Texas 2013 - 83rd Regular

Texas House Bill HB2981 Compare Versions

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1	1	83R16848 AED-D
2	2	By: Rodriguez of Travis H.B. No. 2981
3	3	Substitute the following for H.B. No. 2981:
4	4	By: Dutton C.S.H.B. No. 2981
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the procedures and duties of animal shelters and rescue
10	10	organizations; providing penalties; authorizing a fee.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. This Act may be cited as the Tax Saving Pet
13	13	Adoption, Sterilization, and Transfer Act of 2013.
14	14	SECTION 2. It is the intent of this state to reduce the
15	15	amount of local tax money spent by local governments by fostering
16	16	partnerships between governmental animal sheltering agencies and
17	17	rescue organizations and to reduce the number of animals
18	18	euthanized. To accomplish these purposes, this state finds and
19	19	declares that:
20	20	(1) the amount of local tax money spent to provide
21	21	shelter to animals is reduced by transferring as soon as possible
22	22	animals housed at governmental animal sheltering agencies to rescue
23	23	organizations or private animal sheltering organizations and that
24	24	the reduction in tax money spent is a legitimate and compelling
25	25	public interest;
26	26	(2) an animal shelter should be prohibited from
27	27	refusing to adopt or transfer an animal based solely on animal
28	28	characteristics such as age, appearance, size, or breed; and
29	29	(3) governmental animal sheltering agencies and
30	30	private animal sheltering organizations can together promote pet
31	31	adoption, promote pet sterilization, and reduce the number of
32	32	animals euthanized.
33	33	SECTION 3. The heading to Chapter 823, Health and Safety
34	34	Code, is amended to read as follows:
35	35	CHAPTER 823. ANIMAL SHELTERS AND RESCUE ORGANIZATIONS
36	36	SECTION 4. Section 823.001, Health and Safety Code, is
37	37	amended to read as follows:
38	38	Sec. 823.001. DEFINITIONS. In this chapter:
39	39	(1) "Animal" means a domestic dog, Canis lupus
40	40	familiaris, or a domestic cat, Felis catus.
41	41	(2) "Animal shelter" means a facility that keeps or
42	42	legally impounds stray, homeless, abandoned, or unwanted animals.
43	43	The term includes a governmental animal sheltering agency and a
44	44	private animal sheltering organization. The term does not include a
45	45	rescue organization.
46	46	(3) "Business day" means any day an animal shelter is
47	47	open to the public for animal reclaims.
48	48	[(2) "Board" means the Texas Board of Health.
49	49	[(3) "Commissioner" means the commissioner of
50	50	health.]
51	51	(4) "Department" means the [Texas] Department of State
52	52	Health Services.
53	53	(5) "Executive commissioner" means the executive
54	54	commissioner of the Health and Human Services Commission.
55	55	(6) "Governmental animal sheltering agency" means:
56	56	(A) a municipal or county animal control shelter;
57	57	or
58	58	(B) a private animal shelter, society for the
59	59	prevention of cruelty to animals, humane society, individual, or
60	60	group that contracts with and receives money from a municipality or
61	61	county to accept and house stray, abandoned, or owner-relinquished
62	62	animals.
63	63	(7) "Hold period" means the time an animal shelter is
64	64	required by state law, municipal ordinance, or county order to hold
65	65	an animal before the animal is adopted or euthanized.
66	66	(8) "Irremediably suffering animal" means an animal
67	67	that:
68	68	(A) has a medical condition with a poor prognosis
69	69	for life without the animal experiencing severe and unremitting
70	70	pain despite veterinary care;
71	71	(B) is in severe pain caused by an injury or
72	72	severe respiratory distress, and the animal shelter's lack of
73	73	resources limits the veterinary care readily available to the
74	74	animal;
75	75	(C) is suspected of carrying or is exhibiting
76	76	signs of rabies; or
77	77	(D) is symptomatic of a highly communicable and
78	78	potentially fatal disease, including parvovirus, distemper, canine
79	79	influenza, or panleukopenia.
80	80	(9) "Private animal sheltering organization" means an
81	81	animal shelter, society for the prevention of cruelty to animals,
82	82	humane society, or animal adoption group that:
83	83	(A) qualifies as a charitable organization under
84	84	Section 501(c)(3), Internal Revenue Code of 1986;
85	85	(B) accepts animals into a physical facility
86	86	other than a private residence;
87	87	(C) places into new homes stray, abandoned, or
88	88	owner-relinquished animals, including animals that have been
89	89	transferred from a governmental or other private animal sheltering
90	90	organization; and
91	91	(D) does not receive municipal, county, or state
92	92	funding and has not contracted with a municipality, a county, or
93	93	this state to accept and house stray, abandoned, or
94	94	owner-relinquished animals.
