Texas 2009 - 81st Regular

Texas Senate Bill SB1845 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R7481 JSC-D
2	2	By: Van de Putte S.B. No. 1845
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the sterilization of dogs and cats; providing a
8	8	penalty.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. The heading to Chapter 828, Health and Safety
11	11	Code, is amended to read as follows:
12	12	CHAPTER 828. DOG AND CAT ADOPTION AND STERILIZATION
13	13	SECTION 2. Section 828.002, Health and Safety Code, is
14	14	amended to read as follows:
15	15	Sec. 828.002. REQUIREMENTS FOR ADOPTION. (a) Except as
16	16	provided by Subsections (b) and (c) [Section 828.013], a releasing
17	17	agency may not release a dog or cat for adoption unless the animal
18	18	has been sterilized [or the release is made to a new owner who signs
19	19	an agreement to have the animal sterilized].
20	20	(b) This section does not apply to an animal:
21	21	(1) that is less than six months old;
22	22	(2) for which a veterinarian has certified that the
23	23	animal should not be sterilized for health reasons; or
24	24	(3) that is a service animal.
25	25	(c) This section does not apply to an animal that is claimed
26	26	from a releasing agency by a person who already owns the animal if:
27	27	(1) the animal is exempt under Subsection (b);
28	28	(2) the animal is a purebred animal displayed at a
29	29	competitive exhibition to determine how well it physically conforms
30	30	to an established breed standard; or
31	31	(3) the owner holds a permit for the animal issued
32	32	under Section 830.003.
33	33	SECTION 3. Section 828.0035, Health and Safety Code, is
34	34	amended to read as follows:
35	35	Sec. 828.0035. STATE BOARD OF VETERINARY MEDICAL EXAMINERS.
36	36	The State Board of Veterinary Medical Examiners shall:
37	37	(1) develop information sheets regarding surgical or
38	38	nonsurgical sterilization to be distributed by a releasing agency
39	39	to a new owner; and
40	40	(2) adopt rules requiring a dog or cat [an animal] that
41	41	has been sterilized [under this chapter] to receive an
42	42	identification marker in a manner authorized by the board.
43	43	SECTION 4. Section 828.012(a), Health and Safety Code, is
44	44	amended to read as follows:
45	45	(a) Surgery or nonsurgical sterilization of a dog or cat
46	46	[performed in accordance with this chapter] must be performed by a
47	47	veterinarian or a full-time student of an accredited college of
48	48	veterinary medicine as provided by Chapter 801, Occupations Code.
49	49	SECTION 5. Title 10, Health and Safety Code, is amended by
50	50	adding Chapter 830 to read as follows:
51	51	CHAPTER 830. GENERAL RESPONSIBILITY OF DOG OR CAT OWNER TO
52	52	STERILIZE
53	53	Sec. 830.001. DEFINITIONS. In this chapter:
54	54	(1) "Sterilization" means the surgical removal of the
55	55	reproductive organs of a dog or cat or the use of nonsurgical
56	56	methods and technologies approved by the United States Food and
57	57	Drug Administration or the United States Department of Agriculture
58	58	to permanently render the animal unable to reproduce.
59	59	(2) "Veterinarian" means a person licensed to practice
60	60	veterinary medicine by the State Board of Veterinary Medical
61	61	Examiners.
62	62	Sec. 830.002. STERILIZATION REQUIRED. (a) Except as
63	63	provided by Subsection (b), a person who owns a dog or cat shall
64	64	have the animal sterilized.
65	65	(b) This section does not apply to an animal:
66	66	(1) that is less than six months old;
67	67	(2) for which a veterinarian has certified that the
68	68	animal should not be sterilized for health reasons;
69	69	(3) that is a service animal;
70	70	(4) that is a purebred animal displayed at a
71	71	competitive exhibition to determine how well it physically conforms
72	72	to an established breed standard; or
73	73	(5) for which the owner holds a permit issued under
74	74	Section 830.003.
75	75	Sec. 830.003. INTACT ANIMAL PERMIT. (a) A person must hold
76	76	an intact animal permit issued by the appropriate local animal
77	77	control authority for each dog or cat the person keeps unsterilized
78	78	for breeding purposes.
79	79	(b) An animal control authority shall charge a fee for the
80	80	issuance of a permit under this section in the amount of $300.
81	81	Sec. 830.004. CRIMINAL PENALTY. A person who violates
82	82	Section 830.002 commits a Class C misdemeanor. Each animal that a
83	83	person owns in violation of that section is a separate offense.
84	84	SECTION 6. Sections 828.003, 828.004, 828.005, 828.006,
85	85	828.007, 828.008, 828.009, 828.010, 828.013, and 828.015, Health
86	86	and Safety Code, are repealed.
87	87	SECTION 7. This Act takes effect September 1, 2009.