By: Farrar H.B. No. 3749

A BILL TO BE ENTITLED

AN ACT

relating to the guidelines for animal shelters.

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

SECTION 1. Section 823.001(4), Health and Safety Code, is amended to read as follows:

(4) "Department" means the [Texas] Department of State Health Services.

SECTION 2. The heading to Section 823.003, Health and Safety Code, is amended to read as follows:

Sec. 823.003. STANDARDS AND REGULATIONS FOR ANIMAL SHELTERS; CRIMINAL PENALTY.

SECTION 3. Section 823.003, Health and Safety Code, is amended by adding Subsection (a-1) and amending Subsection (e) to read as follows:

(e) Each person operating an animal shelter shall set as a goal for the shelter to release all healthy animals in its custody. The department [board] may require each person operating an animal shelter to keep records of the date and disposition of animals in its custody, to maintain the records on the business premises of the animal shelter, and to make the records available for inspection at reasonable times.

SECTION 4. Chapter 823, Health and Safety Code, is amended by adding Section 823.004 to read as follows:

Sec. 823.004. LIVE RELEASE DATABASE. Each animal shelter operated in this state shall consider establishing and maintaining a live release database to track the number of animals in the shelter and the number of live releases from that shelter using the statistics table and live release rate formulas developed by the Asilomar Accords and in effect on January 1, 2013, or a successor table or formula.

SECTION 5. Section 823.005(b), Health and Safety Code, is amended to read as follows:

(b) The advisory committee must be composed of at least one licensed veterinarian, one county or municipal official, one person whose duties include the daily operation of an animal shelter, one representative from a rescue organization or a local private animal shelter, and one representative from an animal welfare organization.

SECTION 6. Chapter 823, Health and Safety Code, is amended by adding Section 823.006 to read as follows:

Sec. 823.006. FOSTER PROGRAMS. (a) Each animal shelter operated in this state shall consider establishing and operating a foster program that is approved by an advisory committee described by Section 823.005.

(b) The foster program may include:

(1) a recruitment plan for attracting volunteers and participants of the foster program;

(2) adoption events in the county or municipality in which the shelter is located; and

(3) a partnership with local private animal shelters to further the purposes of the program and for the transfer of healthy animals to relieve excess population of the shelter.

(c) The animal shelter shall consider ensuring that each animal in the foster program that weighs more than five pounds is vaccinated and spayed or neutered, as applicable.

SECTION 7. Section 823.001(2), Health and Safety Code, is repealed.

SECTION 8. The Department of State Health Services shall implement Section 823.004, Health and Safety Code, as added by this Act, not later than January 1, 2014.

SECTION 9. This Act takes effect September 1, 2013.