H.B. No. 405
AN ACT
relating to the authority of an animal control officer to carry a
bite prevention stick in the performance of official duties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 46.15, Penal Code, is amended by adding
Subsection (g) to read as follows:
(g) The provisions of Sections 46.02 and 46.03 prohibiting
the possession or carrying of a club do not apply to an animal
control officer who holds a certificate issued under Section
829.006, Health and Safety Code, and who possesses or carries an
instrument used specifically for deterring the bite of an animal
while the officer is in the performance of official duties under the
Health and Safety Code or is traveling to or from a place of duty.
SECTION 2. Section 829.003(a), Health and Safety Code, is
amended to read as follows:
(a) The department shall prescribe the standards and
curriculum for basic and continuing education animal control
courses. The curriculum for both the basic and continuing
education courses must include the following topics:
(1) state laws governing animal control and protection
and animal cruelty;
(2) animal health and disease recognition, control,
and prevention;
(3) the humane care and treatment of animals;
(4) standards for care and control of animals in an
animal shelter;
(5) standards and procedures for the transportation of
animals;
(6) principles and procedures for capturing and
handling stray domestic animals and wildlife, including principles
and procedures to be followed with respect to an instrument used
specifically for deterring the bite of an animal;
(7) first aid for injured animals;
(8) the documentation of animal cruelty evidence and
courtroom procedures;
(9) animal shelter operations and administration;
(10) spaying and neutering, microchipping, and
adoption;
(11) communications and public relations;
(12) state and federal laws for possession of
controlled substances and other medications; and
(13) any other topics pertinent to animal control and
animal shelter personnel.
SECTION 3. Section 829.003(a), Health and Safety Code, as
amended by this Act, applies to the curriculum required for basic
and continuing education animal control courses offered under
Section 829.004, Health and Safety Code, on or after January 1,
2010.
SECTION 4. 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.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 405 was passed by the House on April
2, 2009, by the following vote: Yeas 146, Nays 0, 1 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 405 was passed by the Senate on May
21, 2009, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor