By: Watson, et al. S.B. No. 360
(Lucio III, Branch, Harless, Bohac, Marquez, et al.)
A BILL TO BE ENTITLED
AN ACT
relating to methods used by an animal shelter to euthanize a dog or
cat.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 821.051, Health and Safety Code, is
amended by amending Subdivisions (3) and (4) and adding Subdivision
(5) to read as follows:
(3) "Board" means the executive commissioner [Texas
Board 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.
SECTION 2. Subsection (a), Section 821.052, Health and
Safety Code, is amended to read as follows:
(a) A person may euthanize a dog or cat in the custody of an
animal shelter only by administering sodium pentobarbital [or
commercially compressed carbon monoxide].
SECTION 3. Section 821.054, Health and Safety Code, is
amended to read as follows:
Sec. 821.054. REQUIREMENTS FOR USE OF COMMERCIALLY
COMPRESSED CARBON MONOXIDE. (a) The executive commissioner
[board] by rule shall establish:
(1) standards for a carbon monoxide chamber used to
euthanize an animal to which Section 821.052(b) applies [in the
custody of an animal shelter]; and
(2) requirements and procedures for administering
commercially compressed carbon monoxide to euthanize an animal to
which Section 821.052(b) applies [in the custody of an animal
shelter].
(b) A person administering commercially compressed carbon
monoxide to euthanize an animal to which Section 821.052(b) applies
[in the custody of an animal shelter]:
(1) may use only a carbon monoxide chamber that meets
the standards established by department [board] rule; and
(2) may administer the commercially compressed carbon
monoxide only in accordance with the requirements and procedures
established by department [board] rule.
SECTION 4. Not later than December 1, 2013, the executive
commissioner of the Health and Human Services Commission shall
adopt rules necessary to conform to Subsection (a), Section
821.052, and Section 821.054, Health and Safety Code, as amended by
this Act.
SECTION 5. A person subject to Subsection (a), Section
821.052, Health and Safety Code, as amended by this Act, is not
required to comply with that subsection or any rules adopted under
that subsection until January 1, 2014.
SECTION 6. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2013.