TWT C.S.H.B. 3250 75(R)BILL ANALYSIS


TRANSPORTATION
C.S.H.B. 3250
By: Hartnett
4-27-97
Committee Report (Substituted)



BACKGROUND 

Each year in Texas more than 750,000 companion animals (dogs and cats) are
euthanized in local shelters not because they are sick or vicious, but
because there are not enough willing and suitable adoptive homes in which
to place these animals. The overpopulation of dogs and cats is a humane
concern as well as a public health concern, and is a significant burden to
local taxpayers.   

PURPOSE

C.S.H.B. 3250 will generate revenue for the spaying and neutering of
animals by creating an optional new "animal friendly" license plate for
Texas vehicles. The Texas Department of Health (TDH) will administer the
account with the assistance and recommendations of a seven-member animal
friendly advisory committee. The TDH may spend money from the "animal
friendly" account only after $500,000 has been credited to it.  If at
least $500,000 has not been generated for the account by September 1,
2001, the money deposited shall revert to the general revenue fund and the
bill shall expire.   

RULEMAKING AUTHORITY

It is the committee's opinion that this bill expressly grants additional
rulemaking authority to the Texas Board of Health in Section 1, Sec.
828.014 (c)(2). 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 828, Health and Safety Code, by adding Sections
828.014 and 828.015. 

 Sec. 828.014. (a) Creates the TDH animal friendly account in the general
revenue fund composed of monies created from the sale of animal friendly
license plates and other gifts, grants, and donations and legislative
appropriations.   

 (b) Only after $500,000 has been credited to the account can the TDH,
which administers the account, make grants to: (A) eligible organizations
that sterilize, at minimum or no cost, animals owned by the general
public; and (B) to defray the cost of administering the account.  

 (c) permits the Texas Board of Health to accept gifts, donations, and
grants from any source for the benefit of the animal friendly account and
by rule to establish guidelines for spending money credited to the
account.  

 (d) Defines "eligible organization."

 Sec. 828.015. (a) Authorizes the commission of public health to appoint a
seven-member animal friendly  advisory committee composed of:  (1) one
veterinarian; (2) one private releasing agency representative; (3) one
public releasing agency representative; (4) one animal welfare
organization representative; (5) two general public members; and (6) one
TDH representative.  

 (b) The commissioner shall designate one member as a presiding officer.

  (c)The committee must (1) meet at least twice a year; (2) assist the
Texas Board of Health in establishing guidelines for the expenditures of
money credited to the animal friendly account; and (3) review grant
applications from eligible organizations and make recommendations to the
TDH.  

 (d) Members of the committee serve without compensation or reimbursement
for expenses for two year terms. Their term are staggered on an even and
odd year basis.    
 
SECTION 2. Amends Subchapter F, Chapter 502, Transportation Code, by
adding Section 502.291. 

 Sec. 502.291. (a) Provides for the TXDOT to issue specially designed
license plates for passenger cars and light trucks that include the words
"Animal Friendly." 

 (b) Provides for the method of issuing the animal friendly license plates
and provides for an annual fee of $25.00 per plate in addition to the
normally prescribed licensing fee. 

 (c) Requires TXDOT to deposit of $20.00 of the additional fee in the
animal friendly account and the balance to defray the cost of
administering the program.  
 
 (d) If the owner of the vehicle containing an animal friendly plate
disposes of the vehicle during the registration year the owner will return
the special license plate.  

SECTION 3.  Effective Date -- September 1, 1997.

SECTION 4.  Contains a "sunset provision" providing that if at least
$500,000 has not been deposited to the credit of the animal friendly
account by September 1, 2001, the amendments added by the bill will be
automatically repealed and the money deposited to the credit of the animal
friendly account will be transferred to the undedicated portion of the
State's general revenue fund. 

SECTION 5. Emergency Clause. 

 

COMPARISON OF ORIGINAL TO SUBSTITUTE

SECTION 2. In Sec. 502.291 (c), Transportation Code, the original
authorized the TXDOT to use the remainder of the license plate fee ($5) to
defray the cost of administering the section. The substitute clarifies
that the $5 be credited to the state highway fund.