SRC-JLB S.B. 572 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 572
78R5022 YDB-DBy: Harris
Health & Human Services
3/4/2003
As Filed


DIGEST AND PURPOSE 

As proposed, S.B. 572 regulates the manner in which animal shelters in
Texas euthanize animals in their care; requires the Texas Board of Health
to set requirements for the use of commercially compressed carbon
monoxide; requires the successful completion of a training course in
euthanizing animals; and provides that a violation of these guidelines is
a Class B misdemeanor and allows a court to prohibit by injunction any
violation of this law. 

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. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 821, Health and Safety Code, by adding
Subchapter C, as follows: 
SUBCHAPTER C. EUTHANASIA OF ANIMALS

Sec. 821.051.  DEFINITIONS.  Defines "animal," "animal shelter," "board,"
and "department." 
 
Sec. 821.052.  METHODS OF EUTHANASIA.  (a)  Authorizes a person to
euthanize a dog or cat in the custody of an animal shelter only by
administering sodium pentobarbital or commercially compressed carbon
monoxide. 
 
(b)  Authorizes a person to euthanize all other animals in the custody of
an animal shelter, including birds and reptiles, only in accordance with
the applicable methods, recommendations, and procedures set forth in the
2000 Report of the American Veterinary Medical Association Panel on
Euthanasia as modified or superseded by a subsequent report of the
American Veterinary Medical Association Panel on Euthanasia that is
approved by the Texas Board of Health (board). 
 
Sec. 821.053.  REQUIREMENTS FOR USE OF SODIUM PENTOBARBITAL.  (a) Requires
the board by rule to establish the requirements and procedures for
administering sodium pentobarbital to euthanize an animal in the custody
of an animal shelter. 
 
(b)  Authorizes a person to administer sodium pentobarbital to euthanize
an animal in the custody of an animal shelter only in accordance with the
requirements and procedures established by board rule. 
 
Sec. 821.054.  REQUIREMENTS FOR USE OF COMMERCIALLY COMPRESSED CARBON
MONOXIDE.  (a)  Requires the board by rule to establish certain standards
and requirements. 

(b)  Authorizes a person administering commercially compressed carbon
monoxide to  euthanize an animal in the custody of an animal shelter to
use only a carbon monoxide chamber that meets the standards established by
board rule and to administer the commercially compressed carbon monoxide
only in accordance with the requirements and procedures established by
board rule. 
 
Sec. 821.055.  TRAINING FOR EUTHANASIA TECHNICIANS.  (a)  Prohibits a
person from euthanizing an animal in the custody of an animal shelter
unless the person has successfully completed, not more than three years
before the date the person euthanizes the animal, a training course in the
proper methods and techniques for euthanizing animals.  Requires the
training course curriculum to include certain guidelines. 

(b)  Requires the department to approve the sponsors and curriculum of the
training course required by this section. 

(c)  Provides that this section does not apply to a person licensed to
practice veterinary medicine in this state. 
 
Sec. 821.056.  OFFENSE AND PENALTY.  (a)  Provides that a person commits
an offense if the person violates this subchapter or a board rule adopted
under this subchapter. 
 
  (b)  Provides that an offense under this section is a Class B
misdemeanor. 
 
Sec. 821.057.  INJUNCTION.  Authorizes a court of competent jurisdiction,
on the petition of any person, to prohibit by injunction the substantial
violation of this subchapter or a board rule adopted under this
subchapter. 
 
SECTION 2.  Repealer:  Section 823.006 (Prohibited Methods of Death),
Health and Safety Code. 

SECTION 3.  Requires the Texas Board of Health to adopt the rules required
by Sections 821.053 and 821.054, Health and Safety Code, as added by this
Act, not later than June 1, 2004. 
 
SECTION 4.  Requires the Texas Department of Health to develop procedures
to approve the sponsors and curriculum for the training course required by
Section 821.055, Health and Safety Code, as added by this Act, not later
than June 1, 2004. 
 
SECTION 5.  (a)  Provides that the change in law made by the repeal of
Section 823.006, Health and Safety Code, is prospective.  Provides that
for purposes of this section, an offense is committed before September 1,
2003, if any element of the offense occurs before that date. 
 
 (b) Makes application of this Act prospective.

SECTION 6.  Effective date:  September 1, 2003, except that Sections
821.053, 821.054, and 821.055, Health and Safety Code, as added by this
Act, take effect January 1, 2005.