| 1 | 1 | | 83R1499 KKR-F |
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| 2 | 2 | | By: Lucio III, Branch, Harless, Bohac, H.B. No. 858 |
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| 3 | 3 | | Marquez, et al. |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | A BILL TO BE ENTITLED |
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| 7 | 7 | | AN ACT |
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| 8 | 8 | | relating to methods used by an animal shelter to euthanize a dog or |
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| 9 | 9 | | cat. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 821.051, Health and Safety Code, is |
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| 12 | 12 | | amended by amending Subdivisions (3) and (4) and adding Subdivision |
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| 13 | 13 | | (5) to read as follows: |
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| 14 | 14 | | (3) "Board" means the executive commissioner [Texas |
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| 15 | 15 | | Board of Health]. |
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| 16 | 16 | | (4) "Department" means the [Texas] Department of State |
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| 17 | 17 | | Health Services. |
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| 18 | 18 | | (5) "Executive commissioner" means the executive |
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| 19 | 19 | | commissioner of the Health and Human Services Commission. |
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| 20 | 20 | | SECTION 2. Section 821.052(a), Health and Safety Code, is |
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| 21 | 21 | | amended to read as follows: |
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| 22 | 22 | | (a) A person may euthanize a dog or cat in the custody of an |
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| 23 | 23 | | animal shelter only by administering sodium pentobarbital [or |
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| 24 | 24 | | commercially compressed carbon monoxide]. |
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| 25 | 25 | | SECTION 3. Section 821.054, Health and Safety Code, is |
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| 26 | 26 | | amended to read as follows: |
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| 27 | 27 | | Sec. 821.054. REQUIREMENTS FOR USE OF COMMERCIALLY |
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| 28 | 28 | | COMPRESSED CARBON MONOXIDE. (a) The executive commissioner |
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| 29 | 29 | | [board] by rule shall establish: |
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| 30 | 30 | | (1) standards for a carbon monoxide chamber used to |
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| 31 | 31 | | euthanize an animal to which Section 821.052(b) applies [in the |
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| 32 | 32 | | custody of an animal shelter]; and |
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| 33 | 33 | | (2) requirements and procedures for administering |
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| 34 | 34 | | commercially compressed carbon monoxide to euthanize an animal to |
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| 35 | 35 | | which Section 821.052(b) applies [in the custody of an animal |
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| 36 | 36 | | shelter]. |
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| 37 | 37 | | (b) A person administering commercially compressed carbon |
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| 38 | 38 | | monoxide to euthanize an animal to which Section 821.052(b) applies |
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| 39 | 39 | | [in the custody of an animal shelter]: |
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| 40 | 40 | | (1) may use only a carbon monoxide chamber that meets |
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| 41 | 41 | | the standards established by department [board] rule; and |
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| 42 | 42 | | (2) may administer the commercially compressed carbon |
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| 43 | 43 | | monoxide only in accordance with the requirements and procedures |
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| 44 | 44 | | established by department [board] rule. |
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| 45 | 45 | | SECTION 4. Not later than December 1, 2013, the executive |
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| 46 | 46 | | commissioner of the Health and Human Services Commission shall |
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| 47 | 47 | | adopt rules necessary to conform to Sections 821.052(a) and |
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| 48 | 48 | | 821.054, Health and Safety Code, as amended by this Act. |
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| 49 | 49 | | SECTION 5. A person subject to Section 821.052(a), Health |
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| 50 | 50 | | and Safety Code, as amended by this Act, is not required to comply |
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| 51 | 51 | | with that subsection or any rules adopted under that subsection |
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| 52 | 52 | | until January 1, 2014. |
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| 53 | 53 | | SECTION 6. This Act takes effect immediately if it receives |
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| 54 | 54 | | a vote of two-thirds of all the members elected to each house, as |
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| 55 | 55 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 56 | 56 | | Act does not receive the vote necessary for immediate effect, this |
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| 57 | 57 | | Act takes effect September 1, 2013. |
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