87R3251 KKR-F

By: Rosenthal H.B. No. 337

A BILL TO BE ENTITLED

AN ACT

relating to the intake and disposition records of animal shelters and releasing agencies.

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

SECTION 1. The heading to Chapter 823, Health and Safety Code, is amended to read as follows:

CHAPTER 823. ANIMAL SHELTERS AND RELEASING AGENCIES

SECTION 2. Section 823.001, Health and Safety Code, is amended by adding Subdivision (5) to read as follows:

(5) "Releasing agency" has the meaning assigned by Section 828.001.

SECTION 3. Section 823.002, Health and Safety Code, is amended to read as follows:

Sec. 823.002. EXEMPTION FOR CERTAIN COUNTIES, CLINICS, AND FACILITIES. Except as provided by Sections 823.003(e) and 823.010, this [This] chapter does not apply to:

(1) a county having a population of less than 75,000;

(2) a veterinary medicine clinic; or

(3) a livestock commission facility.

SECTION 4. The heading to Section 823.003, Health and Safety Code, is amended to read as follows:

Sec. 823.003. STANDARDS FOR ANIMAL SHELTERS AND RELEASING AGENCIES; CRIMINAL PENALTY.

SECTION 5. Section 823.003(e), Health and Safety Code, is amended to read as follows:

(e) The executive commissioner of the Health and Human Services Commission shall [may] require each person operating an animal shelter or releasing agency to keep the records required by Section 823.010. The executive commissioner shall require the shelter or agency [of the date and disposition of animals in its custody,] to maintain the records on the business premises of the [animal] shelter or agency[,] and to make the records available for inspection at reasonable times.

SECTION 6. Chapter 823, Health and Safety Code, is amended by adding Section 823.010 to read as follows:

Sec. 823.010. INTAKE AND DISPOSITION RECORDS FOR ANIMAL SHELTERS AND RELEASING AGENCIES. (a) Each animal shelter, including a shelter operated by a municipality, or releasing agency operated in this state shall prepare and maintain records on the intake and disposition of animals in the care of the shelter or agency, including:

(1) the total number of live animals taken in by the shelter or agency, categorized by species and age;

(2) the reason an animal was taken in by the shelter or agency, including whether the animal was:

(A) surrendered by the animal's owner;

(B) surrendered by the animal's owner and the owner requested that the animal be euthanized;

(C) impounded as a stray animal or an animal at large;

(D) confiscated;

(E) transferred to the shelter or agency from a location in this state;

(F) transferred to the shelter or agency from a location outside this state; or

(G) born in the shelter or under the care of the agency;

(3) the number of animals at the shelter or agency on the last day of each month, categorized by species and age; and

(4) the disposition of each animal taken in by the shelter or agency, categorized by species and age, including whether the animal:

(A) was adopted;

(B) was reclaimed by the animal's owner;

(C) died in the shelter or under the care of the agency;

(D) was transferred from the shelter or agency;

(E) was euthanized by the shelter or agency on a decision made by the shelter or agency;

(F) was euthanized at the owner's request;

(G) was returned to the field as part of a sterilization program; or

(H) was lost or stolen while in the shelter's or agency's care.

(b) In the records required by Subsection (a), an animal shelter or releasing agency must use the following categories:

(1) for species, dog, cat, or other; and

(2) for age, up to five months or adult.

(c) An animal shelter or releasing agency monthly shall prepare the records required by Subsection (a).

(d) An animal shelter or releasing agency shall maintain records prepared under Subsection (a) until at least the third anniversary of the date the record was prepared.

(e) An animal shelter or releasing agency shall make the records required by this section available to the public by:

(1) posting the records on the shelter's, municipality's, or agency's Internet website; or

(2) for a shelter, municipality, or agency that does not have an Internet website, making the records available for inspection and copying in a form regularly maintained by the shelter, municipality, or agency.

SECTION 7. The changes in law made by this Act apply only to an animal placed at or disposed of by an animal shelter or releasing agency or counted in the shelter's or agency's animal total on or after the effective date of this Act.

SECTION 8. This Act takes effect September 1, 2021.