TX
Texas House Bill HB3063

Texas 2019 - 86th Regular

Texas House Bill HB3063 Compare Versions

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1-86R22669 JTS-F
1+86R7661 JTS-F
22 By: Smithee H.B. No. 3063
3- Substitute the following for H.B. No. 3063:
4- By: Burns C.S.H.B. No. 3063
53
64
75 A BILL TO BE ENTITLED
86 AN ACT
9- relating to the transfer of a retired law enforcement animal.
7+ relating to the transfer of a retired county or municipal law
8+ enforcement animal.
109 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11- SECTION 1. Chapter 614, Government Code, is amended by
12- adding Subchapter L to read as follows:
13- SUBCHAPTER L. RETIREMENT OF LAW ENFORCEMENT ANIMAL
14- Sec. 614.211. DEFINITIONS. In this subchapter:
15- (1) "Head of a law enforcement agency" means the
16- highest-ranking peace officer in a law enforcement agency,
17- including the director, sheriff, constable, or police chief, as
18- applicable.
19- (2) "Law enforcement agency" means an office,
20- department, or other division of this state or a political
21- subdivision of this state, including a county, municipality, school
22- district, or hospital district, that is authorized by law to employ
23- peace officers.
24- Sec. 614.212. SUITABILITY AND ELIGIBILITY OF ANIMAL. (a)
25- The governing body of a state agency or political subdivision may
26- enter into a contract with a person for the transfer of a law
27- enforcement dog, horse, or other animal that has been determined by
28- the applicable head of a law enforcement agency or that person's
29- designee to be:
10+ SECTION 1. Section 263.152(a), Local Government Code, is
11+ amended to read as follows:
12+ (a) The commissioners court of a county may:
13+ (1) periodically sell the county's surplus or salvage
14+ property by competitive bid or auction, except that competitive
15+ bidding or an auction is not necessary if the purchaser is another
16+ county or a political subdivision within the county that is selling
17+ the surplus or salvage property;
18+ (2) offer the property as a trade-in for new property
19+ of the same general type if the commissioners court considers that
20+ action to be in the best interests of the county;
21+ (3) order any of the property to be destroyed or
22+ otherwise disposed of as worthless if the commissioners court
23+ undertakes to sell that property under Subdivision (1) and is
24+ unable to do so because no bids are made;
25+ (4) dispose of the property by donating it to a civic
26+ or charitable organization located in the county if the
27+ commissioners court determines that:
28+ (A) undertaking to sell the property under
29+ Subdivision (1) would likely result in no bids or a bid price that
30+ is less than the county's expenses required for the bid process;
31+ (B) the donation serves a public purpose; and
32+ (C) the organization will provide the county with
33+ adequate consideration, such as relieving the county of
34+ transportation or disposal expenses related to the property;
35+ (5) transfer gambling equipment in the possession of
36+ the county following its forfeiture to the state to the Texas
37+ Facilities [Building and Procurement] Commission for sale under
38+ Section 2175.904, Government Code; [or]
39+ (6) order any vehicle retired under a program designed
40+ to encourage the use of low-emission vehicles to be crushed and
41+ recycled, if practicable, without a competitive bid or auction; or
42+ (7) by order or resolution, transfer a retired law
43+ enforcement animal as provided by Section 272.007.
44+ SECTION 2. Chapter 272, Local Government Code, is amended
45+ by adding Section 272.007 to read as follows:
46+ Sec. 272.007. TRANSFER OF RETIRED LAW ENFORCEMENT ANIMAL.
47+ (a) The commissioners court of a county or the governing body of a
48+ municipality may enter into a contract with a person for the
49+ transfer of a law enforcement dog, horse, or other animal that has
50+ been determined by the head of the applicable law enforcement
51+ agency to be:
3052 (1) suitable for transfer, after consulting with the
3153 animal's veterinarian, handlers, and other caretakers; and
32- (2) surplus to the needs of the state agency or
33- political subdivision because the animal is:
54+ (2) surplus to the needs of the county or municipality
55+ because the animal is:
3456 (A) at the end of the animal's working life; or
3557 (B) subject to circumstances that justify making
3658 the animal available for transfer before the end of the animal's
3759 working life, including:
3860 (i) the death of the animal's handler in the
3961 line of duty or as a result of injuries sustained in the line of
4062 duty; or
4163 (ii) the medical retirement of the animal's
4264 handler as a result of injuries sustained in the line of duty.
43- (b) The head of a state law enforcement agency may execute a
44- contract under this subchapter on behalf of the state agency.
45- Sec. 614.213. TRANSFEREE. (a) A law enforcement animal
46- determined to be suitable and eligible for transfer under Section
47- 614.212 may be transferred only to a person who is:
65+ (b) A law enforcement animal determined to be suitable and
66+ eligible for transfer under Subsection (a) may be transferred only
