83R8698 AED-F
By: Rodriguez of Travis H.B. No. 2981
A BILL TO BE ENTITLED
AN ACT
relating to the procedures and duties of animal shelters and rescue
organizations; providing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act may be cited as the Tax Saving Pet
Adoption, Sterilization, and Transfer Act of 2013.
SECTION 2. It is the intent of this state to reduce the
amount of local tax money spent by local governments by fostering
partnerships between animal shelters and rescue organizations and
to reduce the number of animals euthanized. To accomplish these
purposes, this state finds and declares that:
(1) the amount of local tax money spent to provide
shelter to animals is reduced by transferring as soon as possible
animals housed at governmental animal sheltering agencies to rescue
organizations or private animal sheltering organizations and that
the reduction in tax money spent is a legitimate and compelling
public interest;
(2) an animal shelter should be prohibited from
refusing to adopt or transfer an animal based solely on animal
characteristics such as age, appearance, size, or breed; and
(3) governmental animal sheltering agencies and
private animal sheltering organizations can together promote pet
adoption, promote pet sterilization, and reduce the number of
animals euthanized.
SECTION 3. The heading to Chapter 823, Health and Safety
Code, is amended to read as follows:
CHAPTER 823. ANIMAL SHELTERS AND RESCUE ORGANIZATIONS
SECTION 4. Section 823.001, Health and Safety Code, is
amended to read as follows:
Sec. 823.001. DEFINITIONS. In this chapter:
(1) "Animal" means a domestic dog, Canis lupus
familiaris, or a domestic cat, Felis catus.
(2) "Animal shelter" means a facility that keeps or
legally impounds stray, homeless, abandoned, or unwanted animals.
The term includes a governmental animal sheltering agency and a
private animal sheltering organization. The term does not include a
rescue organization.
(3) "Business day" means any day an animal shelter is
open to the public for animal reclaims.
[(2) "Board" means the Texas Board of Health.
[(3) "Commissioner" means the commissioner of
health.]
(4) "Department" means the [Texas] Department of State
Health Services.
(5) "Executive commissioner" means the executive
commissioner of the Health and Human Services Commission.
(6) "Governmental animal sheltering agency" means:
(A) a municipal or county animal control shelter;
or
(B) a private animal shelter, society for the
prevention of cruelty to animals, humane society, individual, or
group that contracts with and receives money from a municipality or
county to accept and house stray, abandoned, or owner-relinquished
animals.
(7) "Hold period" means the time a governmental animal
sheltering agency is required by state law, municipal ordinance, or
county order to hold an animal before the animal is adopted or
euthanized.
(8) "Irremediably suffering animal" means an animal
that:
(A) has a medical condition with a poor prognosis
for life without the animal experiencing severe and unremitting
pain despite veterinary care; or
(B) is in severe pain caused by an injury or
severe respiratory distress, and the animal shelter's lack of
resources limits the veterinary care readily available to the
animal.
(9) "Private animal sheltering organization" means an
animal shelter, society for the prevention of cruelty to animals,
humane society, or animal adoption group that:
(A) qualifies as a charitable organization under
Section 501(c)(3), Internal Revenue Code of 1986;
(B) accepts animals into a physical facility
other than a private residence;
(C) places into new homes stray, abandoned, or
owner-relinquished animals, including animals that have been
transferred from a governmental or other private animal sheltering
organization; and
(D) does not receive municipal, county, or state
funding and has not contracted with a municipality, a county, or
this state to accept and house stray, abandoned, or
owner-relinquished animals.
(10) "Rescue organization" means an organization
that:
(A) has been in operation for at least one year,
with a primary stated purpose of animal adoption, animal rescue, or
sterilization of animals;
(B) qualifies as a charitable organization under
Section 501(c)(3), Internal Revenue Code of 1986; and
(C) is described by Section 170(b)(1)(A)(vi),
Internal Revenue Code of 1986.
