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A BILL TO BE ENTITLED
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AN ACT
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relating to requirements for the owner of a dog taken into custody |
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by an animal control authority; authorizing a civil penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 822, Health and Safety Code, is amended |
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by adding Subchapter F to read as follows: |
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SUBCHAPTER F. OWNER REQUIREMENTS FOR DOG TAKEN INTO CUSTODY BY |
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ANIMAL CONTROL AUTHORITY |
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Sec. 822.151. DEFINITIONS. In this subchapter: |
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(1) "Animal control authority" has the meaning |
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assigned by Section 822.001. |
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(2) "Core vaccine" means a combination vaccine that |
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protects a dog against distemper, hepatitis, parainfluenza, and |
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parvovirus. |
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(3) "Department" means the Department of State Health |
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Services. |
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(4) "Releasing agency," "sterilization," and |
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"veterinarian" have the meanings assigned by Section 828.001. |
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Sec. 822.152. APPLICABILITY. This subchapter does not |
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apply to the owner of a dog taken into custody by an animal control |
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authority if the dog: |
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(1) is younger than four months of age; |
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(2) qualifies as a service animal under the Americans |
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with Disabilities Act of 1990 (42 U.S.C. Section 12101 et seq.); |
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(3) is a purebred dog and is used exclusively for |
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competitions that judge dogs based on a dog's conformity to an |
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established breed standard; |
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(4) is a dog for which a veterinarian in writing |
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certifies the dog should not be microchipped, vaccinated, or |
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sterilized for health reasons; or |
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(5) is owned by a dog breeder licensed under Chapter |
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802, Occupations Code, except as provided by Section 822.157. |
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Sec. 822.153. ANIMAL CONTROL AUTHORITY REQUIREMENTS. An |
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animal control authority that takes a dog into custody shall as soon |
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as practicable: |
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(1) locate the dog's owner; |
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(2) provide written notice to the dog's owner in |
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accordance with Section 822.154; and |
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(3) deliver the dog to a releasing agency. |
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Sec. 822.154. NOTICE REQUIREMENTS. The written notice |
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required under Section 822.153 must: |
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(1) instruct the dog's owner to comply with the |
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requirements of this subchapter; and |
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(2) inform the dog's owner that the owner: |
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(A) may be liable for a civil penalty in |
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accordance with Section 822.158; and |
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(B) may incur additional liability and an |
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increased civil penalty amount if the dog is subsequently taken |
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into custody. |
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Sec. 822.155. OWNER REQUIREMENTS FOR DOG INITIALLY TAKEN |
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INTO CUSTODY. (a) Not later than the 30th day after the date of |
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receiving the notice required by Section 822.153, the owner of a dog |
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initially taken into custody shall provide the animal control |
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authority with evidence the dog was microchipped and vaccinated |
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with a core vaccine. |
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(b) If the date described by Subsection (a) falls on a |
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Saturday, Sunday, or legal holiday, the deadline is extended to the |
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first day after the date that is not a Saturday, Sunday, or legal |
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holiday. |
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Sec. 822.156. OWNER REQUIREMENTS FOR DOG TAKEN INTO CUSTODY |
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FOR SECOND TIME. (a) Not later than the 60th day after the date of |
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receiving the notice required by Section 822.153, the owner of a dog |
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taken into custody for a second time by an animal control authority |
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shall provide the authority with a letter confirming the dog's |
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sterilization and signed by the veterinarian who performed the |
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sterilization. |
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(b) If the date described by Subsection (a) falls on a |
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Saturday, Sunday, or legal holiday, the deadline is extended to the |
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first day after the date that is not a Saturday, Sunday, or legal |
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holiday. |
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Sec. 822.157. REQUIRED STERILIZATION OF DOG OWNED BY DOG |
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BREEDER. Notwithstanding Section 822.152(5), a dog breeder |
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licensed under Chapter 802, Occupations Code, is subject to |
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Sections 822.156 and 822.158 if the breeder's dog is taken into |
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custody more than two times by an animal control authority. |
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Sec. 822.158. CIVIL PENALTY. (a) A person who violates |
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Section 822.155 is liable for a civil penalty of $250. |
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(b) A person who violates Section 822.156 is liable for a |
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civil penalty of $750. |
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(c) The attorney general or the appropriate district or |
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county attorney may: |
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(1) bring an action on behalf of this state to collect |
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the civil penalty under this section; and |
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(2) recover attorney's fees and costs incurred in |
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bringing the action. |
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Sec. 822.159. STERILIZATION REQUIREMENTS. Chapter 828 |
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applies to the sterilization of a dog under Section 822.156. |
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Sec. 822.160. MICROCHIP FEE. A person may not charge the |
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owner of a dog a fee in an amount that exceeds $50 to microchip a dog |
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under Section 822.155. |
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Sec. 822.161. LETTER CONCERNING DOG'S DEATH. If a dog dies |
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on or before the applicable compliance date required under Section |
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822.155 or 822.156, the owner shall deliver to the releasing agency |
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a letter that meets the requirements of Section 828.006. |
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SECTION 2. This Act takes effect September 1, 2025. |