By: Menéndez, Hinojosa S.B. No. 1781
Zaffirini
A BILL TO BE ENTITLED
AN ACT
relating to the euthanasia of animals in animal shelters located in
certain counties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 821, Health and Safety
Code, is amended by adding Section 821.0521 to read as follows:
Sec. 821.0521. EUTHANASIA OF CERTAIN ANIMALS PROHIBITED.
(a) This section applies only to a county:
(1) with a population of more than 1.5 million that
contains a municipality in which at least 75 percent of the county's
population resides; or
(2) that borders the United Mexican States and the
Gulf of Mexico.
(b) A person may not euthanize a dog, cat, or other animal in
the custody of an animal shelter if the animal could safely be
placed:
(1) in an empty cage, kennel, or other living
environment in the animal shelter; or
(2) in a shared cage, kennel, or other living
environment intended for animal habitation in the animal shelter
with another animal of the same species.
(c) A cage, kennel, or other living environment described by
Subsection (b)(1) or (2) does not include a cage, kennel, or other
living environment in an animal shelter that is:
(1) designated as an area where a person may get
acquainted with an animal; or
(2) usually restricted to the public because sick or
injured animals or animals that are receiving veterinary care are
kept in the area.
(d) Subsection (b) does not apply to:
(1) an animal that is suspected of carrying and is
otherwise exhibiting signs of rabies or another highly communicable
disease as determined by a licensed veterinarian;
(2) a dog that a court has determined to be a dangerous
dog under Subchapter D, Chapter 822;
(3) a dog that has bitten a person severely enough that
the person suffered an injury requiring medical attention;
(4) a dog that has bitten a cat or another dog, causing
serious injury or death to the other animal;
(5) a dog that a certified animal behaviorist or
shelter staff has determined is a threat to human safety; or
(6) an animal that has a poor or grave prognosis for
being able to live without severe, unremitting pain, even with
comprehensive, prompt, and necessary veterinary care, as
determined by a licensed veterinarian.
(e) This section does not require a person who is an agent of
an animal shelter to:
(1) group unrelated or unfamiliar animals together in
a cage, kennel, or other living environment before a health and
behavioral evaluation has been performed by an appropriate staff
member and the grouping has been determined to be appropriate;
(2) group animals together who are not socialized to
other animals and actively bully other animals;
(3) group more than six dogs together in a cage,
kennel, or other living environment, unless:
(A) a health or behavioral examination has been
performed on each dog by an appropriate staff member and the
grouping has been determined to be appropriate;
(B) there is adequate space to allow the dogs to
express a variety of normal behavior; and
(C) the dogs are provided sufficient resources to
prevent competition between the dogs or resource guarding by the
dogs; or
(4) group more than 12 cats together in a cage, kennel,
or other living environment, unless:
(A) a health or behavioral examination has been
performed on each cat by an appropriate staff member and the
grouping has been determined to be appropriate;
(B) there is adequate space to allow the cats to
express a variety of normal behavior; and
(C) the cats are provided sufficient resources to
prevent competition between the cats or resource guarding by the
cats.
(f) This section does not prohibit a person who is an agent
of an animal shelter from euthanizing an animal to make a cage or
kennel space available for an additional animal, if the additional
animal is expected to arrive at the animal shelter within a
reasonable period of time.
SECTION 2. This Act takes effect September 1, 2015.