(11) "Unweaned animal" means any neonatal animal
younger than four weeks of age that, in the absence of the animal's
mother, requires supplemental bottle-feeding by humans to survive.
SECTION 5. Chapter 823, Health and Safety Code, is amended
by adding Section 823.0021 to read as follows:
Sec. 823.0021. APPLICABILITY TO CERTAIN ANIMALS. Sections
823.004(a) and (c) and Section 823.0042 do not apply to:
(1) an irremediably suffering animal;
(2) a dangerous dog, as defined by Section 822.041 or
as determined by an applicable city or county ordinance; or
(3) a dog with a documented history of unprovoked
biting that caused severe physical injury to an individual and that
was not:
(A) a response to taunting;
(B) a defense to attack;
(C) in defense of a person;
(D) a response attributable to maternal
instinct, hunger, pain, or fear; or
(E) an accident.
SECTION 6. The heading to Section 823.003, Health and
Safety Code, is amended to read as follows:
Sec. 823.003. STANDARDS FOR ANIMAL SHELTERS AND RESCUE
ORGANIZATIONS; CRIMINAL PENALTY.
SECTION 7. Section 823.003, Health and Safety Code, is
amended by amending Subsections (b), (c), and (e) and adding
Subsections (c-1) and (e-1) to read as follows:
(b) Except as otherwise provided by this subsection, an [An]
animal shelter shall house and separate animals in its custody at
all times by species and gender. An animal shelter may:
(1) house together same-species animals that:
(A) are spayed or neutered;
(B) are nursing; or
(C) are younger than three months of age; and
(2) allow same-species animals to be placed together
in a supervised, designated exercise area[, by sex (if known), and
if the animals are not related to one another, by size].
(c) An animal shelter may not confine healthy animals with
sick, injured, or diseased animals without the approval of a
veterinarian licensed by this state to practice veterinary
medicine.
(c-1) An animal shelter may not refuse to adopt or transfer
a dog or cat based solely on the animal's age, breed, type, breed
mix, appearance, or size.
(e) A governmental animal sheltering agency shall keep and
maintain on its premises [The board may require each person
operating an animal shelter to keep] records of the date and
disposition of animals in its custody and make the records
available for inspection at reasonable times on request [, to
maintain the records on the business premises of the animal
shelter, and to make the records available for inspection at
reasonable times].
(e-1) A rescue organization shall house and separate
unsterilized animals four months of age or older in its custody by
species and gender. A rescue organization may not house a healthy
animal with an animal that has a communicable disease.
SECTION 8. Chapter 823, Health and Safety Code, is amended
by adding Sections 823.004, 823.0041, 823.0042, 823.0043,
823.0044, 823.0045, and 823.0046 to read as follows:
Sec. 823.004. TRANSFER OF ANIMALS. (a) A governmental
animal sheltering agency may, in its discretion, transfer an animal
that does not have a microchip or tag identification to a rescue
organization or a private animal sheltering organization
immediately after impound. During the hold period, the animal
shelter transferring the animal shall post in a conspicuous
location readily visible to persons entering the facility and on
the animal shelter's Internet website:
(1) a description and photo of the animal; and
(2) the contact information of the organization that
has possession of the animal.
(b) If a transferred animal's owner is identified before
expiration of the governmental animal sheltering agency's hold
period and the owner wishes to reclaim the animal, the rescue
organization or private animal sheltering organization shall
return the animal to the agency within 24 hours of the time the
organization is notified of the owner's wishes. The owner is
responsible for all costs incurred by the agency related to the
animal.
(c) During the hold period, the animal shelter or rescue
organization in possession of the animal is considered the owner of
the animal for purposes of Section 801.004, Occupations Code.
(d) A private animal sheltering organization or rescue
organization that accepts an animal during the animal's hold period
may not transfer the animal to another organization or allow the
adoption of the animal before the hold period expires.
