By: Coleman (Senate Sponsor - Jackson) H.B. No. 3004
(In the Senate - Received from the House April 27, 2009;
April 27, 2009, read first time and referred to Committee on
Intergovernmental Relations; May 18, 2009, reported adversely,
with favorable Committee Substitute by the following vote: Yeas 5,
Nays 0; May 18, 2009, sent to printer.)
COMMITTEE SUBSTITUTE FOR H.B. No. 3004 By: Gallegos
A BILL TO BE ENTITLED
AN ACT
relating to animal shelter standards; providing a civil penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 823, Health and Safety Code, is amended
by adding Sections 823.008 and 823.009 to read as follows:
Sec. 823.008. ENFORCEMENT BY COUNTY. (a) A county may
enforce this chapter.
(b) This section does not authorize a county to establish
standards for operating an animal shelter.
(c) A county may not enforce this chapter at an animal
shelter operated by a municipality.
Sec. 823.009. CIVIL PENALTY. (a) A person may not cause,
suffer, allow, or permit a violation of this chapter or a rule
adopted under this chapter.
(b) A person who violates this chapter or a rule adopted
under this chapter shall be assessed a civil penalty. A civil
penalty under this chapter may not be less than $100 or more than
$500 for each violation and for each day of a continuing violation.
This subsection does not apply at an animal shelter operated by a
municipality.
(c) If it appears that a person has violated, is violating,
or is threatening to violate this chapter or a rule adopted under
this chapter, the county or municipality in which the violation
occurs may institute a civil suit in district court for:
(1) injunctive relief to restrain the person from
continuing the violation or threat of violation;
(2) the assessment and recovery of the civil penalty;
or
(3) both injunctive relief and the civil penalty.
(d) A bond is not required in an action brought under this
section.
SECTION 2. The change in law made by this Act applies only
to conduct that occurs on or after the effective date of this Act.
Conduct that occurs before the effective date of this Act is
governed by the law in effect at the time the conduct occurred, and
the former law is continued in effect for that purpose.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.
* * * * *