1-1     By:  Hartnett (Senate Sponsor - Wentworth)            H.B. No. 3250

 1-2           (In the Senate - Received from the House May 8, 1997;

 1-3     May 9, 1997, read first time and referred to Committee on Finance;

 1-4     May 16, 1997, reported favorably by the following vote:  Yeas 11,

 1-5     Nays 0; May 16, 1997, sent to printer.)

 1-6                            A BILL TO BE ENTITLED

 1-7                                   AN ACT

 1-8     relating to dog and cat sterilization and the issuance of Animal

 1-9     Friendly license plates.

1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-11           SECTION 1.  Chapter 828, Health and Safety Code, is amended

1-12     by adding Sections 828.014 and 828.015 to read as follows:

1-13           Sec. 828.014.  ANIMAL FRIENDLY ACCOUNT.  (a)  The Texas

1-14     Department of Health animal friendly account is a separate account

1-15     in the general revenue fund. The account  is composed of:

1-16                 (1)  money deposited to the credit of the account under

1-17     Section 502.291, Transportation Code; and

1-18                 (2)  gifts, grants, donations, and legislative

1-19     appropriations.

1-20           (b)  The Texas Department of Health administers the account.

1-21     The department may spend money credited to the account:

1-22                 (1)  only after at least $500,000 has been credited to

1-23     the account; and

1-24                 (2)  only to:

1-25                       (A)  make grants to eligible organizations that

1-26     sterilize animals owned by the general public at minimal or no

1-27     cost; and

1-28                       (B)  defray the cost of administering the

1-29     account.

1-30           (c)  The Texas Board of Health:

1-31                 (1)  may accept gifts, donations, and grants from any

1-32     source for the benefit of the account; and

1-33                 (2)  by rule shall establish guidelines for spending

1-34     money credited to the account.

1-35           (d)  In this section "eligible organization" means:

1-36                 (1)  a releasing agency;

1-37                 (2)  an organization that is qualified as a charitable

1-38     organization under Section 501(c)(3), Internal Revenue Code, that

1-39     has as its primary purpose:

1-40                       (A)  animal welfare; or

1-41                       (B)  sterilizing animals owned by the general

1-42     public at minimal or no cost; or

1-43                 (3)  a local nonprofit veterinary medical association

1-44     that has an established program for sterilizing animals owned by

1-45     the general public at minimal or no cost.

1-46           Sec. 828.015.  ANIMAL FRIENDLY ADVISORY COMMITTEE.  (a)  The

1-47     commissioner of public health shall appoint a seven-member animal

1-48     friendly advisory committee, composed of:

1-49                 (1)  one person licensed to practice veterinary

1-50     medicine in this state;

1-51                 (2)  one representative from a private releasing

1-52     agency;

1-53                 (3)  one representative from a public releasing agency;

1-54                 (4)  one representative of an animal welfare

1-55     organization;

1-56                 (5)  two representatives of the general public; and

1-57                 (6)  one representative from the Texas Department of

1-58     Health.

1-59           (b)  The commissioner shall designate one member as presiding

1-60     officer of the committee.

1-61           (c)  The committee shall:

1-62                 (1)  meet at least twice each year or as called by the

1-63     commissioner of health;

1-64                 (2)  assist the Texas Board of Health in establishing

 2-1     guidelines for the expenditure of money credited to the animal

 2-2     friendly account; and

 2-3                 (3)  review, and make recommendations to the Texas

 2-4     Department of Health on, applications submitted to the department

 2-5     for grants funded with money credited to the animal friendly

 2-6     account.

 2-7           (d)  Members of the committee serve without compensation and

 2-8     are not entitled to reimbursement for expenses.  Each member serves

 2-9     a term of two years.  The terms of four members expire on January

2-10     31 of each odd-numbered year and the terms of the remaining members

2-11     expire on January 31 of each even-numbered year.

2-12           SECTION 2.  Subchapter F, Chapter 502, Transportation Code,

2-13     is amended by adding Section 502.291 to read as follows:

2-14           Sec. 502.291.  ANIMAL FRIENDLY LICENSE PLATES.  (a)  The

2-15     department shall issue specially designed license plates for

2-16     passenger cars and light trucks that include the words "Animal

2-17     Friendly."

2-18           (b)  The department shall issue license plates under this

2-19     section to a person who:

2-20                 (1)  applies to the county assessor-collector of the

2-21     county in which the person resides on a form provided by the

2-22     department; and

2-23                 (2)  pays an annual fee of $25, in addition to the fee

2-24     prescribed by Section 502.161, and, if personalized prestige

2-25     license plates are issued, in addition to the fee prescribed by

2-26     Section 502.251.

2-27           (c)  Of each fee collected under this section, the department

2-28     shall deposit:

2-29                 (1)  $20 to the credit of the animal friendly account

2-30     established by Section 828.014, Health and Safety Code; and

2-31                 (2)  $5 to the credit of the state highway fund.

2-32           (d)  If the owner of a vehicle registered under this section

2-33     disposes of the vehicle during the registration year, the owner

2-34     shall return the special license plates to the department.

2-35           SECTION 3.  This Act takes effect September 1, 1997.

2-36           SECTION 4.  If at least $500,000 has not been deposited to

2-37     the credit of the animal friendly account in the general revenue

2-38     fund, by September 1, 2001:

2-39                 (1)  Section 502.291, Transportation Code, and Sections

2-40     828.014 and 828.015, Health and Safety Code, as added by this Act,

2-41     are repealed; and

2-42                 (2)  money deposited to the credit of the animal

2-43     friendly account shall be transferred to the undedicated portion of

2-44     the general revenue fund.

2-45           SECTION 5.  The importance of this legislation and the

2-46     crowded condition of the calendars in both houses create an

2-47     emergency and an imperative public necessity that the

2-48     constitutional rule requiring bills to be read on three several

2-49     days in each house be suspended, and this rule is hereby suspended.

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