95	95	(10) "Rescue organization," for purposes of this
96	96	chapter, means an organization that:
97	97	(A) has been in operation for at least one year,
98	98	with a primary stated purpose of animal adoption, animal rescue, or
99	99	sterilization of animals;
100	100	(B) qualifies and has been in operation for at
101	101	least one year as a charitable organization under Section
102	102	501(c)(3), Internal Revenue Code of 1986; and
103	103	(C) is described by Section 170(b)(1)(A)(vi),
104	104	Internal Revenue Code of 1986.
105	105	SECTION 5. Chapter 823, Health and Safety Code, is amended
106	106	by adding Section 823.0021 to read as follows:
107	107	Sec. 823.0021. APPLICABILITY TO CERTAIN ANIMALS. Sections
108	108	823.004(a) and (c) and 823.0042 do not apply to:
109	109	(1) an irremediably suffering animal;
110	110	(2) a dangerous dog, as defined by Section 822.041 or
111	111	as determined by an applicable city or county ordinance; or
112	112	(3) a dog with a documented history of unprovoked
113	113	biting that caused severe physical injury to an individual and that
114	114	was not:
115	115	(A) a response to taunting;
116	116	(B) a defense to attack;
117	117	(C) in defense of a person;
118	118	(D) a response attributable to maternal
119	119	instinct, hunger, pain, or fear; or
120	120	(E) an accident.
121	121	SECTION 6. The heading to Section 823.003, Health and
122	122	Safety Code, is amended to read as follows:
123	123	Sec. 823.003. STANDARDS FOR ANIMAL SHELTERS AND RESCUE
124	124	ORGANIZATIONS; CRIMINAL PENALTY.
125	125	SECTION 7. Section 823.003, Health and Safety Code, is
126	126	amended by amending Subsections (b), (c), and (e) and adding
127	127	Subsections (c-1), (e-1), and (e-2) to read as follows:
128	128	(b) Except as otherwise provided by this subsection, an [An]
129	129	animal shelter shall house and separate animals in its custody at
130	130	all times by species and gender. An animal shelter may:
131	131	(1) house together same-species animals that:
132	132	(A) are spayed or neutered;
133	133	(B) are nursing; or
134	134	(C) are younger than three months of age; and
135	135	(2) allow same-species animals to be placed together
136	136	in a supervised, designated exercise area[, by sex (if known), and
137	137	if the animals are not related to one another, by size].
138	138	(c) An animal shelter may not confine healthy animals with
139	139	sick, injured, or diseased animals without the approval of a
140	140	veterinarian licensed by this state to practice veterinary
141	141	medicine.
142	142	(c-1) An animal shelter may not refuse to adopt or transfer
143	143	a dog or cat based solely on the animal's age, breed, type, breed
144	144	mix, appearance, or size.
145	145	(e) A governmental animal sheltering agency shall keep and
146	146	maintain on its premises [The board may require each person
147	147	operating an animal shelter to keep] records of the date and
148	148	disposition of animals in its custody and make the records
149	149	available for inspection at reasonable times on request [, to
150	150	maintain the records on the business premises of the animal
151	151	shelter, and to make the records available for inspection at
152	152	reasonable times].
153	153	(e-1) A rescue organization shall house and separate
154	154	unsterilized animals four months of age or older in its custody by
155	155	species and gender. A rescue organization may not house a healthy
156	156	animal with an animal that has a communicable disease.
157	157	(e-2) A rescue organization shall sterilize, microchip, and
158	158	vaccinate an animal four months of age or older before the adoption
159	159	or release of the animal to another organization or person, unless a
160	160	veterinarian certifies in writing that an animal should not be
161	161	sterilized because of the animal's age or medical condition.
162	162	SECTION 8. Chapter 823, Health and Safety Code, is amended
163	163	by adding Sections 823.004, 823.0041, 823.0042, 823.0043,
164	164	823.0044, 823.0045, and 823.0046 to read as follows:
165	165	Sec. 823.004. HOLD PERIOD AND TITLE TRANSFER. (a) During
166	166	the hold period of an animal shelter, the animal shelter is
167	167	considered the owner of each animal in its possession for purposes
168	168	of Section 801.004, Occupations Code.
169	169	(b) On expiration of the hold period, ownership of the
170	170	animal vests absolutely in the animal shelter.
