BILL ANALYSIS

 

 

 

C.S.H.B. 1984

By: Burkett

Urban Affairs

Committee Report (Substituted)

 

 

 

BACKGROUND AND PURPOSE

 

Interested parties note the risk of an animal held in quarantine for rabies exposure at an animal shelter or veterinary office being mistakenly euthanized due to clerical or human error. C.S.H.B. 1984 seeks to provide protections to ensure that pet owners are properly notified throughout the quarantine process and that facilities properly identify quarantined animals.

 

CRIMINAL JUSTICE IMPACT

 

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

 

RULEMAKING AUTHORITY

 

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

 

ANALYSIS

 

C.S.H.B. 1984 amends the Health and Safety Code to require a veterinarian or local rabies control authority, as applicable, to take the following actions at the time an owner submits for quarantine an animal that the veterinarian or local rabies control authority has probable cause to believe is rabid, may have been exposed to rabies, or may have exposed a person to rabies: provide written notification to the animal's owner of the date the animal enters quarantine and the date the animal will be released from quarantine, obtain and retain with the animal's records a written statement signed by the animal's owner and a supervisor employed by the veterinarian or local rabies control authority acknowledging that those dates have been provided to the animal's owner, and provide the animal's owner a copy of the signed written statement. The bill requires a veterinarian or local rabies control authority, as applicable, to identify each quarantined animal with a placard or other marking on the animal's kennel that indicates the animal is quarantined. The bill prohibits a veterinarian or local rabies control authority from destroying an animal following the final day of the quarantine period unless the veterinarian or local rabies control authority has notified the animal's owner of the animal's scheduled destruction and provided the animal's owner a reasonable opportunity to take possession of the animal after providing the notice.

 

EFFECTIVE DATE

 

September 1, 2017.

 

COMPARISON OF ORIGINAL AND SUBSTITUTE

 

While C.S.H.B. 1984 may differ from the original in minor or nonsubstantive ways, the following comparison is organized and formatted in a manner that indicates the substantial differences between the introduced and committee substitute versions of the bill.

 

INTRODUCED

HOUSE COMMITTEE SUBSTITUTE

SECTION 1.  Section 826.042, Health and Safety Code, is amended by adding Subsections (f) and (g) to read as follows:

(f)  At the time an owner submits for quarantine an animal described by Subsection (b), the veterinarian or local rabies control authority, as applicable, shall:

(1)  provide written notification to the animal's owner of the date the animal enters quarantine and the date the animal will be released from quarantine;

(2)  obtain and retain with the animal's records a written statement signed by the animal's owner and a supervisor employed by the veterinarian or local rabies control authority acknowledging that the information required by Subdivision (1) has been provided to the animal's owner; and

(3)  provide the animal's owner a copy of the signed written statement obtained under Subdivision (2).

(g)  A veterinarian or local rabies control authority, as applicable, shall fit each animal quarantined under this section with a yellow collar that is distinct in color from the collars of other animals under the care of the veterinarian or local rabies control authority.

SECTION 1.  Section 826.042, Health and Safety Code, is amended by adding Subsections (f) and (g) to read as follows:

(f)  At the time an owner submits for quarantine an animal described by Subsection (b), the veterinarian or local rabies control authority, as applicable, shall:

(1)  provide written notification to the animal's owner of the date the animal enters quarantine and the date the animal will be released from quarantine;

(2)  obtain and retain with the animal's records a written statement signed by the animal's owner and a supervisor employed by the veterinarian or local rabies control authority acknowledging that the information required by Subdivision (1) has been provided to the animal's owner; and

(3)  provide the animal's owner a copy of the signed written statement obtained under Subdivision (2).

(g)  A veterinarian or local rabies control authority, as applicable, shall identify each animal quarantined under this section with a placard or other marking on the animal's kennel that indicates the animal is quarantined under this section.

SECTION 2.  Section 826.043, Health and Safety Code, is amended.

SECTION 2. Same as introduced version.

 

SECTION 3.  This Act takes effect September 1, 2017.

SECTION 3. Same as introduced version.