82R9736 JSC-D

By: Madden H.B. No. 2733

A BILL TO BE ENTITLED

AN ACT

relating to the euthanasia of animals.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. (a) The Health and Human Services Commission, in conjunction with the Department of Public Safety, shall conduct a study regarding the euthanasia of animals in this state.

(b) The study shall address:

(1) strategies for minimizing the pain and suffering of animals;

(2) alternatives to euthanasia and strategies for promoting pet adoption;

(3) methods of euthanasia appropriate for livestock and nonlivestock animals;

(4) methods for improving the cost-effectiveness and efficiency of animal shelters in this state, including reexamining the desired scope of practice for staff of animal shelters who are not veterinarians;

(5) maximizing access to appropriate drugs and controlled substances for euthanizing animals while minimizing the potential for substance abuse; and

(6) any state or federal laws that may conflict with a proposed course of action determined to be beneficial by the study and suggestions for how to resolve the conflict.

(c) Based on the study conducted under this section, the Health and Human Services Commission and the Department of Public Safety shall adopt rules and implement programs to improve practices in this state relating to euthanasia of animals.

(d) The Health and Human Services Commission and the Department of Public Safety shall jointly submit a report concerning the study to the legislature including, if applicable, recommendations for future legislation, not later than January 1, 2013.

SECTION 2. Section 481.111(b), Health and Safety Code, is amended to read as follows:

(b) The provisions of this chapter relating to the possession of denatured sodium pentobarbital, acepromazine, or xylazine do not apply to possession by personnel of a humane society or an animal control agency for the purpose of destroying injured, sick, homeless, or unwanted animals if the humane society or animal control agency is registered with the Federal Drug Enforcement Administration. The provisions of this chapter relating to the distribution of denatured sodium pentobarbital, acepromazine, or xylazine do not apply to a person registered as required by Subchapter C, who is distributing the substance for that purpose to a humane society or an animal control agency registered with the Federal Drug Enforcement Administration.

SECTION 3. Section 821.052, Health and Safety Code, is amended by adding Subsection (a-1) to read as follows:

(a-1) A person euthanizing a dog or cat under Subsection (a) may administer the following substances in addition to sodium pentobarbital or commercially compressed carbon monoxide:

(1) acepromazine; or

(2) xylazine.

SECTION 4. An offense under Subchapter D, Chapter 481, Health and Safety Code, involving the possession or distribution of acepromazine or xylazine as authorized by Section 481.111, Health and Safety Code, as amended by this Act, may not be prosecuted after the effective date of this Act. If on the effective date of this Act a criminal action is pending for an offense under Subchapter D involving the possession or distribution of acepromazine or xylazine as authorized by Section 481.111, Health and Safety Code, as amended by this Act, the action is dismissed on that date. However, a final conviction for an offense under Subchapter D involving the possession or distribution of acepromazine or xylazine that exists on the effective date of this Act is unaffected by this Act.

SECTION 5. This Act takes effect September 1, 2011.