By: Harris S.B. No. 572
A BILL TO BE ENTITLED
AN ACT
relating to the euthanasia of an animal by an animal shelter;
providing criminal penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 821, Health and Safety Code, is amended
by adding Subchapter C to read as follows:
SUBCHAPTER C. EUTHANASIA OF ANIMALS
Sec. 821.051. DEFINITIONS. In this subchapter:
(1) "Animal" has the meaning assigned by Section
821.001.
(2) "Animal shelter" means a facility that collects,
impounds, or keeps stray, homeless, abandoned, or unwanted animals.
(3) "Board" means the Texas Board of Health.
(4) "Department" means the Texas Department of Health.
Sec. 821.052. METHODS OF EUTHANASIA. (a) A person may
euthanize a dog or cat in the custody of an animal shelter only by
administering sodium pentobarbital or commercially compressed
carbon monoxide.
(b) A person may 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Medical Association Panel on Euthanasia as modified or superseded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 board.
Sec. 821.053. REQUIREMENTS FOR USE OF SODIUM PENTOBARBITAL.
(a) The board by rule shall establish the requirements and
procedures for administering sodium pentobarbital to euthanize an
animal in the custody of an animal shelter.
(b) A person may 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) The board by rule shall
establish:
(1) standards for a carbon monoxide chamber used to
euthanize an animal in the custody of an animal shelter; and
(2) requirements and procedures for administering
commercially compressed carbon monoxide to euthanize an animal in
the custody of an animal shelter.
(b) A person administering commercially compressed carbon
monoxide to euthanize an animal in the custody of an animal shelter:
(1) may use only a carbon monoxide chamber that meets
the standards established by board rule; and
(2) may 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) A
person may not euthanize 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. The training course curriculum must include:
(1) the pharmacology, proper administration, and
storage of euthanasia solutions;
(2) federal and state law regulating the storage and
accountability of euthanasia solutions;
(3) euthanasia technician stress management;
(4) proper restraint and handling of an animal during
euthanasia;
(5) the procedures for administering commercially
compressed carbon monoxide to an animal;
(6) techniques for verifying an animal's death; and
(7) the proper disposal of a euthanized animal.
(b) The department must approve the sponsors and curriculum
of the training course required by this section.
(c) This section does not apply to a person licensed to
practice veterinary medicine in this state.
Sec. 821.056. OFFENSE AND PENALTY. (a) A person commits
an offense if the person violates this subchapter or a board rule
adopted under this subchapter.
(b) An offense under this section is a Class B misdemeanor.
Sec. 821.057. INJUNCTION. A court of competent
jurisdiction, on the petition of any person, may prohibit by
injunction the substantial violation of this subchapter or a board
rule adopted under this subchapter.
SECTION 2. Section 823.006, Health and Safety Code, is
repealed.
SECTION 3. The Texas Board of Health shall 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. The Texas Department of Health shall 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) The change in law made by the repeal of
Section 823.006, Health and Safety Code, by this Act applies only to
an offense committed on or after September 1, 2003. For purposes of
this section, an offense is committed before September 1, 2003, if
any element of the offense occurs before that date.
(b) An offense committed under Section 823.006, Health and
Safety Code, before the repeal of that section by this Act is
covered by the law in effect when the offense was committed, 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, Health and Safety
Code, as added by this Act, take effect January 1, 2005.