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A BILL TO BE ENTITLED
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AN ACT
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relating to veterinary services provided by releasing agencies. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 828.001, Health and Safety Code, is |
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amended by adding Subsections 828.001(5). |
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Sec. 828.001. DEFINITIONS. In this chapter: (1) "New |
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owner" means a person who is legally competent to enter into a |
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binding contract and who is adopting a dog or cat from a releasing |
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agency. |
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(2) "Releasing agency" means a public or private |
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animal pound, shelter, or humane organization. The term does not |
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include an individual who occasionally renders humane assistance or |
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shelter in the individual's home to a dog or cat. |
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(3) "Sterilization" means the surgical removal of the |
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reproductive organs of a dog or cat or the use of nonsurgical |
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methods and technologies approved by the United States Food and |
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Drug Administration or the United States Department of Agriculture |
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to permanently render the animal unable to reproduce. |
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(4) "Veterinarian" means a person licensed to practice |
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veterinary medicine by the State Board of Veterinary Medical |
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Examiners. |
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(5) "Nonprofit" means an organization that provides |
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veterinary medical care to animals that is exempt from taxation |
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under Chapter 22 of the Business Organizations Code or by the |
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Internal Revenue Service under 26 U.S.C. § 501 (c). |
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SECTION 2. Section 828.0035, Health and Safety Code, is |
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amended by adding Subsections (3) and (4). |
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Sec. 828.0035. STATE BOARD OF VETERINARY MEDICAL EXAMINERS. |
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The State Board of Veterinary Medical Examiners shall: |
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(1) develop information sheets regarding surgical or |
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nonsurgical sterilization to be distributed by a releasing agency |
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to a new owner; and |
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(2) adopt rules requiring an animal that has been |
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sterilized under this chapter to receive an identification marker |
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in a manner authorized by the board. |
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(3) enforce Health and Safety Code Section 828.012 |
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under the authority of Occupations Code 801.402, 801.508 and |
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801.504. |
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(4) establish a list of acceptable programs under Sec. |
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828.012(b)(1). |
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SECTION 4. Section 828.012, Health and Safety Code, is |
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amended by amending Subsections (b) and adding (b)(1). |
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Sec. 828.012. SURGERY AND OTHER VETERINARY SERVICES. (a) |
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Surgery or nonsurgical sterilization performed in accordance with |
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this chapter must be performed by a veterinarian or a full-time |
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student of an accredited college of veterinary medicine as provided |
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by Chapter 801, Occupations Code. |
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(b) A veterinarian employed by a releasing agency or |
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non-profit may not perform nonemergency veterinary services other |
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than sterilization and vaccinations on an animal that the releasing |
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or non-profit agency knows or should know has an owner. However, |
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this subsection does not prevent a veterinarian employed by a |
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releasing agency or non-profit from performing veterinary services |
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on an animal whose owner is indigent. as determined by; |
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(1) enrollment in a state or federal program for which |
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residents must meet certain low income levels to participate, |
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including but not limited to Medicaid, Supplemental Nutrition |
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Assistance Program, Section 8 Federal Public Housing Assistance |
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(FPHA), Low Income Home Energy Assistance Program (LIHEAP) and |
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Temporary Assistance for Needy Families (TANF), Veterans |
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Administration Disability and State Children's Health Insurance |
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program (SCHIP). |
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(c) A person associated with a releasing agency or |
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non- |
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profit may not interfere with the independent professional |
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judgment of a veterinarian employed by or under contract with the |
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releasing agency. |
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SECTION 5. Section 828.013, Health and Safety Code, is |
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amended. |
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Sec. 828.013. EXEMPTIONS. Except as provided by Health and |
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Safety Code 828.012. This other provisions of this chapter does do |
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not apply to: |
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(1) a dog or cat that is claimed from a releasing |
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agency by a person who already owns the animal; |
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(2) a releasing agency located in a municipality that |
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has in effect an ordinance providing standards for dog and cat |
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sterilization that exceed the requirements provided by this |
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chapter; |
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(3) an institution of higher education that purchases |
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or otherwise procures a dog or cat for the purpose of biomedical |
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research, testing, or teaching; or |
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(4) a releasing agency located in: |
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(A) a county with a population of 20,000 or less; |
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or |
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(B) a municipality with a population of 10,000 or |
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less. |
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SECTION 6. This Act takes effect September 1, 2019. |