84R1899 TSR-D
 
  By: Rodriguez of Travis H.B. No. 859
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to an exemption from the veterinary licensing law for
  certain persons who provide services to an animal shelter.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 801.004, Occupations Code, is amended to
  read as follows:
         Sec. 801.004.  APPLICATION OF CHAPTER.  This chapter does
  not apply to:
               (1)  the treatment or care of an animal in any manner by
  the owner of the animal, an employee of the owner, or a designated
  caretaker of the animal, unless the ownership, employment, or
  designation is established with the intent to violate this chapter;
               (2)  a person who performs an act prescribed by the
  board as an accepted livestock management practice, including:
                     (A)  castrating a male animal raised for human
  consumption;
                     (B)  docking or earmarking an animal raised for
  human consumption;
                     (C)  dehorning cattle;
                     (D)  aiding in the nonsurgical birth process of a
  large animal, as defined by board rule;
                     (E)  treating an animal for disease prevention
  with a nonprescription medicine or vaccine;
                     (F)  branding or identifying an animal in any
  manner;
                     (G)  artificially inseminating an animal,
  including training, inseminating, and compensating for services
  related to artificial insemination; and
                     (H)  shoeing a horse;
               (3)  the performance of a cosmetic or production
  technique to reduce injury in poultry intended for human
  consumption;
               (4)  the performance of a duty by a veterinarian's
  employee if:
                     (A)  the duty involves food production animals;
                     (B)  the duty does not involve diagnosis,
  prescription, or surgery;
                     (C)  the employee is under the direction and
  general supervision of the veterinarian; and
                     (D)  the veterinarian is responsible for the
  employee's performance;
               (5)  the performance of an act by a person who is a
  full-time student of an accredited college of veterinary medicine
  if the act is performed under the direct supervision of a
  veterinarian;
               (6)  a person who is:
                     (A)  an animal shelter employee who performs
  euthanasia in the course and scope of the person's employment if the
  person has successfully completed training in accordance with
  Chapter 829, Health and Safety Code;
                     (B)  an employee, volunteer, or agent of an animal
  shelter who provides nonsurgical veterinary care or treatment for
  the animal shelter under the authorization and general supervision
  of a veterinarian or under a protocol approved by a veterinarian; or
                     (C)  a veterinarian who is employed by or who
  contracts with an animal shelter with or without pay while the
  veterinarian is providing services to the animal shelter;
               (7)  a person who is engaged in a recognized
  state-federal cooperative disease eradication or control program
  or an external parasite control program while the person is
  performing official duties required by the program;
               (8)  a person who, without expectation of compensation,
  provides emergency care in an emergency or disaster; or
               (9)  a consultation given to a veterinarian in this
  state by a person who:
                     (A)  resides in another state; and
                     (B)  is lawfully qualified to practice veterinary
  medicine under the laws of that state.
         SECTION 2.  This Act takes effect September 1, 2015.