S.B. No. 2100
 
 
 
 
AN ACT
  relating to the transfer of a retired law enforcement animal.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 614, Government Code, is amended by
  adding Subchapter L to read as follows:
  SUBCHAPTER L. RETIREMENT OF LAW ENFORCEMENT ANIMAL
         Sec. 614.211.  DEFINITIONS. In this subchapter:
               (1)  "Head of a law enforcement agency" means the
  highest-ranking peace officer in a law enforcement agency,
  including the director, sheriff, constable, or police chief, as
  applicable.
               (2)  "Law enforcement agency" means an office,
  department, or other division of this state or a political
  subdivision of this state, including a county, municipality, school
  district, or hospital district, that is authorized by law to employ
  peace officers.
         Sec. 614.212.  SUITABILITY AND ELIGIBILITY OF ANIMAL.
  (a)  The governing body of a state agency or political subdivision
  may enter into a contract with a person for the transfer of a law
  enforcement dog, horse, or other animal that has been determined by
  the applicable head of a law enforcement agency or that person's
  designee to be:
               (1)  suitable for transfer, after consulting with the
  animal's veterinarian, handlers, and other caretakers; and
               (2)  surplus to the needs of the state agency or
  political subdivision because the animal is:
                     (A)  at the end of the animal's working life; or
                     (B)  subject to circumstances that justify making
  the animal available for transfer before the end of the animal's
  working life, including:
                           (i)  the death of the animal's handler in the
  line of duty or as a result of injuries sustained in the line of
  duty; or
                           (ii)  the medical retirement of the animal's
  handler as a result of injuries sustained in the line of duty.
         (b)  The head of a state law enforcement agency may execute a
  contract under this subchapter on behalf of the state agency.
         Sec. 614.213.  TRANSFEREE. (a)  A law enforcement animal
  determined to be suitable and eligible for transfer under Section
  614.212 may be transferred only to a person who is:
               (1)  capable of humanely caring for the animal; and
               (2)  selected by the applicable head of a law
  enforcement agency or that person's designee in the following order
  of priority, as applicable:
                     (A)  the animal's former handler who medically
  retired as a result of injuries sustained in the line of duty;
                     (B)  the parent, child, spouse, or sibling of the
  animal's former handler if the handler was killed in the line of
  duty or died from injuries sustained in the line of duty;
                     (C)  a former handler not described by Paragraph
  (A);
                     (D)  a peace officer, county jailer, or
  telecommunicator other than the animal's handler; or
                     (E)  another person.
         (b)  If more than one person in a category of authorized
  transferees under Subsection (a)(2) requests to receive the animal,
  the applicable head of a law enforcement agency or that person's
  designee shall determine which of the potential transferees would
  best serve the best interest of the animal and the applicable state
  agency or political subdivision.
         Sec. 614.214.  CONTRACT. A contract for a transfer under
  this subchapter:
               (1)  may provide for the transfer without charge to the
  transferee;
               (2)  must require the transferee to:
                     (A)  humanely care for the animal, including
  providing food, shelter, and regular and appropriate veterinary
  care, including medication, to properly provide for the animal's
  health;
                     (B)  comply with all state and local laws
  applicable to keeping domestic animals; and
                     (C)  notify the applicable state agency or
  political subdivision if the transferee is no longer able to
  humanely care for the animal; and
               (3)  must require the applicable state agency or
  political subdivision to take possession of the animal on:
                     (A)  receipt of the notice under Subdivision
  (2)(C); or
                     (B)  a finding by the governing body of the state
  agency or political subdivision that the transferee is no longer
  able to humanely care for the animal.
         Sec. 614.215.  LIABILITY. A state agency or political
  subdivision that transfers an animal under this subchapter:
               (1)  is not liable in a civil action for any damages
  arising from the transfer, including damages arising from the
  animal's law enforcement training; and
               (2)  is not liable for veterinary expenses of the
  transferred animal, including expenses associated with care for a
  condition of the animal that existed before or at the time of
  transfer, regardless of whether the applicable law enforcement
  agency, state agency, or political subdivision was aware of the
  condition. 
         Sec. 614.216.  EFFECT OF SUBCHAPTER. This subchapter does
  not:
               (1)  require an animal to be transferred under this
  subchapter;
               (2)  affect a state agency's or political subdivision's
  authority to care for retired law enforcement animals; or
               (3)  waive sovereign or governmental immunity to suit
  and from liability of the state agency or political subdivision
  transferring an animal.
         Sec. 614.217.  EFFECT OF SURPLUS OR SALVAGE LAW. Subchapter
  D, Chapter 2175, of this code, Subchapter D, Chapter 263, Local
  Government Code, and other similar laws regarding the disposition
  of surplus or salvage property do not apply to the transfer of a law
  enforcement animal under this subchapter.
         SECTION 2.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2019.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 2100 passed the Senate on
  April 17, 2019, by the following vote:  Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 2100 passed the House on
  May 1, 2019, by the following vote:  Yeas 142, Nays 0, two present
  not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor