Texas 2015 - 84th Regular

Texas House Bill HB1274 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R7153 LED-F
2	2	By: Larson H.B. No. 1274
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the medical treatment and care of animals by certain
8	8	persons in animal shelters and releasing agencies.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. The heading to Chapter 823, Health and Safety
11	11	Code, is amended to read as follows:
12	12	CHAPTER 823. ANIMAL SHELTERS AND RELEASING AGENCIES
13	13	SECTION 2. Chapter 823, Health and Safety Code, is amended
14	14	by designating Sections 823.001 through 823.009 as Subchapter A and
15	15	adding a subchapter heading to read as follows:
16	16	SUBCHAPTER A. GENERAL PROVISIONS; ANIMAL SHELTERS
17	17	SECTION 3. Section 823.001, Health and Safety Code, is
18	18	amended by adding Subdivision (5) to read as follows:
19	19	(5) "Releasing agency" has the meaning assigned by
20	20	Section 828.001.
21	21	SECTION 4. Chapter 823, Health and Safety Code, is amended
22	22	by adding Subchapter B to read as follows:
23	23	SUBCHAPTER B. TREATMENT AND CARE OF ANIMALS
24	24	Sec. 823.051. ANIMAL TREATMENT PROTOCOL. At the time an
25	25	animal shelter or releasing agency takes possession of an animal,
26	26	an agent for the shelter or agency may administer a nonprescription
27	27	vaccine, nonprescription medicine, or medicine that is not a
28	28	controlled substance if:
29	29	(1) the medicine is necessary to prevent or control
30	30	communicable diseases or internal or external parasites; and
31	31	(2) the medicine is administered in accordance with a
32	32	protocol developed under Section 801.366, Occupations Code.
33	33	SECTION 5. Section 828.012(a), Health and Safety Code, is
34	34	amended to read as follows:
35	35	(a) Surgery or nonsurgical sterilization performed in
36	36	accordance with this chapter must also be performed in accordance
37	37	with Section 801.365 [by a veterinarian or a full-time student of an
38	38	accredited college of veterinary medicine as provided by Chapter
39	39	801], Occupations Code.
40	40	SECTION 6. Subchapter A, Chapter 801, Occupations Code, is
41	41	amended by amending Section 801.004 and adding Section 801.005 to
42	42	read as follows:
43	43	Sec. 801.004. APPLICATION OF CHAPTER. Except as provided
44	44	by Section 801.005, this [This] chapter does not apply to:
45	45	(1) the treatment or care of an animal in any manner by
46	46	the owner of the animal, an employee of the owner, or a designated
47	47	caretaker of the animal, unless the ownership, employment, or
48	48	designation is established with the intent to violate this chapter;
49	49	(2) a person who performs an act prescribed by the
50	50	board as an accepted livestock management practice, including:
51	51	(A) castrating a male animal raised for human
52	52	consumption;
53	53	(B) docking or earmarking an animal raised for
54	54	human consumption;
55	55	(C) dehorning cattle;
56	56	(D) aiding in the nonsurgical birth process of a
57	57	large animal, as defined by board rule;
58	58	(E) treating an animal for disease prevention
59	59	with a nonprescription medicine or vaccine;
60	60	(F) branding or identifying an animal in any
61	61	manner;
62	62	(G) artificially inseminating an animal,
63	63	including training, inseminating, and compensating for services
64	64	related to artificial insemination; and
65	65	(H) shoeing a horse;
66	66	(3) the performance of a cosmetic or production
67	67	technique to reduce injury in poultry intended for human
68	68	consumption;
69	69	(4) the performance of a duty by a veterinarian's
70	70	employee if:
71	71	(A) the duty involves food production animals;
72	72	(B) the duty does not involve diagnosis,
73	73	prescription, or surgery;
74	74	(C) the employee is under the direction and
75	75	general supervision of the veterinarian; and
76	76	(D) the veterinarian is responsible for the
77	77	employee's performance;
78	78	(5) the performance of an act by a person who is a
79	79	full-time student of an accredited college of veterinary medicine
80	80	if the act is performed under the direct supervision of a
81	81	veterinarian;
82	82	(6) an animal shelter employee who performs euthanasia
83	83	in the course and scope of the person's employment if the person has
84	84	successfully completed training in accordance with Chapter 829,
85	85	Health and Safety Code;
86	86	(7) a person who is engaged in a recognized
87	87	state-federal cooperative disease eradication or control program
88	88	or an external parasite control program while the person is
89	89	performing official duties required by the program;
90	90	(8) a person who, without expectation of compensation,
91	91	provides emergency care in an emergency or disaster; or
92	92	(9) a consultation given to a veterinarian in this
93	93	state by a person who:
94	94	(A) resides in another state; and
95	95	(B) is lawfully qualified to practice veterinary
96	96	medicine under the laws of that state.
97	97	Sec. 801.005. TREATMENT OF ANIMAL IN ANIMAL SHELTER OR
98	98	RELEASING AGENCY. This chapter applies to a veterinarian when
99	99	treating an animal on behalf of or in:
100	100	(1) an animal shelter, as defined by Section 823.001,
101	101	Health and Safety Code; or
102	102	(2) a releasing agency, as defined by Section 828.001,
103	103	Health and Safety Code.
104	104	SECTION 7. Subchapter H, Chapter 801, Occupations Code, is
105	105	amended by adding Sections 801.365 and 801.366 to read as follows:
106	106	Sec. 801.365. STERILIZATION. Surgery or nonsurgical
107	107	sterilization performed in accordance with Chapter 828, Health and
108	108	Safety Code, must be performed by a veterinarian or a person who is
109	109	a full-time student of an accredited college of veterinary
110	110	medicine.
111	111	Sec. 801.366. ANIMAL SHELTER OR RELEASING AGENCY TREATMENT
112	112	PROTOCOL. (a) A veterinarian who makes medically appropriate and
113	113	timely visits to an animal shelter or releasing agency may, in
114	114	consultation with the animal shelter or releasing agency, develop a
115	115	written animal treatment protocol to authorize an agent of the
116	116	animal shelter or releasing agency to administer a nonprescription
117	117	vaccine, nonprescription medicine, or medicine that is not a
118	118	controlled substance as necessary to prevent or control
119	119	communicable diseases or internal or external parasites.
120	120	(b) A written animal treatment protocol developed under
121	121	Subsection (a) must meet the minimum acceptable standard of care
122	122	for the administration of a nonprescription vaccine,
123	123	nonprescription medicine, or medicine that is not a controlled
124	124	substance used to prevent or control communicable diseases or
125	125	internal or external parasites.
126	126	(c) A veterinarian who develops a written animal treatment
127	127	protocol under this section does not violate Section 801.351.
128	128	(d) In this section:
129	129	(1) "Animal shelter" has the meaning assigned by
130	130	Section 823.001, Health and Safety Code; and
131	131	(2) "Releasing agency" has the meaning assigned by
132	132	Section 828.001, Health and Safety Code.
133	133	SECTION 8. This Act takes effect September 1, 2015.