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A BILL TO BE ENTITLED
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AN ACT
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relating to the evacuation and sheltering of service animals and |
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household pets in a disaster. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 418.043, Government Code, is amended to |
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read as follows: |
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Sec. 418.043. OTHER POWERS AND DUTIES. The division shall: |
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(1) determine requirements of the state and its |
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political subdivisions for food, clothing, and other necessities in |
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event of a disaster; |
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(2) procure and position supplies, medicines, |
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materials, and equipment; |
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(3) adopt standards and requirements for local and |
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interjurisdictional emergency management plans; |
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(4) periodically review local and interjurisdictional |
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emergency management plans; |
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(5) coordinate deployment of mobile support units; |
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(6) establish and operate training programs and |
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programs of public information or assist political subdivisions and |
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emergency management agencies to establish and operate the |
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programs; |
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(7) make surveys of public and private industries, |
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resources, and facilities in the state that are necessary to carry |
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out the purposes of this chapter; |
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(8) plan and make arrangements for the availability |
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and use of any private facilities, services, and property and |
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provide for payment for use under terms and conditions agreed on if |
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the facilities are used and payment is necessary; |
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(9) establish a register of persons with types of |
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training and skills important in disaster mitigation, |
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preparedness, response, and recovery; |
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(10) establish a register of mobile and construction |
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equipment and temporary housing available for use in a disaster; |
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(11) develop plans for the humane evacuation, |
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transport, and temporary sheltering of service animals and |
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household pets in a disaster as required by Subchapter I and in |
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compliance with any applicable federal law; |
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(12) prepare, for issuance by the governor, executive |
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orders and regulations necessary or appropriate in coping with |
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disasters; |
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(13) [(12)] cooperate with the federal government and |
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any public or private agency or entity in achieving any purpose of |
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this chapter and in implementing programs for disaster mitigation, |
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preparation, response, and recovery; and |
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(14) [(13)] do other things necessary, incidental, or |
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appropriate for the implementation of this chapter. |
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SECTION 2. Chapter 418, Government Code, is amended by |
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adding Subchapter I to read as follows: |
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SUBCHAPTER I. ANIMALS |
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Sec. 418.201. DEFINITIONS. In this subchapter: |
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(1) "Household pet" means a domesticated cat or dog or |
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other animal normally maintained in the home or on the property of |
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either the owner or the caretaker of the animal. The term does not |
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include livestock as defined by Section 1.003, Agriculture Code. |
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(2) "Service animal" has the meaning assigned for the |
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purposes of the Americans with Disabilities Act of 1990 (42 U.S.C. |
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Section 12101 et seq.). |
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Sec. 418.202. EVACUATION OF SERVICE ANIMALS. Plans |
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developed under Section 418.043(11) must require that: |
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(1) a person with a disability who uses a service |
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animal be evacuated, transported, and sheltered with that service |
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animal; and |
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(2) all shelters be informed of the obligation to |
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provide shelter to both the person and the person's service animal. |
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Sec. 418.203. EVACUATION OF HOUSEHOLD PETS. (a) Plans |
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developed under Section 418.043(11) must permit: |
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(1) the simultaneous evacuation of a household pet and |
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the pet's owner or caretaker, if the evacuation can be made without |
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endangering human life; and |
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(2) the transportation of a household pet using public |
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transportation if: |
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(A) the pet is safely and securely confined in a |
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cage or carrier designed for pet transport; and |
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(B) transportation of the pet will not endanger |
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human life. |
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(b) The division shall coordinate the establishment of an |
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identification system to enable the owner or caretaker of a |
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household pet who is separated from the pet during a disaster |
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evacuation to locate and reclaim the pet. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |