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SECTION 4. Section 823.001,
Health and Safety Code, is amended to read as follows:
Sec. 823.001. DEFINITIONS.
In this chapter:
(1) "Animal"
means a domestic dog, Canis lupus familiaris, or a domestic cat, Felis
catus.
(2) "Animal
shelter" means a facility that keeps or legally impounds stray,
homeless, abandoned, or unwanted animals. The term includes a
governmental animal sheltering agency and a private animal sheltering
organization. The term does not include a rescue organization.
(3) "Business
day" means any day an animal shelter is open to the public for animal
reclaims.
[(2) "Board"
means the Texas Board of Health.
[(3)
"Commissioner" means the commissioner of health.]
(4) "Department"
means the [Texas] Department of State Health Services.
(5) "Executive
commissioner" means the executive commissioner of the Health and Human
Services Commission.
(6) "Governmental
animal sheltering agency" means:
(A) a municipal or county
animal control shelter; or
(B) a private animal
shelter, society for the prevention of cruelty to animals, humane society,
individual, or group that contracts with and receives money from a
municipality or county to accept and house stray, abandoned, or
owner-relinquished animals.
(7) "Hold
period" means the time a governmental
animal sheltering agency is required by state law, municipal
ordinance, or county order to hold an animal before the animal is adopted
or euthanized.
(8) "Irremediably
suffering animal" means an animal that:
(A) has a medical
condition with a poor prognosis for life without the animal experiencing
severe and unremitting pain despite veterinary care; or
(B) is in severe pain
caused by an injury or severe respiratory distress, and the animal
shelter's lack of resources limits the veterinary care readily available to
the animal.
(9) "Private animal
sheltering organization" means an animal shelter, society for the
prevention of cruelty to animals, humane society, or animal adoption group
that:
(A) qualifies as a
charitable organization under Section 501(c)(3), Internal Revenue Code of
1986;
(B) accepts animals into
a physical facility other than a private residence;
(C) places into new homes
stray, abandoned, or owner-relinquished animals, including animals that
have been transferred from a governmental or other private animal
sheltering organization; and
(D) does not receive
municipal, county, or state funding and has not contracted with a
municipality, a county, or this state to accept and house stray, abandoned,
or owner-relinquished animals.
(10) "Rescue
organization" means an organization that:
(A) has been in operation
for at least one year, with a primary stated purpose of animal adoption,
animal rescue, or sterilization of animals;
(B) qualifies as a
charitable organization under Section 501(c)(3), Internal Revenue Code of
1986; and
(C) is described by
Section 170(b)(1)(A)(vi), Internal Revenue Code of 1986.
(11) "Unweaned animal" means any neonatal animal younger
than four weeks of age that, in the absence of the animal's mother,
requires supplemental bottle-feeding by humans to survive.
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SECTION 4. Section 823.001,
Health and Safety Code, is amended to read as follows:
Sec. 823.001. DEFINITIONS.
In this chapter:
(1) "Animal"
means a domestic dog, Canis lupus familiaris, or a domestic cat, Felis
catus.
(2) "Animal
shelter" means a facility that keeps or legally impounds stray,
homeless, abandoned, or unwanted animals. The term includes a
governmental animal sheltering agency and a private animal sheltering
organization. The term does not include a rescue organization.
(3) "Business
day" means any day an animal shelter is open to the public for animal
reclaims.
[(2) "Board"
means the Texas Board of Health.
[(3)
"Commissioner" means the commissioner of health.]
(4) "Department"
means the [Texas] Department of State Health Services.
(5) "Executive
commissioner" means the executive commissioner of the Health and Human
Services Commission.
(6) "Governmental
animal sheltering agency" means:
(A) a municipal or county
animal control shelter; or
(B) a private animal
shelter, society for the prevention of cruelty to animals, humane society,
individual, or group that contracts with and receives money from a
municipality or county to accept and house stray, abandoned, or
owner-relinquished animals.
(7) "Hold
period" means the time an animal shelter
is required by state law, municipal ordinance, or county order to hold an
animal before the animal is adopted or euthanized.
(8) "Irremediably
suffering animal" means an animal that:
(A) has a medical
condition with a poor prognosis for life without the animal experiencing
severe and unremitting pain despite veterinary care;
(B) is in severe pain
caused by an injury or severe respiratory distress, and the animal
shelter's lack of resources limits the veterinary care readily available to
the animal;
(C) is suspected of carrying or is exhibiting signs of rabies; or
(D) is symptomatic of a highly communicable and potentially fatal
disease, including parvovirus, distemper, canine influenza, or
panleukopenia.
(9) "Private animal
sheltering organization" means an animal shelter, society for the
prevention of cruelty to animals, humane society, or animal adoption group
that:
(A) qualifies as a
charitable organization under Section 501(c)(3), Internal Revenue Code of
1986;
(B) accepts animals into
a physical facility other than a private residence;
(C) places into new homes
stray, abandoned, or owner-relinquished animals, including animals that
have been transferred from a governmental or other private animal
sheltering organization; and
(D) does not receive
municipal, county, or state funding and has not contracted with a
municipality, a county, or this state to accept and house stray, abandoned,
or owner-relinquished animals.
(10) "Rescue
organization," for purposes of this chapter, means an organization
that:
(A) has been in operation
for at least one year, with a primary stated purpose of animal adoption,
animal rescue, or sterilization of animals;
(B) qualifies and has been in operation for at least one year
as a charitable organization under Section 501(c)(3), Internal Revenue Code
of 1986; and
(C) is described by
Section 170(b)(1)(A)(vi), Internal Revenue Code of 1986.
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SECTION 7. Section 823.003,
Health and Safety Code, is amended by amending Subsections (b), (c), and
(e) and adding Subsections (c-1) and (e-1) to read as follows:
(b) Except as otherwise
provided by this subsection, an [An] animal shelter shall house
and separate animals in its custody at all times by species and
gender. An animal shelter may:
(1) house together
same-species animals that:
(A) are spayed or
neutered;
(B) are nursing; or
(C) are younger than
three months of age; and
(2) allow same-species
animals to be placed together in a supervised, designated exercise area[,
by sex (if known), and if the animals are not related to one another, by
size].
(c) An animal shelter may
not confine healthy animals with sick, injured, or diseased animals without
the approval of a veterinarian licensed by this state to practice
veterinary medicine.
(c-1) An animal shelter
may not refuse to adopt or transfer a dog or cat based solely on the
animal's age, breed, type, breed mix, appearance, or size.
(e) A governmental animal
sheltering agency shall keep and maintain on its premises [The board
may require each person operating an animal shelter to keep] records of
the date and disposition of animals in its custody and make the records
available for inspection at reasonable times on request [, to
maintain the records on the business premises of the animal shelter, and to
make the records available for inspection at reasonable times].
(e-1) A rescue
organization shall house and separate unsterilized animals four months of
age or older in its custody by species and gender. A rescue organization
may not house a healthy animal with an animal that has a communicable
disease.
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SECTION 7. Section 823.003,
Health and Safety Code, is amended by amending Subsections (b), (c), and
(e) and adding Subsections (c-1), (e-1), and (e-2) to read as follows:
(b) Except as otherwise
provided by this subsection, an [An] animal shelter shall house
and separate animals in its custody at all times by species and
gender. An animal shelter may:
(1) house together
same-species animals that:
(A) are spayed or
neutered;
(B) are nursing; or
(C) are younger than
three months of age; and
(2) allow same-species
animals to be placed together in a supervised, designated exercise area[,
by sex (if known), and if the animals are not related to one another, by
size].
(c) An animal shelter may
not confine healthy animals with sick, injured, or diseased animals without
the approval of a veterinarian licensed by this state to practice
veterinary medicine.
(c-1) An animal shelter
may not refuse to adopt or transfer a dog or cat based solely on the
animal's age, breed, type, breed mix, appearance, or size.
(e) A governmental animal
sheltering agency shall keep and maintain on its premises [The board
may require each person operating an animal shelter to keep] records of
the date and disposition of animals in its custody and make the records
available for inspection at reasonable times on request [, to
maintain the records on the business premises of the animal shelter, and to
make the records available for inspection at reasonable times].
