83R16848 AED-D
By: Rodriguez of Travis H.B. No. 2981
Substitute the following for H.B. No. 2981:
By: Dutton C.S.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; authorizing a fee.
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 governmental animal sheltering agencies 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 an animal shelter 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;
(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;
(C) is suspected of carrying or is exhibiting
signs of rabies; or
(D) is symptomatic of a highly communicable and
potentially fatal disease, including parvovirus, distemper, canine
influenza, or panleukopenia.
(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," for purposes of this
chapter, 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 and has been in operation for at
least one year 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.
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 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), (e-1), and (e-2) 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.
(e-2) A rescue organization shall 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, unless a
veterinarian certifies in writing that an animal should not be
sterilized because of the animal's age or medical condition.
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. HOLD PERIOD AND TITLE TRANSFER. (a) During
the hold period of an animal shelter, the animal shelter is
considered the owner of each animal in its possession for purposes
of Section 801.004, Occupations Code.
(b) On expiration of the hold period, ownership of the
animal vests absolutely in the animal shelter.
(c) Ownership of an animal immediately vests in an animal
shelter or rescue organization if the animal is surrendered by the
owner to the animal shelter or rescue organization.
Sec. 823.0041. TRANSFER OF ANIMALS. (a) An animal shelter
may at any time transfer an animal surrendered by the animal's owner
to a rescue organization or private animal sheltering organization.
(b) The animal shelter may release custody of the animal on
a first-come, first-served basis to any rescue organization or
private animal sheltering organization that is on site to receive
the animal.
Sec. 823.0042. EUTHANASIA PROCEDURES; TRANSFER REFUSAL;
CRIMINAL PENALTY; MORATORIUM. (a) A governmental animal
sheltering agency shall post a list of the animals in the agency's
custody to be euthanized, with descriptions, photos, and
information about when the animal's hold period expires, in a
designated prominent public place or on an Internet website that
can be accessed by rescue organizations and private animal
sheltering organizations.
(b) A governmental animal sheltering agency may not
euthanize an animal within 24 hours of the time the posting required
by Subsection (a) occurs. If, after 24 hours of the posting, a
rescue organization or private animal sheltering organization does
not respond in writing that the organization will take the animal,
the governmental animal sheltering agency 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, in
writing or using other reasonable commercial means, the
governmental animal sheltering agency that has possession of the
animal of that intention. The transfer shall take place within 24
hours of the time the agency receives notification of the
organization's intention. If the transfer does not take place
within 24 hours of the time the agency receives notification of the
organization's intention, the agency may euthanize the animal.
(d) The governmental animal sheltering agency 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 governmental animal sheltering agency may:
(1) charge a fee not to exceed the agency'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) A governmental animal sheltering agency 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), a governmental animal
sheltering agency may refuse to transfer an animal to a rescue
organization or private animal sheltering organization if:
(1) any of the organization'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 organization is constrained by a court order
that prevents the organization from accepting or housing animals;
(3) a governmental law enforcement agency is
conducting an active and ongoing investigation into the
organization; 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;
(B) letters of recommendation requested under
Section 823.0044(2); or
(C) adoption paperwork, if the rescue
organization receives more than 20 animals from a governmental
animal sheltering agency in one year.
(h) A rescue organization or private animal sheltering
organization shall disclose to a governmental animal sheltering
agency seeking to transfer an animal to the organization 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 posting
required by Subsection (a) occurs.
(k) A governmental animal sheltering agency may place a
moratorium on animal transfers to a rescue organization until a
majority of the animals received by the organization from the
agency have been adopted if:
(1) the organization receives at least 20 animals from
the agency in one year; and
(2) the majority of animals received by the
organization from the agency have not been adopted.
Sec. 823.0043. INFORMATION REGARDING TRANSFERRED ANIMALS.
A governmental animal sheltering agency 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 a
governmental animal sheltering agency 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 a governmental animal
sheltering agency letters of recommendation from two animal
shelters located in this state; and
(3) provide quarterly, on request of the governmental
animal sheltering agency, the names and addresses of the directors
and officers of the organization.
Sec. 823.0045. TRANSFER OF ANIMAL BY GOVERNMENTAL ANIMAL
SHELTERING AGENCY; SITE VISITATION. (a) If a governmental animal
sheltering agency 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
agency may condition the release of the animal on the completion of
a site visitation of the organization by a municipal or county agent
or agency employee or enforcement agent.
(b) The reasonable suspicion of the governmental animal
sheltering agency may not be based solely on an anonymous complaint
unless the complaint is made by a relative of a person affiliated
with the rescue organization or private animal sheltering
organization who has direct responsibility for animal care.
(c) The governmental animal sheltering agency, on request,
shall disclose to the rescue organization or private animal
sheltering organization all information related to the agency'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 72 hours after the time the organization agrees to
the visit. If the visit is not conducted within 72 hours, the
governmental animal sheltering agency's right to a site visitation
is waived. If the organization refuses a site visitation, the
agency may decline to place the animal with the organization.
(e) The governmental animal sheltering agency 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 agency will
release the animal to the organization. If the site visitation
documents significant violations, the agency must include with the
notification a list of the deficiencies that prohibit the release
of an animal to the organization.
(f) 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, transfer, or procedure 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.