81R7481 JSC-D
By: Van de Putte S.B. No. 1845
A BILL TO BE ENTITLED
AN ACT
relating to the sterilization of dogs and cats; providing a
penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Chapter 828, Health and Safety
Code, is amended to read as follows:
CHAPTER 828. DOG AND CAT ADOPTION AND STERILIZATION
SECTION 2. Section 828.002, Health and Safety Code, is
amended to read as follows:
Sec. 828.002. REQUIREMENTS FOR ADOPTION. (a) Except as
provided by Subsections (b) and (c) [Section 828.013], a releasing
agency may not release a dog or cat for adoption unless the animal
has been sterilized [or the release is made to a new owner who signs
an agreement to have the animal sterilized].
(b) This section does not apply to an animal:
(1) that is less than six months old;
(2) for which a veterinarian has certified that the
animal should not be sterilized for health reasons; or
(3) that is a service animal.
(c) This section does not apply to an animal that is claimed
from a releasing agency by a person who already owns the animal if:
(1) the animal is exempt under Subsection (b);
(2) the animal is a purebred animal displayed at a
competitive exhibition to determine how well it physically conforms
to an established breed standard; or
(3) the owner holds a permit for the animal issued
under Section 830.003.
SECTION 3. Section 828.0035, Health and Safety Code, is
amended to read as follows:
Sec. 828.0035. STATE BOARD OF VETERINARY MEDICAL EXAMINERS.
The State Board of Veterinary Medical Examiners shall:
(1) develop information sheets regarding surgical or
nonsurgical sterilization to be distributed by a releasing agency
to a new owner; and
(2) adopt rules requiring a dog or cat [an animal] that
has been sterilized [under this chapter] to receive an
identification marker in a manner authorized by the board.
SECTION 4. Section 828.012(a), Health and Safety Code, is
amended to read as follows:
(a) Surgery or nonsurgical sterilization of a dog or cat
[performed in accordance with this chapter] must be performed by a
veterinarian or a full-time student of an accredited college of
veterinary medicine as provided by Chapter 801, Occupations Code.
SECTION 5. Title 10, Health and Safety Code, is amended by
adding Chapter 830 to read as follows:
CHAPTER 830. GENERAL RESPONSIBILITY OF DOG OR CAT OWNER TO
STERILIZE
Sec. 830.001. DEFINITIONS. In this chapter:
(1) "Sterilization" means the surgical removal of the
reproductive organs of a dog or cat or the use of nonsurgical
methods and technologies approved by the United States Food and
Drug Administration or the United States Department of Agriculture
to permanently render the animal unable to reproduce.
(2) "Veterinarian" means a person licensed to practice
veterinary medicine by the State Board of Veterinary Medical
Examiners.
Sec. 830.002. STERILIZATION REQUIRED. (a) Except as
provided by Subsection (b), a person who owns a dog or cat shall
have the animal sterilized.
(b) This section does not apply to an animal:
(1) that is less than six months old;
(2) for which a veterinarian has certified that the
animal should not be sterilized for health reasons;
(3) that is a service animal;
(4) that is a purebred animal displayed at a
competitive exhibition to determine how well it physically conforms
to an established breed standard; or
(5) for which the owner holds a permit issued under
Section 830.003.
Sec. 830.003. INTACT ANIMAL PERMIT. (a) A person must hold
an intact animal permit issued by the appropriate local animal
control authority for each dog or cat the person keeps unsterilized
for breeding purposes.
(b) An animal control authority shall charge a fee for the
issuance of a permit under this section in the amount of $300.
Sec. 830.004. CRIMINAL PENALTY. A person who violates
Section 830.002 commits a Class C misdemeanor. Each animal that a
person owns in violation of that section is a separate offense.
SECTION 6. Sections 828.003, 828.004, 828.005, 828.006,
828.007, 828.008, 828.009, 828.010, 828.013, and 828.015, Health
and Safety Code, are repealed.
SECTION 7. This Act takes effect September 1, 2009.