(e-1) A rescue
organization shall house and separate unsterilized animals four months of
age or older in its custody by species and gender. A rescue organization
may not house a healthy animal with an animal that has a communicable
disease.
(e-2) A rescue organization shall sterilize, microchip, and
vaccinate an animal four months of age or older before the adoption or
release of the animal to another organization or person, unless a
veterinarian certifies in writing that an animal should not be sterilized
because of the animal's age or medical condition.
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SECTION 8. Chapter 823, Health
and Safety Code, is amended by adding Sections 823.004, 823.0041, 823.0042,
823.0043, 823.0044, 823.0045, and 823.0046 to read as follows:
Sec. 823.004. TRANSFER OF
ANIMALS.
(a) A governmental animal
sheltering agency may, in its discretion, transfer an animal that does not
have a microchip or tag identification to a rescue organization or a
private animal sheltering organization immediately after impound. During
the hold period, the animal shelter transferring the animal shall post in a
conspicuous location readily visible to persons entering the facility and
on the animal shelter's Internet website:
(1) a description and
photo of the animal; and
(2) the contact
information of the organization that has possession of the animal.
(b) If a transferred
animal's owner is identified before expiration of the governmental animal
sheltering agency's hold period and the owner wishes to reclaim the animal,
the rescue organization or private animal sheltering organization shall
return the animal to the agency within 24 hours of the time the
organization is notified of the owner's wishes. The owner is responsible
for all costs incurred by the agency related to the animal.
(c) During the hold
period, the animal shelter or rescue organization in possession of the
animal is considered the owner of the animal for purposes of Section
801.004, Occupations Code.
(d) A private animal sheltering organization or rescue organization
that accepts an animal during the animal's hold period may not transfer the
animal to another organization or allow the adoption of the animal before
the hold period expires.
(e) A governmental animal sheltering agency may at any time
transfer an animal surrendered by the animal's owner to a rescue
organization or private animal sheltering organization.
Sec. 823.0041.
NOTIFICATION REGARDING AND TRANSFER OF UNWEANED ANIMALS. (a) An animal
shelter shall immediately notify, in person or by e-mail, or by posting
notice on the organization's Internet website or in a designated prominent
public place, any rescue organizations and other animal shelters that have
expressed by written notice a willingness and ability to care for unweaned
animals if the animal shelter:
(1) impounds an unweaned
animal without its mother;
(2) lacks the resources
to provide necessary or essential feedings to the unweaned animal; and
(3) is unable to make an
adoption or pet foster care placement for the unweaned animal.
(b) An animal shelter
shall provide any rescue organization or other animal shelter notified
under Subsection (a) with at least eight hours after the time of
notification to take possession of the unweaned animal.
Sec. 823.0042. EUTHANASIA
PROCEDURES; TRANSFER REFUSAL; CRIMINAL PENALTY. (a) At least one business day before the date an animal
is scheduled to be euthanized by an animal shelter, the animal shelter shall:
(1) notify any rescue organizations and private animal sheltering
organizations that have requested notification of any scheduled euthanasia;
or
(2) post a list of the
animals to be euthanized, with descriptions and photos, in a designated
prominent public place or on an Internet website that can be accessed by
rescue organizations and private animal sheltering organizations.
(b) An animal shelter may not euthanize an
animal within 24 hours of the time the notification
or posting required by Subsection (a) occurs. If, within 24 hours of the notification or posting, a rescue
organization or private animal sheltering organization does not respond in
writing or orally that the
organization will take the animal, the animal
shelter may euthanize the animal.
(c) Before the scheduled
euthanasia, a rescue organization or private animal sheltering organization
that intends to take possession of an animal scheduled for euthanasia may
notify the animal shelter that has
possession of the animal of that intention using reasonable commercial
means or in person. If the transfer of possession is scheduled to take
place after the animal shelter's hold period expires, the transfer
must take place within 24 hours of the time the animal shelter receives notification of the organization's
intention. If the transfer does not take place within 24 hours of the time
the animal shelter receives
notification of the organization's intention, the animal shelter may euthanize the animal.
(d) The animal shelter possessing the animal
scheduled to be euthanized may make an adoption placement of the animal
during the waiting period required by Subsection (b).
