By Hartnett                                           H.B. No. 3250

         75R12431 JD-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to dog and cat sterilization and the issuance of Animal

 1-3     Friendly license plates.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Chapter 828, Health and Safety Code, is amended

 1-6     by adding Sections 828.014 and 828.015 to read as follows:

 1-7           Sec. 828.014.  ANIMAL FRIENDLY ACCOUNT.  (a)  The Texas

 1-8     Department of Health animal friendly account is a separate account

 1-9     in the general revenue fund. The account  is composed of:

1-10                 (1)  money deposited to the credit of the account under

1-11     Section 502.291, Transportation Code; and

1-12                 (2)  gifts, grants, donations, and legislative

1-13     appropriations.

1-14           (b)  The Texas Department of Health administers the account.

1-15     The department may spend money credited to the account:

1-16                 (1)  only after at least $500,000 has been credited to

1-17     the account; and

1-18                 (2)  only to:

1-19                       (A)  make grants to eligible organizations that

1-20     sterilize animals owned by the general public at minimal or no

1-21     cost; and

1-22                       (B)  defray the cost of administering the

1-23     account.

1-24           (c)  The Texas Board of Health:

 2-1                 (1)  may accept gifts, donations, and grants from any

 2-2     source for the benefit of the account; and

 2-3                 (2)  by rule shall establish guidelines for spending

 2-4     money credited to the account.

 2-5           (d)  In this section "eligible organization" means:

 2-6                 (1)  a releasing agency;

 2-7                 (2)  an organization that is qualified as a charitable

 2-8     organization under Section 501(c)(3), Internal Revenue Code, that

 2-9     has as its primary purpose:

2-10                       (A)  animal welfare; or

2-11                       (B)  sterilizing animals owned by the general

2-12     public at minimal or no cost; or

2-13                 (3)  a local nonprofit veterinary medical association

2-14     that has an established program for sterilizing animals owned by

2-15     the general public at minimal or no cost.

2-16           Sec. 828.015.  ANIMAL FRIENDLY ADVISORY COMMITTEE.  (a)  The

2-17     commissioner of public health shall appoint a seven-member animal

2-18     friendly advisory committee, composed of:

2-19                 (1)  one person licensed to practice veterinary

2-20     medicine in this state;

2-21                 (2)  one representative from a private releasing

2-22     agency;

2-23                 (3)  one representative from a public releasing agency;

2-24                 (4)  one representative of an animal welfare

2-25     organization;

2-26                 (5)  two representatives of the general public; and

2-27                 (6)  one representative from the Texas Department of

 3-1     Health.

 3-2           (b)  The commissioner shall designate one member as presiding

 3-3     officer of the committee.

 3-4           (c)  The committee shall:

 3-5                 (1)  meet at least twice each year or as called by the

 3-6     commissioner of health;

 3-7                 (2)  assist the Texas Board of Health in establishing

 3-8     guidelines for the expenditure of money credited to the animal

 3-9     friendly account; and

3-10                 (3)  review, and make recommendations to the Texas

3-11     Department of Health on, applications submitted to the department

3-12     for grants funded with money credited to the animal friendly

3-13     account.

3-14           (d)  Members of the committee serve without compensation and

3-15     are not entitled to reimbursement for expenses.  Each member serves

3-16     a term of two years.  The terms of four members expire on January

3-17     31 of each odd-numbered year and the terms of the remaining members

3-18     expire on January 31 of each even-numbered year.

3-19           SECTION 2.  Subchapter F, Chapter 502, Transportation Code,

3-20     is amended by adding Section 502.291 to read as follows:

3-21           Sec. 502.291.  ANIMAL FRIENDLY LICENSE PLATES.  (a)  The

3-22     department shall issue specially designed license plates for

3-23     passenger cars and light trucks that include the words "Animal

3-24     Friendly."

3-25           (b)  The department shall issue license plates under this

3-26     section to a person who:

3-27                 (1)  applies to the county assessor-collector of the

 4-1     county in which the person resides on a form provided by the

 4-2     department; and

 4-3                 (2)  pays an annual fee of $25, in addition to the fee

 4-4     prescribed by Section 502.161, and, if personalized prestige

 4-5     license plates are issued, in addition to the fee prescribed by

 4-6     Section 502.251.

 4-7           (c)  Of each fee collected under this section, the department

 4-8     shall deposit:

 4-9                 (1)  $20 to the credit of the animal friendly account

4-10     established by Section 828.014, Health and Safety Code; and

4-11                 (2)  $5 to the credit of the state highway fund.

4-12           (d)  If the owner of a vehicle registered under this section

4-13     disposes of the vehicle during the registration year, the owner

4-14     shall return the special license plates to the department.

4-15           SECTION 3.  This Act takes effect September 1, 1997.

4-16           SECTION 4.  If at least $500,000 has not been deposited to

4-17     the credit of the animal friendly account in the general revenue

4-18     fund, by September 1, 2001:

4-19                 (1)  Section 502.291, Transportation Code, and Sections

4-20     828.014 and 828.015, Health and Safety Code, as added by this Act,

4-21     are repealed; and

4-22                 (2)  money deposited to the credit of the animal

4-23     friendly account shall be transferred to the undedicated portion of

4-24     the general revenue fund.

4-25           SECTION 5.  The importance of this legislation and the

4-26     crowded condition of the calendars in both houses create an

4-27     emergency and an imperative public necessity that the

 5-1     constitutional rule requiring bills to be read on three several

 5-2     days in each house be suspended, and this rule is hereby suspended.