(e) A governmental animal sheltering agency may at any time
transfer an animal surrendered by the animal's owner to a rescue
organization or private animal sheltering organization.
Sec. 823.0041. NOTIFICATION REGARDING AND TRANSFER OF
UNWEANED ANIMALS. (a) An animal shelter shall immediately notify,
in person or by e-mail, or by posting notice on the organization's
Internet website or in a designated prominent public place, any
rescue organizations and other animal shelters that have expressed
by written notice a willingness and ability to care for unweaned
animals if the animal shelter:
(1) impounds an unweaned animal without its mother;
(2) lacks the resources to provide necessary or
essential feedings to the unweaned animal; and
(3) is unable to make an adoption or pet foster care
placement for the unweaned animal.
(b) An animal shelter shall provide any rescue organization
or other animal shelter notified under Subsection (a) with at least
eight hours after the time of notification to take possession of the
unweaned animal.
Sec. 823.0042. EUTHANASIA PROCEDURES; TRANSFER REFUSAL;
CRIMINAL PENALTY. (a) At least one business day before the date an
animal is scheduled to be euthanized by an animal shelter, the
animal shelter shall:
(1) notify any rescue organizations and private animal
sheltering organizations that have requested notification of any
scheduled euthanasia; or
(2) post a list of the animals to be euthanized, with
descriptions and photos, in a designated prominent public place or
on an Internet website that can be accessed by rescue organizations
and private animal sheltering organizations.
(b) An animal shelter may not euthanize an animal within 24
hours of the time the notification or posting required by
Subsection (a) occurs. If, within 24 hours of the notification or
posting, a rescue organization or private animal sheltering
organization does not respond in writing or orally that the
organization will take the animal, the animal shelter may euthanize
the animal.
(c) Before the scheduled euthanasia, a rescue organization
or private animal sheltering organization that intends to take
possession of an animal scheduled for euthanasia may notify the
animal shelter that has possession of the animal of that intention
using reasonable commercial means or in person. If the transfer of
possession is scheduled to take place after the animal shelter's
hold period expires, the transfer must take place within 24 hours of
the time the animal shelter receives notification of the
organization's intention. If the transfer does not take place
within 24 hours of the time the animal shelter receives
notification of the organization's intention, the animal shelter
may euthanize the animal.
(d) The animal shelter possessing the animal scheduled to be
euthanized may make an adoption placement of the animal during the
waiting period required by Subsection (b).
(e) The animal shelter may:
(1) charge a fee not to exceed the animal shelter's
standard adoption fee for each animal released to a rescue
organization or private animal sheltering organization; and
(2) establish the same requirements for the animal
that are used for public adoptions.
(f) An animal shelter shall transfer an animal scheduled to
be euthanized to a rescue organization or private animal sheltering
organization that requests transfer of the animal under this
section, subject to the express limitations of this chapter or
other law.
(g) Notwithstanding Subsection (f), an animal shelter may
refuse to transfer an animal to a rescue organization or other
animal shelter if:
(1) any of the rescue organization's or other animal
shelter's current directors, officers, staff, or volunteers have
been convicted of, have charges pending for, or have received a
citation for an offense involving animal cruelty or neglect or a
public health nuisance;
(2) the rescue organization or other animal shelter is
constrained by a court order that prevents the organization or
shelter from accepting or housing animals;
(3) a governmental law enforcement agency is
conducting an active and ongoing investigation into the rescue
organization or other animal shelter; or
(4) the rescue organization fails to provide:
(A) copies of veterinary records requested under
Section 823.0044(1) indicating that the organization sterilizes
animals in its care unless a veterinarian certifies in writing that
an animal should not be sterilized because of age or a medical
condition; or
(B) letters of recommendation requested under
Section 823.0044(2).
(h) A rescue organization or animal shelter shall disclose
to an animal shelter seeking to transfer an animal to the
organization or shelter any applicable conviction, charge,
citation, or legal impediment described in Subsection (g).
