79R5938 MSE-D

By:  McReynolds                                                   H.B. No. 1808



A BILL TO BE ENTITLED

AN ACT

relating to authorizing the use of approved nonsurgical methods to 
sterilize dogs and cats.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 828.001(3), Health and Safety Code, is 
amended to read as follows:
		(3)  "Sterilization" means the surgical removal of the 
reproductive organs of a dog or cat or the use of nonsurgical 
methods and technologies approved by the U.S. Food and Drug 
Administration or the U.S. Department of Agriculture to permanently
render the animal unable to reproduce.
	SECTION 2.  Chapter 828, Health and Safety Code, is amended 
by adding Section 828.0035 to read as follows:
	Sec. 828.0035.  STATE BOARD OF VETERINARY MEDICAL EXAMINERS.  
The State Board of Veterinary Medical Examiners shall:
		(1)  develop information sheets regarding surgical or 
nonsurgical sterilization to be distributed by a releasing agency 
to a new owner; and
		(2)  adopt rules requiring an animal that has been 
sterilized under this chapter to receive an identification marker 
in a manner authorized by the board.
	SECTION 3.  Section 828.004(c), Health and Safety Code, is 
amended to read as follows:
	(c)  A releasing agency may extend the deadline for 30 days 
on presentation of a written report from a licensed veterinarian 
stating that the life or health of the adopted animal may be 
jeopardized by sterilization [surgery].  There is no limit on the 
number of extensions that may be granted under this subsection.
	SECTION 4.  Chapter 828, Health and Safety Code, is amended 
by adding Section 828.0045 to read as follows:
	Sec. 828.0045.  NONSURGICAL STERILIZATION.  A licensed 
veterinarian may use nonsurgical methods and technologies approved 
by the U.S. Food and Drug Administration or the U.S. Department of 
Agriculture for use by veterinarians to humanely and permanently 
render a dog or cat unable to reproduce.
	SECTION 5.  Section 828.005(a), Health and Safety Code, is 
amended to read as follows:
	(a)  Except as provided by Section 828.006 or 828.007, each 
new owner who signs a sterilization agreement under Section 828.002 
shall deliver to the releasing agency from which the animal was 
adopted a letter signed by the veterinarian who performed the 
sterilization [surgery].
	SECTION 6.  Section 828.012, Health and Safety Code, is 
amended by amending Subsection (a) and adding Subsection (c) to 
read as follows:
	(a)  Surgery or nonsurgical sterilization performed in 
accordance with this chapter must be performed by a veterinarian or 
a full-time student of an accredited college of veterinary medicine 
as provided by Chapter 801, Occupations Code.
	(c)  A person associated with a releasing agency may not 
interfere with the independent professional judgment of a 
veterinarian employed by or under contract with the releasing 
agency.
	SECTION 7.  The State Board of Veterinary Medical Examiners 
shall adopt rules as required by Section 828.0035, Health and 
Safety Code, as added by this Act, not later than January 1, 2006.
	SECTION 8.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2005.