(e) The animal shelter may:
(1) charge a fee not to
exceed the animal shelter's standard
adoption fee for each animal released to a rescue organization or private
animal sheltering organization; and
(2) establish the same
requirements for the animal that are used for public adoptions.
(f) An animal shelter shall transfer an animal
scheduled to be euthanized to a rescue organization or private animal
sheltering organization that requests transfer of the animal under this
section, subject to the express limitations of this chapter or other law.
(g) Notwithstanding
Subsection (f), an animal shelter may refuse to transfer an
animal to a rescue organization or other
animal shelter if:
(1) any of the rescue
organization's or other animal shelter's current directors, officers,
staff, or volunteers have been convicted of, have charges pending for, or
have received a citation for an offense involving animal cruelty or neglect
or a public health nuisance;
(2) the rescue
organization or other animal shelter is constrained by a court order that
prevents the organization or shelter from accepting or housing animals;
(3) a governmental law
enforcement agency is conducting an active and ongoing investigation into
the rescue organization or other animal shelter; or
(4) the rescue
organization fails to provide:
(A) copies of veterinary
records requested under Section 823.0044(1) indicating that the
organization sterilizes animals in its care unless a veterinarian certifies
in writing that an animal should not be sterilized because of age or a
medical condition; or
(B) letters of
recommendation requested under Section 823.0044(2).
(h) A rescue organization
or animal shelter shall disclose to an
animal shelter seeking to transfer an
animal to the organization or shelter any applicable conviction, charge,
citation, or legal impediment described in Subsection (g).
(i) A person commits an
offense if a person substantially violates this section. An offense under
this subsection is a Class C misdemeanor.
(j) Notwithstanding any
other provision of this section, in the case of a mass seizure of animals
by law enforcement, euthanasia of animals may occur within 24 hours of the
time the notification or posting
required by Subsection (a) occurs.
No
equivalent provision.
Sec. 823.0043. INFORMATION
REGARDING TRANSFERRED ANIMALS. An animal
shelter may require not more frequently than monthly that a rescue
organization or private animal sheltering organization provide information,
orally, electronically, or in writing, regarding:
(1) the number of animals
the organization has received; and
(2) of the number
described in Subdivision (1), the number of animals that were adopted,
died, were transferred to another organization, were euthanized, or are
still under the organization's care.
Sec. 823.0044.
REQUIREMENTS FOR RESCUE ORGANIZATIONS. A rescue organization shall:
(1) retain in its files
and provide on request of an animal shelter
a copy of records regarding the veterinary examinations and treatments,
including animal sterilization, of each animal housed by the organization;
(2) provide on request of
an animal shelter letters of
recommendation from two other animal shelters;
(3) provide quarterly, on
request of the animal shelter, the
names and addresses of the directors, officers, or volunteers of the rescue organization; and
(4) in accordance with state law, sterilize, microchip, and
vaccinate an animal four months of age or older before the adoption or
release of the animal to another organization or person.
Sec. 823.0045. TRANSFER
OF ANIMAL BY ANIMAL SHELTER; SITE VISITATION.
(a) If an animal shelter reasonably suspects that the
placement of an animal with a rescue organization or private animal
sheltering organization will expose the animal to neglect or cruelty, the animal shelter may condition the release of
the animal on the completion of a site visitation of the organization by a
municipal or county agent as provided by
Subsection (e).
(b) The reasonable
suspicion may not be based solely on an anonymous complaint unless the complaint
is made by a relative of the owner of
the organization.
(c) The animal shelter, on request, shall disclose
to the rescue organization or private animal sheltering organization all
information related to the shelter's
decision to require a site visitation under Subsection (a), except the
identity of a person who submitted a complaint.
(d) If the rescue
organization or private animal sheltering organization agrees to a site
visitation, the visit must be conducted within 48 hours of the time the organization agrees to the visit. If
the visit is not conducted within 48 hours,
the animal shelter's right to a site visitation is waived. If the rescue organization or private animal sheltering
organization refuses a site visitation, the animal
shelter may decline to place the animal with the organization.
(e) The municipal or
county employee who is responsible for and oversees zoning and health code
enforcement in the municipality or county shall conduct a site visitation
required under this section.