(i) A person commits an offense if a person substantially
violates this section. An offense under this subsection is a Class C
misdemeanor.
(j) Notwithstanding any other provision of this section, in
the case of a mass seizure of animals by law enforcement, euthanasia
of animals may occur within 24 hours of the time the notification or
posting required by Subsection (a) occurs.
Sec. 823.0043. INFORMATION REGARDING TRANSFERRED ANIMALS.
An animal shelter may require not more frequently than monthly that
a rescue organization or private animal sheltering organization
provide information, orally, electronically, or in writing,
regarding:
(1) the number of animals the organization has
received; and
(2) of the number described in Subdivision (1), the
number of animals that were adopted, died, were transferred to
another organization, were euthanized, or are still under the
organization's care.
Sec. 823.0044. REQUIREMENTS FOR RESCUE ORGANIZATIONS. A
rescue organization shall:
(1) retain in its files and provide on request of an
animal shelter a copy of records regarding the veterinary
examinations and treatments, including animal sterilization, of
each animal housed by the organization;
(2) provide on request of an animal shelter letters of
recommendation from two other animal shelters;
(3) provide quarterly, on request of the animal
shelter, the names and addresses of the directors, officers, or
volunteers of the rescue organization; and
(4) in accordance with state law, sterilize,
microchip, and vaccinate an animal four months of age or older
before the adoption or release of the animal to another
organization or person.
Sec. 823.0045. TRANSFER OF ANIMAL BY ANIMAL SHELTER; SITE
VISITATION. (a) If an animal shelter reasonably suspects that the
placement of an animal with a rescue organization or private animal
sheltering organization will expose the animal to neglect or
cruelty, the animal shelter may condition the release of the animal
on the completion of a site visitation of the organization by a
municipal or county agent as provided by Subsection (e).
(b) The reasonable suspicion may not be based solely on an
anonymous complaint unless the complaint is made by a relative of
the owner of the organization.
(c) The animal shelter, on request, shall disclose to the
rescue organization or private animal sheltering organization all
information related to the shelter's decision to require a site
visitation under Subsection (a), except the identity of a person
who submitted a complaint.
(d) If the rescue organization or private animal sheltering
organization agrees to a site visitation, the visit must be
conducted within 48 hours of the time the organization agrees to the
visit. If the visit is not conducted within 48 hours, the animal
shelter's right to a site visitation is waived. If the rescue
organization or private animal sheltering organization refuses a
site visitation, the animal shelter may decline to place the animal
with the organization.
(e) The municipal or county employee who is responsible for
and oversees zoning and health code enforcement in the municipality
or county shall conduct a site visitation required under this
section.
(f) The animal shelter within 24 hours of the completion of
the site visitation shall notify the rescue organization or private
animal sheltering organization of the results of the site
visitation and whether the shelter will release the animal to the
organization. If the site visitation documents significant
violations, the animal shelter must include with the notification a
list of the deficiencies that prohibit the release of an animal to
the organization.
(g) If the site visitation results in the filing of criminal
neglect or cruelty to animals charges, the site visitation
constitutes a failed inspection.
Sec. 823.0046. LIMITED LIABILITY. An animal shelter that
complies with the requirements of this chapter is not civilly or
criminally liable for an adoption or transfer conducted in
accordance with this chapter.
SECTION 9. (a) The change in law made by this Act applies
only to conduct that occurs on or after the effective date of this
Act. Conduct that occurs before the effective date of this Act is
governed by the law in effect at the time the conduct occurred, and
the former law is continued in effect for that purpose.
(b) The change in law made by this Act applies only to an
offense committed on or after the effective date of this Act. An
offense committed before the effective date of this Act is covered
by the law in effect when the offense was committed. For purposes
of this subsection, an offense was committed before the effective
date of this Act if any element of the offense occurred before that
date.
SECTION 10. This Act takes effect September 1, 2013.