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A BILL TO BE ENTITLED
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AN ACT
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relating to the sterilization of dogs and cats; providing a |
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penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Chapter 828, Health and Safety |
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Code, is amended to read as follows: |
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CHAPTER 828. DOG AND CAT ADOPTION AND STERILIZATION |
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SECTION 2. Section 828.002, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 828.002. REQUIREMENTS FOR ADOPTION. (a) Except as |
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provided by Subsections (b) and (c) [Section 828.013], a releasing |
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agency may not release a dog or cat for adoption unless the animal |
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has been sterilized [or the release is made to a new owner who signs
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an agreement to have the animal sterilized]. |
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(b) This section does not apply to an animal: |
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(1) that is less than six months old; |
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(2) for which a veterinarian has certified that the |
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animal should not be sterilized for health reasons; or |
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(3) that is a service animal. |
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(c) This section does not apply to an animal that is claimed |
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from a releasing agency by a person who already owns the animal if: |
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(1) the animal is exempt under Subsection (b); |
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(2) the animal is a purebred animal displayed at a |
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competitive exhibition to determine how well it physically conforms |
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to an established breed standard; or |
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(3) the owner holds a permit for the animal issued |
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under Section 830.003. |
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SECTION 3. Section 828.0035, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 828.0035. STATE BOARD OF VETERINARY MEDICAL EXAMINERS. |
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The State Board of Veterinary Medical Examiners shall: |
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(1) develop information sheets regarding surgical or |
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nonsurgical sterilization to be distributed by a releasing agency |
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to a new owner; and |
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(2) adopt rules requiring a dog or cat [an animal] that |
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has been sterilized [under this chapter] to receive an |
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identification marker in a manner authorized by the board. |
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SECTION 4. Section 828.012(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) Surgery or nonsurgical sterilization of a dog or cat |
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[performed in accordance with this chapter] must be performed by a |
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veterinarian or a full-time student of an accredited college of |
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veterinary medicine as provided by Chapter 801, Occupations Code. |
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SECTION 5. Title 10, Health and Safety Code, is amended by |
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adding Chapter 830 to read as follows: |
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CHAPTER 830. GENERAL RESPONSIBILITY OF DOG OR CAT OWNER TO |
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STERILIZE |
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Sec. 830.001. DEFINITIONS. In this chapter: |
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(1) "Sterilization" means the surgical removal of the |
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reproductive organs of a dog or cat or the use of nonsurgical |
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methods and technologies approved by the United States Food and |
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Drug Administration or the United States Department of Agriculture |
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to permanently render the animal unable to reproduce. |
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(2) "Veterinarian" means a person licensed to practice |
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veterinary medicine by the State Board of Veterinary Medical |
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Examiners. |
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Sec. 830.002. STERILIZATION REQUIRED. (a) Except as |
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provided by Subsection (b), a person who owns a dog or cat shall |
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have the animal sterilized. |
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(b) This section does not apply to an animal: |
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(1) that is less than six months old; |
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(2) for which a veterinarian has certified that the |
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animal should not be sterilized for health reasons; |
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(3) that is a service animal; |
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(4) that is a purebred animal displayed at a |
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competitive exhibition to determine how well it physically conforms |
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to an established breed standard; or |
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(5) for which the owner holds a permit issued under |
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Section 830.003. |
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Sec. 830.003. INTACT ANIMAL PERMIT. (a) A person must hold |
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an intact animal permit issued by the appropriate local animal |
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control authority for each dog or cat the person keeps unsterilized |
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for breeding purposes. |
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(b) An animal control authority shall charge a fee for the |
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issuance of a permit under this section in the amount of $300. |
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Sec. 830.004. CRIMINAL PENALTY. A person who violates |
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Section 830.002 commits a Class C misdemeanor. Each animal that a |
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person owns in violation of that section is a separate offense. |
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SECTION 6. Sections 828.003, 828.004, 828.005, 828.006, |
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828.007, 828.008, 828.009, 828.010, 828.013, and 828.015, Health |
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and Safety Code, are repealed. |
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SECTION 7. This Act takes effect September 1, 2009. |