By Madla S.B. No. 336
77R1208 YDB-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the authority of a local rabies control authority to
1-3 administer a rabies vaccine to certain animals.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 826.021, Health and Safety Code, is
1-6 amended to read as follows:
1-7 Sec. 826.021. VACCINATIONS IN GENERAL; VACCINATION OF DOGS
1-8 AND CATS REQUIRED. (a) Except as otherwise provided by board rule,
1-9 the owner of a dog or cat shall have the animal vaccinated against
1-10 rabies by the time the animal is four months of age and at regular
1-11 intervals thereafter as prescribed by board rule.
1-12 (b) A veterinarian, the local rabies control authority, or a
1-13 person designated by the authority who vaccinates an animal [a dog
1-14 or cat] against rabies shall issue to the animal's owner a
1-15 vaccination certificate in a form that meets the minimum standards
1-16 approved by the board.
1-17 (c) A county or municipality may not register or license an
1-18 animal that has not been vaccinated in accordance with this
1-19 section.
1-20 SECTION 2. Section 826.023, Health and Safety Code, is
1-21 amended to read as follows:
1-22 Sec. 826.023. USE AND SALE OF RABIES VACCINE. (a) Rabies
1-23 vaccine for animals may be administered only:
1-24 (1) by or under the direct supervision of a
2-1 veterinarian;
2-2 (2) by a local rabies control authority who has
2-3 successfully completed a training course on administering rabies
2-4 vaccines; or
2-5 (3) by a person who is designated by the local rabies
2-6 control authority and who has successfully completed a training
2-7 course on administering rabies vaccines.
2-8 (b) A veterinarian may not administer or directly supervise
2-9 the administration of rabies vaccine in this state unless the
2-10 person is:
2-11 (1) licensed by the State Board of Veterinary Medical
2-12 Examiners to practice veterinary medicine; or
2-13 (2) practicing veterinary medicine on an installation
2-14 of the armed forces or National Guard.
2-15 (c) A local rabies control authority or a person designated
2-16 by the authority to whom Subsection (b) does not apply may not
2-17 administer a rabies vaccine in this state unless the animal to
2-18 which the vaccine is being administered is detained or impounded by
2-19 or is released to an authorized agency of a municipality or county.
2-20 (d) A person may not sell or distribute rabies vaccine for
2-21 animals to any person except:
2-22 (1) a licensed veterinarian;
2-23 (2) [or to] a person working in a veterinary clinic
2-24 who accepts the vaccine on behalf of the veterinarian;
2-25 (3) a local rabies control authority authorized by
2-26 this section to administer the vaccine who has successfully
2-27 completed a training course on administering rabies vaccines; or
3-1 (4) a person designated by the local rabies control
3-2 authority who:
3-3 (A) is authorized by this section to administer
3-4 the vaccine; and
3-5 (B) accepts the vaccine on behalf of the local
3-6 rabies control authority.
3-7 (e) [(d)] This section does not prohibit a pharmacy licensed
3-8 by the Texas State Board of Pharmacy from supplying rabies vaccine
3-9 for animals to a person described by Subsection (d) [a licensed
3-10 veterinarian].
3-11 (f) [(e)] This section does not prohibit a veterinarian
3-12 licensed by the State Board of Veterinary Medical Examiners from
3-13 selling or dispensing rabies vaccine to:
3-14 (1) an individual with whom the veterinarian has a
3-15 veterinarian-client-patient relationship as described by Chapter
3-16 801, Occupations Code, [The Veterinary Licensing Act (Article 8890,
3-17 Revised Statutes)] for the sole purpose of allowing that individual
3-18 to administer the rabies vaccine to that individual's own
3-19 livestock; or
3-20 (2) a local rabies control authority or a person
3-21 designated by the authority for a purpose authorized under
3-22 Subsection (c).
3-23 SECTION 3. Section 826.024(a), Health and Safety Code, is
3-24 amended to read as follows:
3-25 (a) A person commits an offense if the person:
3-26 (1) administers or attempts to administer rabies
3-27 vaccine in a manner not authorized by Section 826.023;
4-1 (2) dispenses or attempts to dispense rabies vaccine
4-2 in a manner not authorized by Section 826.023; or
4-3 (3) sells or distributes rabies vaccine for animals in
4-4 violation of Section 826.023(d)[826.023(c)].
