S.B. 572 78(R)    BILL ANALYSIS


S.B. 572
By: Harris
Public Health
Committee Report (Unamended)



BACKGROUND AND PURPOSE 

It is estimated that more than 1 million animals (mostly dogs and cats)
are put to sleep in Texas' animal shelters annually.  Currently, there is
no state law that dictates the proper methods and procedures for
euthanizing these animals or that requires training of shelter personnel
performing the euthanasia.  Instead, the only state law addressing the
euthanasia of animals (Sec. 823.006, Health and Safety Code) simply lists
six prohibited methods of euthanasia.  As a result, shelter animals are
being killed by various antiquated and inhumane methods by untrained and
inexperienced personnel.  This  has resulted in both cruel and inhumane
deaths for these animals and safety concerns for shelter personnel.   S.B.
572  establishes the acceptable methods and procedures for humanely and
safely euthanizing shelter animals and provides for the training of
euthanasia personnel. 

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Texas Board of Health in
SECTION 1 (Section 821.053 and Section 821.054, Health and Safety Code) of
this bill. 

ANALYSIS
SECTION 1.  Adds Subchapter C to Chapter 821, Texas Health and Safety Code.

 Sec. 821.051.  Defines "animal," "animal shelter," "Board," and
"Department" for the purposes of this Act. 

 Sec. 821.052.  Provides that all dogs and cats in the custody of an
animal shelter be euthanized only by the use of sodium pentobarbital or
commercially compressed (bottled) carbon monoxide gas and that all other
animals be euthanized only by the methods and procedures recommended by
the American Veterinary Medical Association Panel on Euthanasia applicable
to such animals.    

 Sec. 821.053.  Requires the Texas Board of Health (board) to adopt rules
for the requirements and procedures for administering sodium pentobarbital
to euthanize animals in the custody of an animal shelter.  When sodium
pentobarbital is used to euthanize an animal, it must be done in
accordance with the requirements and procedures established by the board. 

 Sec. 821.054. (a)   Requires the board to adopt rules relating to
standards for carbon monoxide chambers used to euthanize animals in the
custody of an animal shelter, and to adopt rules for the requirements and
procedures for administering commercially compressed carbon monoxide. 

 (b)  Persons administering commercially compressed carbon monoxide to
euthanize an animal may use only carbon monoxide chambers that conform to
the standards adopted by the board and must administer the carbon monoxide
in accordance with the requirements and procedures adopted by the board. 

 Sec. 821.055.  (a)  Any person who euthanizes an animal in an animal
shelter must have completed a training course in the proper methods and
techniques for euthanizing animals within the past three years.  The
course's curriculum must include the pharmacology, proper administration,
and storage of euthanasia solutions; federal and state law regulating the
storage and accountability of euthanasia solutions; euthanasia technician
stress management; proper restraint and handling of  an animal during
euthanasia; the procedures for administering commercially compressed
carbon monoxide to an animal; techniques for verifying an animal's death;
and the proper disposal of a euthanized animal. 

 (b)  The Department of Health (department) must approve the sponsors and
curriculum of the training course. 

 (c)  This section does not apply to a veterinarians licensed to practice
in this state. 

 821.056.  Provides that a person commits an offense punishable as a Class
B misdemeanor if the person violates this subchapter or a board rule
adopted under this subchapter.   

 821.057.  A court of compete jurisdiction may enjoin a substantial
violation of this subchapter. 

 SECTION 2.  Repeals Section 823.006, Health and Safety Code, which
currently sets forth certain prohibited methods of euthanasia.  

 SECTION 3.  Requires the board to adopt rules applicable to the use of
sodium pentobarbital and commercially compressed carbon monoxide in
euthanizing animal shelter animals not later than June 1, 2004. 

 SECTION 4.  Requires the department  to develop procedures to approve the
sponsors and curriculum for the euthanasia training courses not later than
June 1, 2004 .  

 SECTION 5.  (a)  The effect of this Act is prospective and applies only
to offenses committed on or after September 1, 2003.  If any element of
the offense is committed prior to September 1, 2003, it will be prosecuted
under the law in effect at that time.    

 (b)  An offense committed under Section 821.006, Health and Safety Code,
before the repeal of that section by this Act is covered by that section,
and the former law is continued in effect for that purpose. 

 SECTION 6.  This Act takes effect September 1, 2003, except that Sections
821.053, 821.054, and 821.055, take effect January 1, 2005. 

EFFECTIVE DATE
This Act takes effect September 1, 2003, except that Sections 821.053,
821.054, and 821.055, take effect January 1, 2005.