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A BILL TO BE ENTITLED
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AN ACT
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relating to the intake and disposition records of animal shelters |
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and releasing agencies. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Chapter 823, Health and Safety |
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Code, is amended to read as follows: |
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CHAPTER 823. ANIMAL SHELTERS AND RELEASING AGENCIES |
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SECTION 2. Section 823.001, Health and Safety Code, is |
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amended by adding Subdivision (5) to read as follows: |
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(5) "Releasing agency" has the meaning assigned by |
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Section 828.001. |
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SECTION 3. Section 823.002, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 823.002. EXEMPTION FOR CERTAIN COUNTIES, CLINICS, AND |
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FACILITIES. Except as provided by Sections 823.003(e) and 823.010, |
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this [This] chapter does not apply to: |
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(1) a county having a population of less than 75,000; |
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(2) a veterinary medicine clinic; or |
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(3) a livestock commission facility. |
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SECTION 4. The heading to Section 823.003, Health and |
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Safety Code, is amended to read as follows: |
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Sec. 823.003. STANDARDS FOR ANIMAL SHELTERS AND RELEASING |
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AGENCIES; CRIMINAL PENALTY. |
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SECTION 5. Section 823.003(e), Health and Safety Code, is |
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amended to read as follows: |
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(e) The executive commissioner of the Health and Human |
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Services Commission shall [may] require each person operating an |
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animal shelter or releasing agency to keep the records required by |
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Section 823.010. The executive commissioner shall require the |
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shelter or agency [of the date and disposition of animals in its |
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custody,] to maintain the records on the business premises of the |
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[animal] shelter or agency[,] and to make the records available for |
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inspection at reasonable times. |
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SECTION 6. Chapter 823, Health and Safety Code, is amended |
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by adding Section 823.010 to read as follows: |
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Sec. 823.010. INTAKE AND DISPOSITION RECORDS FOR ANIMAL |
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SHELTERS AND RELEASING AGENCIES. (a) Each animal shelter, |
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including a shelter operated by a municipality, or releasing agency |
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operated in this state shall prepare and maintain records on the |
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intake and disposition of animals in the custody of the shelter or |
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agency, including: |
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(1) the total number of live animals for which the |
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shelter or agency has assumed custody, categorized by species and |
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age; |
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(2) the reason the shelter or agency assumed custody |
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of an animal, including whether the animal was: |
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(A) surrendered by the animal's owner; |
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(B) surrendered by the animal's owner and the |
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owner requested that the animal be euthanized; |
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(C) impounded as a stray animal or an animal at |
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large; |
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(D) confiscated; |
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(E) transferred to the shelter or agency from a |
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location in this state; |
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(F) transferred to the shelter or agency from a |
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location outside this state; or |
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(G) born in the shelter or under the care of the |
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agency; |
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(3) the number of animals at the shelter or agency on |
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the last day of each month, categorized by species and age; and |
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(4) the disposition of each animal in the custody of |
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the shelter or agency, categorized by species and age, including |
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whether the animal: |
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(A) was adopted; |
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(B) was reclaimed by the animal's owner; |
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(C) died in the shelter or under the care of the |
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agency; |
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(D) was transferred from the shelter or agency; |
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(E) was euthanized by the shelter or agency on a |
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decision of the shelter or agency; |
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(F) was euthanized at the owner's request; |
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(G) was returned to the field as part of a |
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sterilization program; or |
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(H) was lost or stolen while in the shelter's or |
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agency's custody. |
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(b) In the records required by Subsection (a), an animal |
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shelter or releasing agency must use: |
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(1) for species, the categories of dog, cat, or other; |
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and |
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(2) for age, the categories of up to five months or |
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adult. |
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(c) An animal shelter or releasing agency monthly shall |
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prepare the records required by Subsection (a). |
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(d) An animal shelter or releasing agency shall maintain |
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records prepared under Subsection (a) until at least the third |
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anniversary of the date the record was prepared. |
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(e) An animal shelter or releasing agency shall make the |
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records required by this section available to the public by: |
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(1) posting the records on the shelter's, |
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municipality's, or agency's Internet website; or |
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(2) for a shelter, municipality, or agency that does |
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not have an Internet website, making the records available for |
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inspection and copying in a form regularly maintained by the |
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shelter, municipality, or agency. |
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SECTION 7. The changes in law made by this Act apply only to |
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an animal placed at or disposed of by an animal shelter or releasing |
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agency or counted in the shelter's or agency's animal total on or |
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after the effective date of this Act. |
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SECTION 8. This Act takes effect September 1, 2023. |