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.