(f) The animal shelter within 24 hours of the
completion of the site visitation shall notify the rescue organization or
private animal sheltering organization of the results of the site
visitation and whether the shelter
will release the animal to the organization. If the site visitation
documents significant violations, the animal
shelter must include with the notification a list of the
deficiencies that prohibit the release of an animal to the organization.
(g) If the site
visitation results in the filing of criminal neglect or cruelty to animals
charges, the site visitation constitutes a failed inspection.
Sec. 823.0046. LIMITED
LIABILITY. An animal shelter that complies with the requirements of this
chapter is not civilly or criminally liable for an adoption or transfer
conducted in accordance with this chapter.
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SECTION 8. Chapter 823,
Health and Safety Code, is amended by adding Sections 823.004, 823.0041,
823.0042, 823.0043, 823.0044, 823.0045, and 823.0046 to read as follows:
Sec. 823.004. HOLD PERIOD
AND TITLE TRANSFER.
No
equivalent provision.
No
equivalent provision.
(a) During the hold
period of an animal shelter, the animal shelter is considered the owner of
each animal in its possession for purposes of Section 801.004, Occupations
Code.
(b) On expiration of the hold period, ownership of the animal vests
absolutely in the animal shelter.
(c) Ownership of an animal immediately vests in an animal shelter or
rescue organization if the animal is surrendered by the owner to the animal
shelter or rescue organization.
Sec. 823.0041. TRANSFER
OF ANIMALS. (a) An animal shelter
may at any time transfer an animal surrendered by the animal's owner to a
rescue organization or private animal sheltering organization.
(b) The animal shelter may release custody of the animal on a
first-come, first-served basis to any rescue organization or private animal
sheltering organization that is on site to receive the animal.
No
equivalent provision.
Sec. 823.0042. EUTHANASIA
PROCEDURES; TRANSFER REFUSAL; CRIMINAL PENALTY; MORATORIUM.
(a) A governmental animal sheltering agency shall post a list of the animals in
the agency's custody to be euthanized, with descriptions, photos, and information about when the animal's hold period
expires, in a designated prominent public place or on an Internet
website that can be accessed by rescue organizations and private animal
sheltering organizations.
(b) A governmental animal sheltering agency may
not euthanize an animal within 24 hours of the time the posting required by
Subsection (a) occurs. If, after 24
hours of the posting, a rescue organization or private animal sheltering
organization does not respond in writing that the organization will take the
animal, the governmental animal sheltering agency may euthanize the animal.
(c) Before the scheduled
euthanasia, a rescue organization or private animal sheltering organization
that intends to take possession of an animal scheduled for euthanasia may notify,
in writing or using other reasonable
commercial means, the governmental animal
sheltering agency that has possession of the animal of that
intention. The transfer shall take place within 24 hours of the time the agency receives notification of the
organization's intention. If the transfer does not take place within 24
hours of the time the agency receives
notification of the organization's intention, the agency may euthanize the animal.
(d) The governmental animal sheltering agency
possessing the animal scheduled to be euthanized may make an adoption
placement of the animal during the waiting period required by Subsection
(b).
(e) The governmental animal sheltering agency may:
(1) charge a fee not to
exceed the agency's standard adoption
fee for each animal released to a rescue organization or private animal
sheltering organization; and
(2) establish the same
requirements for the animal that are used for public adoptions.
(f) A governmental animal sheltering agency shall
transfer an animal scheduled to be euthanized to a rescue organization or
private animal sheltering organization that requests transfer of the animal
under this section, subject to the express limitations of this chapter or
other law.
(g) Notwithstanding
Subsection (f), a governmental animal
sheltering agency may refuse to transfer an animal to a rescue
organization or private animal sheltering
organization if:
(1) any of the
organization's current directors, officers, staff, or volunteers have been
convicted of, have charges pending for, or have received a citation for an
offense involving animal cruelty or neglect or a public health nuisance;
(2) the organization is
constrained by a court order that prevents the organization from accepting
or housing animals;
(3) a governmental law
enforcement agency is conducting an active and ongoing investigation into
the organization; or
(4) the rescue
organization fails to provide:
(A) copies of veterinary
records requested under Section 823.0044(1) indicating that the
organization sterilizes animals in its care unless a veterinarian certifies
in writing that an animal should not be sterilized because of age or a
medical condition;
(B) letters of
recommendation requested under Section 823.0044(2); or
(C) adoption paperwork, if the rescue organization receives more
than 20 animals from a governmental animal sheltering agency in one year.