4-5 SECTION 4. Subchapter C, Chapter 826, Health and Safety Code,
4-6 is amended by adding Section 826.026 to read as follows:
4-7 Sec. 826.026. REPORTING OF RABIES VACCINATIONS. A
4-8 veterinarian, a local rabies control authority, or a person
4-9 designated by the authority who vaccinates an animal shall report
4-10 the vaccination to the department within the period required by the
4-11 board. A report under this section must be made in a statistical
4-12 form that meets the minimum standards approved by the board.
4-13 SECTION 5. Section 826.033, Health and Safety Code, is
4-14 amended to read as follows:
4-15 Sec. 826.033. RESTRAINT, IMPOUNDMENT, AND DISPOSITION OF
4-16 ANIMALS [DOGS AND CATS]. (a) The governing body of a municipality
4-17 and the commissioners court of a county may adopt ordinances or
4-18 rules under Section 826.014 or 826.015 to require that:
4-19 (1) each dog or cat be restrained by its owner;
4-20 (2) each stray dog or cat be declared a public
4-21 nuisance;
4-22 (3) each unrestrained animal [dog or cat] be detained
4-23 or impounded by the local rabies control authority or that
4-24 officer's designee;
4-25 (4) each stray animal [dog or cat] be impounded for a
4-26 period set by ordinance or rule; [and]
4-27 (5) a humane disposition be made of each unclaimed
5-1 stray animal [dog or cat] on the expiration of the required
5-2 impoundment period; and
5-3 (6) each stray dog, cat, or ferret detained or
5-4 impounded shall receive a rabies vaccine at the owner's expense if
5-5 the owner does not present an unexpired rabies vaccination
5-6 certificate for the animal at the time the owner claims the animal.
5-7 (b) A jurisdiction may not be subject to dual restraint
5-8 ordinances or rules.
5-9 (c) The enforcing agency may adopt an ordinance setting a
5-10 fee for:
5-11 (1) the impoundment and board of any detained or
5-12 impounded animal [a dog or cat] during the impoundment period; and
5-13 (2) the administration of rabies vaccine by the local
5-14 rabies control authority during the detention or impoundment
5-15 period.
5-16 (d) The animal's owner must pay the fees described by
5-17 Subsection (c) [fee] before the animal may be released.
5-18 (e) [(d)] The enforcing agency shall deposit the fees
5-19 collected in the treasury of the enforcing agency. The fees may be
5-20 used only to help defray the cost of administering this chapter or
5-21 the ordinances or rules of the enforcing agency within its
5-22 jurisdiction.
5-23 SECTION 6. Sections 826.043(a) and (b), Health and Safety
5-24 Code, are amended to read as follows:
5-25 (a) If a veterinarian or a local rabies control authority
5-26 determines that a quarantined animal does not show the clinical
5-27 signs of rabies, the veterinarian or local rabies control authority
6-1 shall release the animal to its owner when the quarantine period
6-2 ends if:
6-3 (1) the owner has an unexpired rabies vaccination
6-4 certificate for the animal; or
6-5 (2) at the owner's expense, the animal is vaccinated
6-6 against rabies by:
6-7 (A) a licensed veterinarian; or
6-8 (B) a local rabies control authority or a person
6-9 designated by the authority [at the owner's expense].
6-10 (b) If a veterinarian or a local rabies control authority
6-11 determines that a quarantined animal shows the clinical signs of
6-12 rabies, the veterinarian or local rabies control authority shall
6-13 humanely destroy the animal. If an animal dies or is destroyed
6-14 while in quarantine, the veterinarian or local rabies control
6-15 authority shall remove the head or brain of the animal and submit
6-16 it to the nearest department laboratory for testing.
6-17 SECTION 7. Section 826.047, Health and Safety Code, is
6-18 amended to read as follows:
6-19 Sec. 826.047. LIMITATION ON LIABILITY. A veterinarian, a
6-20 local rabies control authority, or a person designated by the
6-21 authority performing duties under this chapter may not be held [is
6-22 not] liable to the owner of an animal for the death of or injury to
6-23 the animal except in a case of wilful misconduct or gross
6-24 negligence.
6-25 SECTION 8. This Act takes effect immediately if it receives
6-26 a vote of two-thirds of all the members elected to each house, as
6-27 provided by Section 39, Article III, Texas Constitution. If this
7-1 Act does not receive the vote necessary for immediate effect, this
7-2 Act takes effect September 1, 2001.