1 | 1 | | H.B. No. 405 |
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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 the authority of an animal control officer to carry a |
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6 | 6 | | bite prevention stick in the performance of official duties. |
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7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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8 | 8 | | SECTION 1. Section 46.15, Penal Code, is amended by adding |
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9 | 9 | | Subsection (g) to read as follows: |
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10 | 10 | | (g) The provisions of Sections 46.02 and 46.03 prohibiting |
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11 | 11 | | the possession or carrying of a club do not apply to an animal |
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12 | 12 | | control officer who holds a certificate issued under Section |
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13 | 13 | | 829.006, Health and Safety Code, and who possesses or carries an |
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14 | 14 | | instrument used specifically for deterring the bite of an animal |
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15 | 15 | | while the officer is in the performance of official duties under the |
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16 | 16 | | Health and Safety Code or is traveling to or from a place of duty. |
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17 | 17 | | SECTION 2. Section 829.003(a), Health and Safety Code, is |
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18 | 18 | | amended to read as follows: |
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19 | 19 | | (a) The department shall prescribe the standards and |
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20 | 20 | | curriculum for basic and continuing education animal control |
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21 | 21 | | courses. The curriculum for both the basic and continuing |
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22 | 22 | | education courses must include the following topics: |
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23 | 23 | | (1) state laws governing animal control and protection |
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24 | 24 | | and animal cruelty; |
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25 | 25 | | (2) animal health and disease recognition, control, |
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26 | 26 | | and prevention; |
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27 | 27 | | (3) the humane care and treatment of animals; |
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28 | 28 | | (4) standards for care and control of animals in an |
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29 | 29 | | animal shelter; |
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30 | 30 | | (5) standards and procedures for the transportation of |
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31 | 31 | | animals; |
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32 | 32 | | (6) principles and procedures for capturing and |
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33 | 33 | | handling stray domestic animals and wildlife, including principles |
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34 | 34 | | and procedures to be followed with respect to an instrument used |
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35 | 35 | | specifically for deterring the bite of an animal; |
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36 | 36 | | (7) first aid for injured animals; |
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37 | 37 | | (8) the documentation of animal cruelty evidence and |
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38 | 38 | | courtroom procedures; |
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39 | 39 | | (9) animal shelter operations and administration; |
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40 | 40 | | (10) spaying and neutering, microchipping, and |
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41 | 41 | | adoption; |
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42 | 42 | | (11) communications and public relations; |
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43 | 43 | | (12) state and federal laws for possession of |
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44 | 44 | | controlled substances and other medications; and |
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45 | 45 | | (13) any other topics pertinent to animal control and |
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46 | 46 | | animal shelter personnel. |
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47 | 47 | | SECTION 3. Section 829.003(a), Health and Safety Code, as |
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48 | 48 | | amended by this Act, applies to the curriculum required for basic |
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49 | 49 | | and continuing education animal control courses offered under |
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50 | 50 | | Section 829.004, Health and Safety Code, on or after January 1, |
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51 | 51 | | 2010. |
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52 | 52 | | SECTION 4. This Act takes effect immediately if it receives |
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53 | 53 | | a vote of two-thirds of all the members elected to each house, as |
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54 | 54 | | provided by Section 39, Article III, Texas Constitution. If this |
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55 | 55 | | Act does not receive the vote necessary for immediate effect, this |
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56 | 56 | | Act takes effect September 1, 2009. |
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57 | 57 | | ______________________________ ______________________________ |
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58 | 58 | | President of the Senate Speaker of the House |
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59 | 59 | | I certify that H.B. No. 405 was passed by the House on April |
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60 | 60 | | 2, 2009, by the following vote: Yeas 146, Nays 0, 1 present, not |
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61 | 61 | | voting. |
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62 | 62 | | ______________________________ |
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63 | 63 | | Chief Clerk of the House |
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64 | 64 | | I certify that H.B. No. 405 was passed by the Senate on May |
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65 | 65 | | 21, 2009, by the following vote: Yeas 31, Nays 0. |
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66 | 66 | | ______________________________ |
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67 | 67 | | Secretary of the Senate |
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68 | 68 | | APPROVED: _____________________ |
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69 | 69 | | Date |
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70 | 70 | | _____________________ |
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71 | 71 | | Governor |
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