171	171	(c) Ownership of an animal immediately vests in an animal
172	172	shelter or rescue organization if the animal is surrendered by the
173	173	owner to the animal shelter or rescue organization.
174	174	Sec. 823.0041. TRANSFER OF ANIMALS. (a) An animal shelter
175	175	may at any time transfer an animal surrendered by the animal's owner
176	176	to a rescue organization or private animal sheltering organization.
177	177	(b) The animal shelter may release custody of the animal on
178	178	a first-come, first-served basis to any rescue organization or
179	179	private animal sheltering organization that is on site to receive
180	180	the animal.
181	181	Sec. 823.0042. EUTHANASIA PROCEDURES; TRANSFER REFUSAL;
182	182	CRIMINAL PENALTY; MORATORIUM. (a) A governmental animal
183	183	sheltering agency shall post a list of the animals in the agency's
184	184	custody to be euthanized, with descriptions, photos, and
185	185	information about when the animal's hold period expires, in a
186	186	designated prominent public place or on an Internet website that
187	187	can be accessed by rescue organizations and private animal
188	188	sheltering organizations.
189	189	(b) A governmental animal sheltering agency may not
190	190	euthanize an animal within 24 hours of the time the posting required
191	191	by Subsection (a) occurs. If, after 24 hours of the posting, a
192	192	rescue organization or private animal sheltering organization does
193	193	not respond in writing that the organization will take the animal,
194	194	the governmental animal sheltering agency may euthanize the animal.
195	195	(c) Before the scheduled euthanasia, a rescue organization
196	196	or private animal sheltering organization that intends to take
197	197	possession of an animal scheduled for euthanasia may notify, in
198	198	writing or using other reasonable commercial means, the
199	199	governmental animal sheltering agency that has possession of the
200	200	animal of that intention. The transfer shall take place within 24
201	201	hours of the time the agency receives notification of the
202	202	organization's intention. If the transfer does not take place
203	203	within 24 hours of the time the agency receives notification of the
204	204	organization's intention, the agency may euthanize the animal.
205	205	(d) The governmental animal sheltering agency possessing
206	206	the animal scheduled to be euthanized may make an adoption
207	207	placement of the animal during the waiting period required by
208	208	Subsection (b).
209	209	(e) The governmental animal sheltering agency may:
210	210	(1) charge a fee not to exceed the agency's standard
211	211	adoption fee for each animal released to a rescue organization or
212	212	private animal sheltering organization; and
213	213	(2) establish the same requirements for the animal
214	214	that are used for public adoptions.
215	215	(f) A governmental animal sheltering agency shall transfer
216	216	an animal scheduled to be euthanized to a rescue organization or
217	217	private animal sheltering organization that requests transfer of
218	218	the animal under this section, subject to the express limitations
219	219	of this chapter or other law.
220	220	(g) Notwithstanding Subsection (f), a governmental animal
221	221	sheltering agency may refuse to transfer an animal to a rescue
222	222	organization or private animal sheltering organization if:
223	223	(1) any of the organization's current directors,
224	224	officers, staff, or volunteers have been convicted of, have charges
225	225	pending for, or have received a citation for an offense involving
226	226	animal cruelty or neglect or a public health nuisance;
227	227	(2) the organization is constrained by a court order
228	228	that prevents the organization from accepting or housing animals;
229	229	(3) a governmental law enforcement agency is
230	230	conducting an active and ongoing investigation into the
231	231	organization; or
232	232	(4) the rescue organization fails to provide:
233	233	(A) copies of veterinary records requested under
234	234	Section 823.0044(1) indicating that the organization sterilizes
235	235	animals in its care unless a veterinarian certifies in writing that
236	236	an animal should not be sterilized because of age or a medical
237	237	condition;
238	238	(B) letters of recommendation requested under
239	239	Section 823.0044(2); or
240	240	(C) adoption paperwork, if the rescue
241	241	organization receives more than 20 animals from a governmental
242	242	animal sheltering agency in one year.
243	243	(h) A rescue organization or private animal sheltering
244	244	organization shall disclose to a governmental animal sheltering
245	245	agency seeking to transfer an animal to the organization any
246	246	applicable conviction, charge, citation, or legal impediment
247	247	described in Subsection (g).
248	248	(i) A person commits an offense if a person substantially
249	249	violates this section. An offense under this subsection is a Class C
250	250	misdemeanor.
251	251	(j) Notwithstanding any other provision of this section, in
252	252	the case of a mass seizure of animals by law enforcement, euthanasia
253	253	of animals may occur within 24 hours of the time the posting
254	254	required by Subsection (a) occurs.
