facility to cease
3-67 operation, the local rabies control <health> authority shall remove
3-68 all animals housed in the facility to a shelter approved by the
3-69 department. The county or municipality within whose jurisdiction
3-70 the facility is located shall pay the cost of relocating the
4-1 animals to an approved shelter.
4-2 SECTION 15. (a) The change in law made by this Act applies
4-3 only to an offense committed on or after the effective date of this
4-4 Act. For purposes of this section, an offense is committed before
4-5 the effective date of this Act if any element of the offense occurs
4-6 before that date.
4-7 (b) An offense committed before the effective date of this
4-8 Act is covered by the law in effect when the offense was committed,
4-9 and the former law is continued in effect for that purpose.
4-10 SECTION 16. Sections 4 and 10 of this Act expire September
4-11 1, 1997.
4-12 SECTION 17. The importance of this legislation and the
4-13 crowded condition of the calendars in both houses create an
4-14 emergency and an imperative public necessity that the
4-15 constitutional rule requiring bills to be read on three several
4-16 days in each house be suspended, and this rule is hereby suspended,
4-17 and that this Act take effect and be in force from and after its
4-18 passage, and it is so enacted.
4-19 * * * * *