82R9736 JSC-D
By: Madden H.B. No. 2733
A BILL TO BE ENTITLED
AN ACT
relating to the euthanasia of animals.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. (a) The Health and Human Services Commission, in
conjunction with the Department of Public Safety, shall conduct a
study regarding the euthanasia of animals in this state.
(b) The study shall address:
(1) strategies for minimizing the pain and suffering
of animals;
(2) alternatives to euthanasia and strategies for
promoting pet adoption;
(3) methods of euthanasia appropriate for livestock
and nonlivestock animals;
(4) methods for improving the cost-effectiveness and
efficiency of animal shelters in this state, including reexamining
the desired scope of practice for staff of animal shelters who are
not veterinarians;
(5) maximizing access to appropriate drugs and
controlled substances for euthanizing animals while minimizing the
potential for substance abuse; and
(6) any state or federal laws that may conflict with a
proposed course of action determined to be beneficial by the study
and suggestions for how to resolve the conflict.
(c) Based on the study conducted under this section, the
Health and Human Services Commission and the Department of Public
Safety shall adopt rules and implement programs to improve
practices in this state relating to euthanasia of animals.
(d) The Health and Human Services Commission and the
Department of Public Safety shall jointly submit a report
concerning the study to the legislature including, if applicable,
recommendations for future legislation, not later than January 1,
2013.
SECTION 2. Section 481.111(b), Health and Safety Code, is
amended to read as follows:
(b) The provisions of this chapter relating to the
possession of denatured sodium pentobarbital, acepromazine, or
xylazine do not apply to possession by personnel of a humane society
or an animal control agency for the purpose of destroying injured,
sick, homeless, or unwanted animals if the humane society or animal
control agency is registered with the Federal Drug Enforcement
Administration. The provisions of this chapter relating to the
distribution of denatured sodium pentobarbital, acepromazine, or
xylazine do not apply to a person registered as required by
Subchapter C, who is distributing the substance for that purpose to
a humane society or an animal control agency registered with the
Federal Drug Enforcement Administration.
SECTION 3. Section 821.052, Health and Safety Code, is
amended by adding Subsection (a-1) to read as follows:
(a-1) A person euthanizing a dog or cat under Subsection (a)
may administer the following substances in addition to sodium
pentobarbital or commercially compressed carbon monoxide:
(1) acepromazine; or
(2) xylazine.
SECTION 4. An offense under Subchapter D, Chapter 481,
Health and Safety Code, involving the possession or distribution of
acepromazine or xylazine as authorized by Section 481.111, Health
and Safety Code, as amended by this Act, may not be prosecuted after
the effective date of this Act. If on the effective date of this Act
a criminal action is pending for an offense under Subchapter D
involving the possession or distribution of acepromazine or
xylazine as authorized by Section 481.111, Health and Safety Code,
as amended by this Act, the action is dismissed on that date.
However, a final conviction for an offense under Subchapter D
involving the possession or distribution of acepromazine or
xylazine that exists on the effective date of this Act is unaffected
by this Act.
SECTION 5. This Act takes effect September 1, 2011.