By: Menéndez, Hinojosa S.B. No. 1781

Zaffirini

A BILL TO BE ENTITLED

AN ACT

relating to the euthanasia of animals in animal shelters located in certain counties.

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

SECTION 1. Subchapter C, Chapter 821, Health and Safety Code, is amended by adding Section 821.0521 to read as follows:

Sec. 821.0521. EUTHANASIA OF CERTAIN ANIMALS PROHIBITED. (a) This section applies only to a county:

(1) with a population of more than 1.5 million that contains a municipality in which at least 75 percent of the county's population resides; or

(2) that borders the United Mexican States and the Gulf of Mexico.

(b) A person may not euthanize a dog, cat, or other animal in the custody of an animal shelter if the animal could safely be placed:

(1) in an empty cage, kennel, or other living environment in the animal shelter; or

(2) in a shared cage, kennel, or other living environment intended for animal habitation in the animal shelter with another animal of the same species.

(c) A cage, kennel, or other living environment described by Subsection (b)(1) or (2) does not include a cage, kennel, or other living environment in an animal shelter that is:

(1) designated as an area where a person may get acquainted with an animal; or

(2) usually restricted to the public because sick or injured animals or animals that are receiving veterinary care are kept in the area.

(d) Subsection (b) does not apply to:

(1) an animal that is suspected of carrying and is otherwise exhibiting signs of rabies or another highly communicable disease as determined by a licensed veterinarian;

(2) a dog that a court has determined to be a dangerous dog under Subchapter D, Chapter 822;

(3) a dog that has bitten a person severely enough that the person suffered an injury requiring medical attention;

(4) a dog that has bitten a cat or another dog, causing serious injury or death to the other animal;

(5) a dog that a certified animal behaviorist or shelter staff has determined is a threat to human safety; or

(6) an animal that has a poor or grave prognosis for being able to live without severe, unremitting pain, even with comprehensive, prompt, and necessary veterinary care, as determined by a licensed veterinarian.

(e) This section does not require a person who is an agent of an animal shelter to:

(1) group unrelated or unfamiliar animals together in a cage, kennel, or other living environment before a health and behavioral evaluation has been performed by an appropriate staff member and the grouping has been determined to be appropriate;

(2) group animals together who are not socialized to other animals and actively bully other animals;

(3) group more than six dogs together in a cage, kennel, or other living environment, unless:

(A) a health or behavioral examination has been performed on each dog by an appropriate staff member and the grouping has been determined to be appropriate;

(B) there is adequate space to allow the dogs to express a variety of normal behavior; and

(C) the dogs are provided sufficient resources to prevent competition between the dogs or resource guarding by the dogs; or

(4) group more than 12 cats together in a cage, kennel, or other living environment, unless:

(A) a health or behavioral examination has been performed on each cat by an appropriate staff member and the grouping has been determined to be appropriate;

(B) there is adequate space to allow the cats to express a variety of normal behavior; and

(C) the cats are provided sufficient resources to prevent competition between the cats or resource guarding by the cats.

(f) This section does not prohibit a person who is an agent of an animal shelter from euthanizing an animal to make a cage or kennel space available for an additional animal, if the additional animal is expected to arrive at the animal shelter within a reasonable period of time.

SECTION 2. This Act takes effect September 1, 2015.