Texas 2019 - 86th Regular

Texas House Bill HB3806 Compare Versions

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

Old	New	Differences
1	1	By: Springer H.B. No. 3806
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to veterinary services provided by releasing agencies.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 828.001, Health and Safety Code, is
9	9	amended by adding Subsections 828.001(5).
10	10	Sec. 828.001. DEFINITIONS. In this chapter: (1) "New
11	11	owner" means a person who is legally competent to enter into a
12	12	binding contract and who is adopting a dog or cat from a releasing
13	13	agency.
14	14	(2) "Releasing agency" means a public or private
15	15	animal pound, shelter, or humane organization. The term does not
16	16	include an individual who occasionally renders humane assistance or
17	17	shelter in the individual's home to a dog or cat.
18	18	(3) "Sterilization" means the surgical removal of the
19	19	reproductive organs of a dog or cat or the use of nonsurgical
20	20	methods and technologies approved by the United States Food and
21	21	Drug Administration or the United States Department of Agriculture
22	22	to permanently render the animal unable to reproduce.
23	23	(4) "Veterinarian" means a person licensed to practice
24	24	veterinary medicine by the State Board of Veterinary Medical
25	25	Examiners.
26	26	(5) "Nonprofit" means an organization that provides
27	27	veterinary medical care to animals that is exempt from taxation
28	28	under Chapter 22 of the Business Organizations Code or by the
29	29	Internal Revenue Service under 26 U.S.C. § 501 (c).
30	30	SECTION 2. Section 828.0035, Health and Safety Code, is
31	31	amended by adding Subsections (3) and (4).
32	32	Sec. 828.0035. STATE BOARD OF VETERINARY MEDICAL EXAMINERS.
33	33	The State Board of Veterinary Medical Examiners shall:
34	34	(1) develop information sheets regarding surgical or
35	35	nonsurgical sterilization to be distributed by a releasing agency
36	36	to a new owner; and
37	37	(2) adopt rules requiring an animal that has been
38	38	sterilized under this chapter to receive an identification marker
39	39	in a manner authorized by the board.
40	40	(3) enforce Health and Safety Code Section 828.012
41	41	under the authority of Occupations Code 801.402, 801.508 and
42	42	801.504.
43	43	(4) establish a list of acceptable programs under Sec.
44	44	828.012(b)(1).
45	45	SECTION 4. Section 828.012, Health and Safety Code, is
46	46	amended by amending Subsections (b) and adding (b)(1).
47	47	Sec. 828.012. SURGERY AND OTHER VETERINARY SERVICES. (a)
48	48	Surgery or nonsurgical sterilization performed in accordance with
49	49	this chapter must be performed by a veterinarian or a full-time
50	50	student of an accredited college of veterinary medicine as provided
51	51	by Chapter 801, Occupations Code.
52	52	(b) A veterinarian employed by a releasing agency or
53	53	non-profit may not perform nonemergency veterinary services other
54	54	than sterilization and vaccinations on an animal that the releasing
55	55	or non-profit agency knows or should know has an owner. However,
56	56	this subsection does not prevent a veterinarian employed by a
57	57	releasing agency or non-profit from performing veterinary services
58	58	on an animal whose owner is indigent. as determined by;
59	59	(1) enrollment in a state or federal program for which
60	60	residents must meet certain low income levels to participate,
61	61	including but not limited to Medicaid, Supplemental Nutrition
62	62	Assistance Program, Section 8 Federal Public Housing Assistance
63	63	(FPHA), Low Income Home Energy Assistance Program (LIHEAP) and
64	64	Temporary Assistance for Needy Families (TANF), Veterans
65	65	Administration Disability and State Children's Health Insurance
66	66	program (SCHIP).
67	67	(c) A person associated with a releasing agency or
68	68	non-
69	69	profit may not interfere with the independent professional
70	70	judgment of a veterinarian employed by or under contract with the
71	71	releasing agency.
72	72	SECTION 5. Section 828.013, Health and Safety Code, is
73	73	amended.
74	74	Sec. 828.013. EXEMPTIONS. Except as provided by Health and
75	75	Safety Code 828.012. This other provisions of this chapter does do
76	76	not apply to:
77	77	(1) a dog or cat that is claimed from a releasing
78	78	agency by a person who already owns the animal;
79	79	(2) a releasing agency located in a municipality that
80	80	has in effect an ordinance providing standards for dog and cat
81	81	sterilization that exceed the requirements provided by this
82	82	chapter;
83	83	(3) an institution of higher education that purchases
84	84	or otherwise procures a dog or cat for the purpose of biomedical
85	85	research, testing, or teaching; or
86	86	(4) a releasing agency located in:
87	87	(A) a county with a population of 20,000 or less;
88	88	or
89	89	(B) a municipality with a population of 10,000 or
90	90	less.
91	91	SECTION 6. This Act takes effect September 1, 2019.