67+ to a person who is:
4868 (1) capable of humanely caring for the animal; and
49- (2) selected by the applicable head of a law
50- enforcement agency or that person's designee in the following order
51- of priority, as applicable:
69+ (2) selected by the head of the applicable law
70+ enforcement agency in the following order of priority, as
71+ applicable:
5272 (A) the animal's former handler who medically
5373 retired as a result of injuries sustained in the line of duty;
5474 (B) the parent, child, spouse, or sibling of the
5575 animal's former handler if the handler was killed in the line of
5676 duty or died from injuries sustained in the line of duty;
5777 (C) a former handler not described by Paragraph
5878 (A);
5979 (D) a peace officer, county jailer, or
6080 telecommunicator other than the animal's handler; or
6181 (E) another person.
62- (b) If more than one person in a category of authorized
63- transferees under Subsection (a)(2) requests to receive the animal,
64- the applicable head of a law enforcement agency or that person's
65- designee shall determine which of the potential transferees would
66- best serve the best interest of the animal and the applicable state
67- agency or political subdivision.
68- Sec. 614.214. CONTRACT. A contract for a transfer under
69- this subchapter:
82+ (c) If more than one person in a category of authorized
83+ transferees under Subsection (b)(2) requests to receive the animal,
84+ the head of the applicable law enforcement agency shall determine
85+ which of the potential transferees would best serve the best
86+ interest of the animal and the applicable county or municipality.
87+ (d) A contract for a transfer under this section:
7088 (1) may provide for the transfer without charge to the
7189 transferee;
7290 (2) must require the transferee to:
7391 (A) humanely care for the animal, including
7492 providing food, shelter, and regular and appropriate veterinary
7593 care, including medication, to properly provide for the animal's
7694 health;
7795 (B) comply with all state and local laws
7896 applicable to keeping domestic animals; and
79- (C) notify the applicable state agency or
80- political subdivision if the transferee is no longer able to
81- humanely care for the animal; and
82- (3) must require the applicable state agency or
83- political subdivision to take possession of the animal on:
97+ (C) notify the applicable county or municipality
98+ if the transferee is no longer able to humanely care for the animal;
99+ and
100+ (3) must require the applicable county or municipality
101+ to take possession of the animal on:
84102 (A) receipt of the notice under Subdivision
85103 (2)(C); or
86- (B) a finding by the governing body of the state
87- agency or political subdivision that the transferee is no longer
88- able to humanely care for the animal.
89- Sec. 614.215. LIABILITY. A state agency or political
90- subdivision that transfers an animal under this subchapter:
104+ (B) a finding by the commissioners court or
105+ municipal governing body, as applicable, that the transferee is no
106+ longer able to humanely care for the animal.
107+ (e) A county or municipality that transfers an animal under
108+ this section:
91109 (1) is not liable in a civil action for any damages
92110 arising from the transfer, including damages arising from the
93111 animal's law enforcement training; and
94112 (2) is not liable for veterinary expenses of the
95113 transferred animal, including expenses associated with care for a
96114 condition of the animal that existed before or at the time of
97115 transfer, regardless of whether the applicable law enforcement
98- agency, state agency, or political subdivision was aware of the
99- condition.
100- Sec. 614.216. EFFECT OF SUBCHAPTER. This subchapter does
101- not:
116+ agency, county, or municipality was aware of the condition.
117+ (f) This section does not:
102118 (1) require an animal to be transferred under this
103- subchapter;
104- (2) affect a state agency's or political subdivision's
105- authority to care for retired law enforcement animals; or
106- (3) waive sovereign or governmental immunity to suit
107- and from liability of the state agency or political subdivision
108- transferring an animal.
109- Sec. 614.217. EFFECT OF SURPLUS OR SALVAGE LAW. Subchapter
110- D, Chapter 2175, of this code, Subchapter D, Chapter 263, Local
111- Government Code, and other similar laws regarding the disposition
112- of surplus or salvage property do not apply to the transfer of a law
113- enforcement animal under this subchapter.
114- SECTION 2. This Act takes effect immediately if it receives
119+ section;
120+ (2) affect a county's or municipality's authority to
121+ care for retired law enforcement animals; or
122+ (3) waive the governmental immunity to suit and from
123+ liability of the county or municipality transferring an animal.
124+ SECTION 3. This Act takes effect immediately if it receives
115125 a vote of two-thirds of all the members elected to each house, as
116126 provided by Section 39, Article III, Texas Constitution. If this
117127 Act does not receive the vote necessary for immediate effect, this
118128 Act takes effect September 1, 2019.