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A BILL TO BE ENTITLED
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AN ACT
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relating to the required sterilization of adult animals seized and |
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placed in the custody of a releasing agency more than once. |
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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 828A to read as follows: |
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CHAPTER 828A. REQUIRED STERILIZATION OF CERTAIN ADULT ANIMALS |
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Sec. 828A.001. DEFINITIONS. In this chapter: |
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(1) "Adult animal" means a dog or cat six months of age |
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or older. |
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(2) "Releasing agency," "sterilization," and |
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"veterinarian" have the meanings assigned by Section 828.001. |
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Sec. 828A.002. NOTICE TO OWNER OF ADULT ANIMAL SEIZED AND |
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PLACED IN CUSTODY OF RELEASING AGENCY. (a) This section applies to |
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an unsterilized adult animal that was seized while running at large |
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and placed in the custody of a releasing agency. |
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(b) Not later than the 30th day after the date a releasing |
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agency releases an adult animal described by Subsection (a) to the |
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animal's owner, the releasing agency shall provide to the owner |
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written notice that: |
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(1) if the animal is again seized while running at |
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large and placed in the custody of the releasing agency, state law |
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requires the owner to have the animal sterilized by a veterinarian; |
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or |
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(2) if the animal was previously seized while running |
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at large and placed in the custody of the releasing agency, state |
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law requires the owner to have the animal sterilized by a |
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veterinarian not later than the 60th day after the date the notice |
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is provided unless an exemption under Section 828A.003 applies. |
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Sec. 828A.003. REQUIRED STERILIZATION OF CERTAIN ANIMALS; |
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EXEMPTIONS. (a) Except as provided by Subsection (c), not later |
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than the 60th day after the date a releasing agency provides the |
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notice required under Section 828A.002(b)(2) to the owner of an |
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unsterilized adult animal, the owner shall: |
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(1) have the animal sterilized by a veterinarian; and |
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(2) submit to the releasing agency a form provided by |
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the releasing agency and signed by the veterinarian who performed |
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the sterilization verifying the animal's sterilization. |
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(b) Except as provided by Subsection (c), if an unsterilized |
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adult animal is seized while running at large and placed in the |
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custody of a releasing agency a third time, the releasing agency may |
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not release the animal to the animal's owner until: |
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(1) a veterinarian employed or contracted by the |
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releasing agency sterilizes the animal; and |
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(2) the owner of the animal reimburses the releasing |
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agency for the costs associated with the sterilization. |
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(c) An unsterilized adult animal's owner is exempt from the |
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requirement of having the animal sterilized under Subsection (a) or |
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(b) if: |
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(1) the animal is registered with a national registry |
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as a sporting dog, livestock dog, or working dog; |
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(2) the owner is a member of a national breed club, |
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local breed club, local all-breed club, sporting club, or hunting |
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club; |
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(3) the animal was running at large at the time it was |
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seized due to a fire, weather emergency, or criminal or negligent |
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act of a third party who was not residing at the owner's residence |
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at the time of the act; or |
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(4) the releasing agency did not provide to the owner |
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the notice required under Section 828A.002(b)(1). |
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Sec. 828A.004. EFFECT OF CHAPTER ON OTHER LAW. This chapter |
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preempts an ordinance, order, or regulation relating to the |
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sterilization of an adult animal unless the ordinance, order, or |
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regulation: |
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(1) is compatible with and at least as stringent as |
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this chapter; or |
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(2) relates to an issue not specifically addressed by |
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this chapter. |
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SECTION 2. The first time an adult animal is seized while |
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running at large and placed in the custody of a releasing agency on |
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or after the effective date of this Act is considered the first |
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seizure and placement of the animal with that agency for purposes of |
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Chapter 828A, Health and Safety Code, as added by this Act, |
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regardless of the number of times the animal was seized and placed |
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in the custody of the releasing agency preceding the effective date |
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of this Act. |
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SECTION 3. This Act takes effect September 1, 2023. |