SRC-TJG S.B. 1086 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 1086
78R2804 JRD-DBy: Staples
Health & Human Services
3/24/2003
As Filed


DIGEST AND PURPOSE 

For many years, small municipalities that provide impoundment services
under local ordinances have commonly operated under an exemption in the
Texas Health and Safety Code to maintain their impoundment facilities.
Current law mentions animal impoundments in Chapters 823 and 826, Health
and Safety Code.  Chapter 823 is inapplicable in counties with a
population of less than 75,000 while Chapter 826 does not have a
population bracket.  The Texas Department of Health recently passed rules
that change the way impoundment facilities are regulated for all cities in
the state of Texas. Smaller counties that were once exempted from some of
the provisions are now forced to budget for expensive and cost-prohibitive
measures.  As proposed, S.B. 1086 amends Chapter 826 so that cities and
counties with populations less than 75,000 may continue to provide
impoundment services and animal control. 

RULEMAKING AUTHORITY

Rulemaking authority previously granted to the Texas Board of Health is
modified in SECTION 1 (Section 826.051, Health and Safety Code) of this
bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 826.051(b), Health and Safety Code, to provide
that the standards adopted by the Texas Board of Health under this
subsection do not apply to an impoundment facility operated by a
municipality the majority of the territory of which is located in a county
with a population of less than 75,000. 

SECTION 2.  Effective date: upon passage or September 1, 2003.