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               A BILL TO BE ENTITLED
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               AN ACT
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            relating to informed consent obtained before a dog or cat may be  | 
         
         
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            boarded at a kennel and left unattended when employees are not  | 
         
         
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            present; creating a criminal offense. | 
         
         
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                   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | 
         
         
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                   SECTION 1.  Title 10, Health and Safety Code, is amended by  | 
         
         
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            adding Chapter 824 to read as follows: | 
         
         
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            CHAPTER 824. KENNELS | 
         
         
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                   Sec. 824.001.  DEFINITION.  In this chapter, "kennel" means  | 
         
         
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            a facility, including a veterinary medicine clinic, that provides  | 
         
         
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            boarding and related services to dogs or cats for breeding,  | 
         
         
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            sheltering, training, hunting, or similar purposes in exchange for  | 
         
         
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            compensation or other consideration. | 
         
         
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                   Sec. 824.002.  EXCEPTIONS TO APPLICABILITY OF CHAPTER.  This  | 
         
         
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            chapter does not apply to: | 
         
         
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                         (1)  an animal shelter as defined by Chapter 823; or | 
         
         
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                         (2)  a kennel that boards not more than three dogs or  | 
         
         
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            cats at any time. | 
         
         
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                   Sec. 824.003.  REQUIRED INFORMED CONSENT FOR BOARDING OR  | 
         
         
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            PROVIDING SERVICES TO DOG OR CAT WHEN EMPLOYEES ARE NOT PRESENT.  A  | 
         
         
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            kennel owner or operator who is boarding or providing services to a  | 
         
         
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            dog or cat at the kennel may not leave the dog or cat unattended  | 
         
         
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            without an employee present unless:  | 
         
         
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                         (1)  the kennel owner or operator provides written  | 
         
         
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            notice to the owner of the dog or cat that the dog or cat will be  | 
         
         
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            left unattended at the kennel without an employee present during  | 
         
         
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            the hours specified in the notice; and | 
         
         
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                         (2)  the owner of the dog or cat provides to the kennel  | 
         
         
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            owner or operator a signed document consenting to the dog or cat  | 
         
         
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            being left unattended as provided in the notice. | 
         
         
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                   Sec. 824.004.  CRIMINAL PENALTY.  (a)  A kennel owner or  | 
         
         
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            operator commits an offense if: | 
         
         
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                         (1)  the owner or operator violates Section 824.003;  | 
         
         
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            and | 
         
         
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                         (2)  a dog or cat boarded at or receiving services from  | 
         
         
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            the kennel is injured or dies when left unattended at the kennel. | 
         
         
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                   (b)  An offense under this section is a Class B misdemeanor. | 
         
         
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                   SECTION 2.  This Act takes effect September 1, 2023. |