(h) A rescue organization
or private animal sheltering organization
shall disclose to a governmental animal
sheltering agency seeking to transfer an animal to the organization
any applicable conviction, charge, citation, or legal impediment described
in Subsection (g).
(i) A person commits an
offense if a person substantially violates this section. An offense under
this subsection is a Class C misdemeanor.
(j) Notwithstanding any
other provision of this section, in the case of a mass seizure of animals
by law enforcement, euthanasia of animals may occur within 24 hours of the
time the posting required by Subsection (a) occurs.
(k) A governmental animal
sheltering agency may place a moratorium on animal transfers to a rescue
organization until a majority of the animals received by the organization
from the agency have been adopted if:
(1) the organization
receives at least 20 animals from the agency in one year; and
(2) the majority of
animals received by the organization from the agency have not been adopted.
Sec. 823.0043.
INFORMATION REGARDING TRANSFERRED ANIMALS. A governmental
animal sheltering agency may require not more frequently than monthly
that a rescue organization or private animal sheltering organization
provide information, orally, electronically, or in writing, regarding:
(1) the number of animals
the organization has received; and
(2) of the number
described in Subdivision (1), the number of animals that were adopted,
died, were transferred to another organization, were euthanized, or are
still under the organization's care.
Sec. 823.0044.
REQUIREMENTS FOR RESCUE ORGANIZATIONS. A rescue organization shall:
(1) retain in its files
and provide on request of a governmental
animal sheltering agency a copy of records regarding the veterinary
examinations and treatments, including animal sterilization, of each animal
housed by the organization;
(2) provide on request of
a governmental animal sheltering agency
letters of recommendation from two animal shelters located in this state; and
(3) provide quarterly, on
request of the governmental animal sheltering
agency, the names and addresses of the directors and officers of the
organization.
Sec. 823.0045. TRANSFER
OF ANIMAL BY GOVERNMENTAL ANIMAL SHELTERING AGENCY; SITE VISITATION.
(a) If a governmental animal sheltering agency
reasonably suspects that the placement of an animal with a rescue
organization or private animal sheltering organization will expose the
animal to neglect or cruelty, the agency
may condition the release of the animal on the completion of a site
visitation of the organization by a municipal or county agent or agency employee or enforcement agent.
(b) The reasonable
suspicion of the governmental animal sheltering agency may not be based
solely on an anonymous complaint unless the complaint is made by a relative
of a person affiliated with the rescue
organization or private animal sheltering organization who has direct
responsibility for animal care.
(c) The governmental animal sheltering agency, on
request, shall disclose to the rescue organization or private animal
sheltering organization all information related to the agency's decision to require a site
visitation under Subsection (a), except the identity of a person who
submitted a complaint.
(d) If the rescue
organization or private animal sheltering organization agrees to a site
visitation, the visit must be conducted within 72 hours after the time the organization agrees to the visit.
If the visit is not conducted within 72 hours,
the governmental animal sheltering agency's
right to a site visitation is waived. If the organization
refuses a site visitation, the agency
may decline to place the animal with the organization.
No
equivalent provision.
(e) The governmental animal sheltering agency
within 24 hours of the completion of the site visitation shall notify the
rescue organization or private animal sheltering organization of the
results of the site visitation and whether the agency will release the animal to the organization. If the
site visitation documents significant violations, the agency must include with the notification a
list of the deficiencies that prohibit the release of an animal to the
organization.
(f) If the site
visitation results in the filing of criminal neglect or cruelty to animals
charges, the site visitation constitutes a failed inspection.
Sec. 823.0046. LIMITED
LIABILITY. An animal shelter that complies with the requirements of this
chapter is not civilly or criminally liable for an adoption, transfer, or procedure conducted in accordance with
this chapter.
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