| 1 | 1 | | H.B. No. 3004 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | AN ACT |
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| 5 | 5 | | relating to animal shelter standards; providing a civil penalty. |
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| 6 | 6 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 7 | 7 | | SECTION 1. Chapter 823, Health and Safety Code, is amended |
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| 8 | 8 | | by adding Sections 823.008 and 823.009 to read as follows: |
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| 9 | 9 | | Sec. 823.008. ENFORCEMENT BY COUNTY. (a) A county may |
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| 10 | 10 | | enforce this chapter. |
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| 11 | 11 | | (b) This section does not authorize a county to establish |
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| 12 | 12 | | standards for operating an animal shelter. |
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| 13 | 13 | | (c) A county may not enforce this chapter at an animal |
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| 14 | 14 | | shelter operated by a municipality. |
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| 15 | 15 | | Sec. 823.009. CIVIL PENALTY. (a) A person may not cause, |
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| 16 | 16 | | suffer, allow, or permit a violation of this chapter or a rule |
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| 17 | 17 | | adopted under this chapter. |
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| 18 | 18 | | (b) A person who violates this chapter or a rule adopted |
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| 19 | 19 | | under this chapter shall be assessed a civil penalty. A civil |
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| 20 | 20 | | penalty under this chapter may not be less than $100 or more than |
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| 21 | 21 | | $500 for each violation and for each day of a continuing violation. |
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| 22 | 22 | | This subsection does not apply at an animal shelter operated by a |
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| 23 | 23 | | municipality. |
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| 24 | 24 | | (c) If it appears that a person has violated, is violating, |
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| 25 | 25 | | or is threatening to violate this chapter or a rule adopted under |
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| 26 | 26 | | this chapter, the county or municipality in which the violation |
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| 27 | 27 | | occurs may institute a civil suit in district court for: |
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| 28 | 28 | | (1) injunctive relief to restrain the person from |
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| 29 | 29 | | continuing the violation or threat of violation; |
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| 30 | 30 | | (2) the assessment and recovery of the civil penalty; |
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| 31 | 31 | | or |
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| 32 | 32 | | (3) both injunctive relief and the civil penalty. |
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| 33 | 33 | | (d) A bond is not required in an action brought under this |
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| 34 | 34 | | section. |
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| 35 | 35 | | SECTION 2. The change in law made by this Act applies only |
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| 36 | 36 | | to conduct that occurs on or after the effective date of this Act. |
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| 37 | 37 | | Conduct that occurs before the effective date of this Act is |
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| 38 | 38 | | governed by the law in effect at the time the conduct occurred, and |
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| 39 | 39 | | the former law is continued in effect for that purpose. |
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| 40 | 40 | | SECTION 3. This Act takes effect immediately if it receives |
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| 41 | 41 | | a vote of two-thirds of all the members elected to each house, as |
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| 42 | 42 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 43 | 43 | | Act does not receive the vote necessary for immediate effect, this |
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| 44 | 44 | | Act takes effect September 1, 2009. |
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| 45 | 45 | | ______________________________ ______________________________ |
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| 46 | 46 | | President of the Senate Speaker of the House |
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| 47 | 47 | | I certify that H.B. No. 3004 was passed by the House on April |
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| 48 | 48 | | 24, 2009, by the following vote: Yeas 139, Nays 0, 1 present, not |
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| 49 | 49 | | voting; and that the House concurred in Senate amendments to H.B. |
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| 50 | 50 | | No. 3004 on May 25, 2009, by the following vote: Yeas 144, Nays 1, |
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| 51 | 51 | | 1 present, not voting. |
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| 52 | 52 | | ______________________________ |
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| 53 | 53 | | Chief Clerk of the House |
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| 54 | 54 | | I certify that H.B. No. 3004 was passed by the Senate, with |
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| 55 | 55 | | amendments, on May 22, 2009, by the following vote: Yeas 30, Nays |
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| 56 | 56 | | 0. |
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| 57 | 57 | | ______________________________ |
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| 58 | 58 | | Secretary of the Senate |
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| 59 | 59 | | APPROVED: __________________ |
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| 60 | 60 | | Date |
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| 61 | 61 | | __________________ |
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| 62 | 62 | | Governor |
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