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        |  | A BILL TO BE ENTITLED | 
      
        |  | AN ACT | 
      
        |  | relating to standards of care for dogs and cats; creating an | 
      
        |  | offense. | 
      
        |  | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | 
      
        |  | SECTION 1.  Subchapter D, Chapter 821, Health and Safety | 
      
        |  | Code, is amended by adding Section 821.082 to read as follows: | 
      
        |  | Sec. 821.082.   ENCLOSURE OF DOGS AND CATS.  (a)  In this | 
      
        |  | section: | 
      
        |  | (a)  An owner may not place dogs or cats in a primary | 
      
        |  | enclosure on top of another primary enclosure without an impervious | 
      
        |  | barrier between the enclosures. | 
      
        |  | SECTION 2.  Section 821.079 is applied should an owner | 
      
        |  | violate section 821.082. | 
      
        |  | SECTION 3.  STUDY OF STANDARDS OF CARE FOR DOGS AND CATS. | 
      
        |  | The executive commissioner shall conduct a study regarding the | 
      
        |  | proper standards for care and confinement for dogs and cats to | 
      
        |  | ensure the overall health and welfare of each dog or cat. Not later | 
      
        |  | than August 31, 2012, the executive commissioner shall submit a | 
      
        |  | report to the chairs of the appropriate legislative committees | 
      
        |  | summarizing the findings of the study required by this section. | 
      
        |  | This subsection expires September 1, 2013. Rules may be | 
      
        |  | adopted from recommendations of the study. A member of a club or an | 
      
        |  | affiliate organization of a national kennel club whose mission is | 
      
        |  | stated in the charter and bylaws to "advocate the purebred dog as a | 
      
        |  | family companion, advance canine health and well-being, work to | 
      
        |  | protect the rights of all dog owners and promote responsible dog | 
      
        |  | ownership" is exempt from rules that may be adopted. | 
      
        |  | SECTION 4.  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, 2011. |