| 1 | 1 | | 84R20404 LED-D |
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| 2 | 2 | | By: Elkins H.B. No. 2276 |
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| 3 | 3 | | Substitute the following for H.B. No. 2276: |
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| 4 | 4 | | By: Anderson of Dallas C.S.H.B. No. 2276 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the development and maintenance of certain records and |
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| 10 | 10 | | written policies of animal shelters and releasing agencies; |
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| 11 | 11 | | amending a provision subject to a criminal penalty. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. The heading to Chapter 823, Health and Safety |
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| 14 | 14 | | Code, is amended to read as follows: |
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| 15 | 15 | | CHAPTER 823. ANIMAL SHELTERS AND RELEASING AGENCIES |
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| 16 | 16 | | SECTION 2. Section 823.001, Health and Safety Code, is |
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| 17 | 17 | | amended by adding Subdivision (5) to read as follows: |
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| 18 | 18 | | (5) "Releasing agency" has the meaning assigned by |
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| 19 | 19 | | Section 828.001. |
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| 20 | 20 | | SECTION 3. Section 823.003(e), Health and Safety Code, as |
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| 21 | 21 | | amended by S.B. No. 219, Acts of the 84th Legislature, Regular |
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| 22 | 22 | | Session, 2015, is amended to read as follows: |
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| 23 | 23 | | (e) The executive commissioner of the Health and Human |
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| 24 | 24 | | Services Commission shall [may] require each person operating an |
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| 25 | 25 | | animal shelter to keep records as required by Section 823.010. The |
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| 26 | 26 | | board may require the animal shelter [of the date and disposition of |
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| 27 | 27 | | animals in its custody,] to maintain the records on the business |
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| 28 | 28 | | premises of the animal shelter[,] and to make the records available |
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| 29 | 29 | | for inspection at reasonable times. |
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| 30 | 30 | | SECTION 4. Chapter 823, Health and Safety Code, is amended |
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| 31 | 31 | | by adding Section 823.010 to read as follows: |
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| 32 | 32 | | Sec. 823.010. INTAKE AND DISPOSITION RECORDS FOR ANIMAL |
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| 33 | 33 | | SHELTERS AND RELEASING AGENCIES. (a) Each animal shelter or |
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| 34 | 34 | | releasing agency operated in this state shall prepare and maintain |
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| 35 | 35 | | records regarding the intake and disposition of animals in the care |
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| 36 | 36 | | of the shelter or agency, including: |
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| 37 | 37 | | (1) the total number of animals, categorized by |
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| 38 | 38 | | species, as dog, cat, or other, taken in by the animal shelter or |
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| 39 | 39 | | releasing agency and the reason an animal was taken in, including |
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| 40 | 40 | | whether the animal was: |
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| 41 | 41 | | (A) surrendered by the animal's owner; |
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| 42 | 42 | | (B) impounded as a stray; |
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| 43 | 43 | | (C) impounded for a reason other than being a |
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| 44 | 44 | | stray; |
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| 45 | 45 | | (D) confiscated; |
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| 46 | 46 | | (E) transferred to the shelter or agency from a |
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| 47 | 47 | | location in this state; |
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| 48 | 48 | | (F) transferred to the shelter or agency from a |
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| 49 | 49 | | location outside this state; or |
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| 50 | 50 | | (G) born in the shelter or under the care of the |
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| 51 | 51 | | agency; |
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| 52 | 52 | | (2) the number of animals at the animal shelter or |
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| 53 | 53 | | releasing agency on the last day of each month; and |
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| 54 | 54 | | (3) the disposition of each animal taken in by the |
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| 55 | 55 | | animal shelter or releasing agency, categorized by species, |
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| 56 | 56 | | including whether the animal: |
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| 57 | 57 | | (A) was adopted; |
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| 58 | 58 | | (B) was reclaimed by the animal's owner; |
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| 59 | 59 | | (C) died in the shelter or under the care of the |
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| 60 | 60 | | agency; |
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| 61 | 61 | | (D) was transferred from the shelter or agency; |
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| 62 | 62 | | (E) was euthanized by the shelter or agency on a |
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| 63 | 63 | | decision made by the shelter or agency; |
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| 64 | 64 | | (F) was euthanized at the owner's request; |
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| 65 | 65 | | (G) was a cat returned to the field as part of a |
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| 66 | 66 | | sterilization program; or |
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| 67 | 67 | | (H) was lost or stolen while in the shelter's or |
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| 68 | 68 | | agency's care. |
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| 69 | 69 | | (b) An animal shelter or releasing agency shall monthly |
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| 70 | 70 | | prepare the records required by Subsection (a). |
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| 71 | 71 | | (c) An animal shelter or releasing agency shall maintain |
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| 72 | 72 | | records prepared under Subsection (a) until at least the third |
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| 73 | 73 | | anniversary of the date the record was prepared. |
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| 74 | 74 | | (d) An animal shelter or releasing agency shall make the |
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| 75 | 75 | | records required by this section available to the public. |
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| 76 | 76 | | SECTION 5. The changes in law made by this Act apply only to |
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| 77 | 77 | | an animal taken in or disposed of by an animal shelter or releasing |
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| 78 | 78 | | agency or counted in the shelter's or agency's animal total on or |
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| 79 | 79 | | after the effective date of this Act. |
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| 80 | 80 | | SECTION 6. This Act takes effect September 1, 2015. |
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