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AN ACT
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relating to the authority of an animal control officer to carry a |
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bite prevention stick in the performance of official duties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 46.15, Penal Code, is amended by adding |
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Subsection (g) to read as follows: |
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(g) The provisions of Sections 46.02 and 46.03 prohibiting |
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the possession or carrying of a club do not apply to an animal |
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control officer who holds a certificate issued under Section |
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829.006, Health and Safety Code, and who possesses or carries an |
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instrument used specifically for deterring the bite of an animal |
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while the officer is in the performance of official duties under the |
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Health and Safety Code or is traveling to or from a place of duty. |
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SECTION 2. Section 829.003(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) The department shall prescribe the standards and |
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curriculum for basic and continuing education animal control |
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courses. The curriculum for both the basic and continuing |
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education courses must include the following topics: |
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(1) state laws governing animal control and protection |
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and animal cruelty; |
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(2) animal health and disease recognition, control, |
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and prevention; |
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(3) the humane care and treatment of animals; |
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(4) standards for care and control of animals in an |
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animal shelter; |
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(5) standards and procedures for the transportation of |
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animals; |
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(6) principles and procedures for capturing and |
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handling stray domestic animals and wildlife, including principles |
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and procedures to be followed with respect to an instrument used |
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specifically for deterring the bite of an animal; |
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(7) first aid for injured animals; |
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(8) the documentation of animal cruelty evidence and |
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courtroom procedures; |
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(9) animal shelter operations and administration; |
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(10) spaying and neutering, microchipping, and |
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adoption; |
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(11) communications and public relations; |
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(12) state and federal laws for possession of |
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controlled substances and other medications; and |
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(13) any other topics pertinent to animal control and |
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animal shelter personnel. |
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SECTION 3. Section 829.003(a), Health and Safety Code, as |
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amended by this Act, applies to the curriculum required for basic |
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and continuing education animal control courses offered under |
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Section 829.004, Health and Safety Code, on or after January 1, |
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2010. |
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SECTION 4. 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, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 405 was passed by the House on April |
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2, 2009, by the following vote: Yeas 146, Nays 0, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 405 was passed by the Senate on May |
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21, 2009, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |