86R7661 JTS-F
By: Smithee H.B. No. 3063
A BILL TO BE ENTITLED
AN ACT
relating to the transfer of a retired county or municipal law
enforcement animal.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 263.152(a), Local Government Code, is
amended to read as follows:
(a) The commissioners court of a county may:
(1) periodically sell the county's surplus or salvage
property by competitive bid or auction, except that competitive
bidding or an auction is not necessary if the purchaser is another
county or a political subdivision within the county that is selling
the surplus or salvage property;
(2) offer the property as a trade-in for new property
of the same general type if the commissioners court considers that
action to be in the best interests of the county;
(3) order any of the property to be destroyed or
otherwise disposed of as worthless if the commissioners court
undertakes to sell that property under Subdivision (1) and is
unable to do so because no bids are made;
(4) dispose of the property by donating it to a civic
or charitable organization located in the county if the
commissioners court determines that:
(A) undertaking to sell the property under
Subdivision (1) would likely result in no bids or a bid price that
is less than the county's expenses required for the bid process;
(B) the donation serves a public purpose; and
(C) the organization will provide the county with
adequate consideration, such as relieving the county of
transportation or disposal expenses related to the property;
(5) transfer gambling equipment in the possession of
the county following its forfeiture to the state to the Texas
Facilities [Building and Procurement] Commission for sale under
Section 2175.904, Government Code; [or]
(6) order any vehicle retired under a program designed
to encourage the use of low-emission vehicles to be crushed and
recycled, if practicable, without a competitive bid or auction; or
(7) by order or resolution, transfer a retired law
enforcement animal as provided by Section 272.007.
SECTION 2. Chapter 272, Local Government Code, is amended
by adding Section 272.007 to read as follows:
Sec. 272.007. TRANSFER OF RETIRED LAW ENFORCEMENT ANIMAL.
(a) The commissioners court of a county or the governing body of a
municipality may enter into a contract with a person for the
transfer of a law enforcement dog, horse, or other animal that has
been determined by the head of the applicable law enforcement
agency to be:
(1) suitable for transfer, after consulting with the
animal's veterinarian, handlers, and other caretakers; and
(2) surplus to the needs of the county or municipality
because the animal is:
(A) at the end of the animal's working life; or
(B) subject to circumstances that justify making
the animal available for transfer before the end of the animal's
working life, including:
(i) the death of the animal's handler in the
line of duty or as a result of injuries sustained in the line of
duty; or
(ii) the medical retirement of the animal's
handler as a result of injuries sustained in the line of duty.
(b) A law enforcement animal determined to be suitable and
eligible for transfer under Subsection (a) may be transferred only
to a person who is:
(1) capable of humanely caring for the animal; and
(2) selected by the head of the applicable law
enforcement agency in the following order of priority, as
applicable:
(A) the animal's former handler who medically
retired as a result of injuries sustained in the line of duty;
(B) the parent, child, spouse, or sibling of the
animal's former handler if the handler was killed in the line of
duty or died from injuries sustained in the line of duty;
(C) a former handler not described by Paragraph
(A);
(D) a peace officer, county jailer, or
telecommunicator other than the animal's handler; or
(E) another person.
(c) If more than one person in a category of authorized
transferees under Subsection (b)(2) requests to receive the animal,
the head of the applicable law enforcement agency shall determine
which of the potential transferees would best serve the best
interest of the animal and the applicable county or municipality.
(d) A contract for a transfer under this section:
(1) may provide for the transfer without charge to the
transferee;
(2) must require the transferee to:
(A) humanely care for the animal, including
providing food, shelter, and regular and appropriate veterinary
care, including medication, to properly provide for the animal's
health;
(B) comply with all state and local laws
applicable to keeping domestic animals; and
(C) notify the applicable county or municipality
if the transferee is no longer able to humanely care for the animal;
and
(3) must require the applicable county or municipality
to take possession of the animal on:
(A) receipt of the notice under Subdivision
(2)(C); or
(B) a finding by the commissioners court or
municipal governing body, as applicable, that the transferee is no
longer able to humanely care for the animal.
(e) A county or municipality that transfers an animal under
this section:
(1) is not liable in a civil action for any damages
arising from the transfer, including damages arising from the
animal's law enforcement training; and
(2) is not liable for veterinary expenses of the
transferred animal, including expenses associated with care for a
condition of the animal that existed before or at the time of
transfer, regardless of whether the applicable law enforcement
agency, county, or municipality was aware of the condition.
(f) This section does not:
(1) require an animal to be transferred under this
section;
(2) affect a county's or municipality's authority to
care for retired law enforcement animals; or
(3) waive the governmental immunity to suit and from
liability of the county or municipality transferring an animal.
SECTION 3. 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, 2019.