255	255	(k) A governmental animal sheltering agency may place a
256	256	moratorium on animal transfers to a rescue organization until a
257	257	majority of the animals received by the organization from the
258	258	agency have been adopted if:
259	259	(1) the organization receives at least 20 animals from
260	260	the agency in one year; and
261	261	(2) the majority of animals received by the
262	262	organization from the agency have not been adopted.
263	263	Sec. 823.0043. INFORMATION REGARDING TRANSFERRED ANIMALS.
264	264	A governmental animal sheltering agency may require not more
265	265	frequently than monthly that a rescue organization or private
266	266	animal sheltering organization provide information, orally,
267	267	electronically, or in writing, regarding:
268	268	(1) the number of animals the organization has
269	269	received; and
270	270	(2) of the number described in Subdivision (1), the
271	271	number of animals that were adopted, died, were transferred to
272	272	another organization, were euthanized, or are still under the
273	273	organization's care.
274	274	Sec. 823.0044. REQUIREMENTS FOR RESCUE ORGANIZATIONS. A
275	275	rescue organization shall:
276	276	(1) retain in its files and provide on request of a
277	277	governmental animal sheltering agency a copy of records regarding
278	278	the veterinary examinations and treatments, including animal
279	279	sterilization, of each animal housed by the organization;
280	280	(2) provide on request of a governmental animal
281	281	sheltering agency letters of recommendation from two animal
282	282	shelters located in this state; and
283	283	(3) provide quarterly, on request of the governmental
284	284	animal sheltering agency, the names and addresses of the directors
285	285	and officers of the organization.
286	286	Sec. 823.0045. TRANSFER OF ANIMAL BY GOVERNMENTAL ANIMAL
287	287	SHELTERING AGENCY; SITE VISITATION. (a) If a governmental animal
288	288	sheltering agency reasonably suspects that the placement of an
289	289	animal with a rescue organization or private animal sheltering
290	290	organization will expose the animal to neglect or cruelty, the
291	291	agency may condition the release of the animal on the completion of
292	292	a site visitation of the organization by a municipal or county agent
293	293	or agency employee or enforcement agent.
294	294	(b) The reasonable suspicion of the governmental animal
295	295	sheltering agency may not be based solely on an anonymous complaint
296	296	unless the complaint is made by a relative of a person affiliated
297	297	with the rescue organization or private animal sheltering
298	298	organization who has direct responsibility for animal care.
299	299	(c) The governmental animal sheltering agency, on request,
300	300	shall disclose to the rescue organization or private animal
301	301	sheltering organization all information related to the agency's
302	302	decision to require a site visitation under Subsection (a), except
303	303	the identity of a person who submitted a complaint.
304	304	(d) If the rescue organization or private animal sheltering
305	305	organization agrees to a site visitation, the visit must be
306	306	conducted within 72 hours after the time the organization agrees to
307	307	the visit. If the visit is not conducted within 72 hours, the
308	308	governmental animal sheltering agency's right to a site visitation
309	309	is waived. If the organization refuses a site visitation, the
310	310	agency may decline to place the animal with the organization.
311	311	(e) The governmental animal sheltering agency within 24
312	312	hours of the completion of the site visitation shall notify the
313	313	rescue organization or private animal sheltering organization of
314	314	the results of the site visitation and whether the agency will
315	315	release the animal to the organization. If the site visitation
316	316	documents significant violations, the agency must include with the
317	317	notification a list of the deficiencies that prohibit the release
318	318	of an animal to the organization.
319	319	(f) If the site visitation results in the filing of criminal
320	320	neglect or cruelty to animals charges, the site visitation
321	321	constitutes a failed inspection.
322	322	Sec. 823.0046. LIMITED LIABILITY. An animal shelter that
323	323	complies with the requirements of this chapter is not civilly or
324	324	criminally liable for an adoption, transfer, or procedure conducted
325	325	in accordance with this chapter.
326	326	SECTION 9. (a) The change in law made by this Act applies
327	327	only to conduct that occurs on or after the effective date of this
328	328	Act. Conduct that occurs before the effective date of this Act is
329	329	governed by the law in effect at the time the conduct occurred, and
330	330	the former law is continued in effect for that purpose.
331	331	(b) The change in law made by this Act applies only to an
332	332	offense committed on or after the effective date of this Act. An
333	333	offense committed before the effective date of this Act is covered
334	334	by the law in effect when the offense was committed. For purposes
335	335	of this subsection, an offense was committed before the effective
336	336	date of this Act if any element of the offense occurred before that
337	337	date.
338	338	SECTION 10. This Act takes effect September 1, 2013.