By: Springer H.B. No. 3806
A BILL TO BE ENTITLED
AN ACT
relating to veterinary services provided by releasing agencies.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 828.001, Health and Safety Code, is
amended by adding Subsections 828.001(5).
Sec. 828.001. DEFINITIONS. In this chapter: (1) "New
owner" means a person who is legally competent to enter into a
binding contract and who is adopting a dog or cat from a releasing
agency.
(2) "Releasing agency" means a public or private
animal pound, shelter, or humane organization. The term does not
include an individual who occasionally renders humane assistance or
shelter in the individual's home to a dog or cat.
(3) "Sterilization" means the surgical removal of the
reproductive organs of a dog or cat or the use of nonsurgical
methods and technologies approved by the United States Food and
Drug Administration or the United States Department of Agriculture
to permanently render the animal unable to reproduce.
(4) "Veterinarian" means a person licensed to practice
veterinary medicine by the State Board of Veterinary Medical
Examiners.
(5) "Nonprofit" means an organization that provides
veterinary medical care to animals that is exempt from taxation
under Chapter 22 of the Business Organizations Code or by the
Internal Revenue Service under 26 U.S.C. ยง 501 (c).
SECTION 2. Section 828.0035, Health and Safety Code, is
amended by adding Subsections (3) and (4).
Sec. 828.0035. STATE BOARD OF VETERINARY MEDICAL EXAMINERS.
The State Board of Veterinary Medical Examiners shall:
(1) develop information sheets regarding surgical or
nonsurgical sterilization to be distributed by a releasing agency
to a new owner; and
(2) adopt rules requiring an animal that has been
sterilized under this chapter to receive an identification marker
in a manner authorized by the board.
(3) enforce Health and Safety Code Section 828.012
under the authority of Occupations Code 801.402, 801.508 and
801.504.
(4) establish a list of acceptable programs under Sec.
828.012(b)(1).
SECTION 4. Section 828.012, Health and Safety Code, is
amended by amending Subsections (b) and adding (b)(1).
Sec. 828.012. SURGERY AND OTHER VETERINARY SERVICES. (a)
Surgery or nonsurgical sterilization performed in accordance with
this chapter must be performed by a veterinarian or a full-time
student of an accredited college of veterinary medicine as provided
by Chapter 801, Occupations Code.
(b) A veterinarian employed by a releasing agency or
non-profit may not perform nonemergency veterinary services other
than sterilization and vaccinations on an animal that the releasing
or non-profit agency knows or should know has an owner. However,
this subsection does not prevent a veterinarian employed by a
releasing agency or non-profit from performing veterinary services
on an animal whose owner is indigent. as determined by;
(1) enrollment in a state or federal program for which
residents must meet certain low income levels to participate,
including but not limited to Medicaid, Supplemental Nutrition
Assistance Program, Section 8 Federal Public Housing Assistance
(FPHA), Low Income Home Energy Assistance Program (LIHEAP) and
Temporary Assistance for Needy Families (TANF), Veterans
Administration Disability and State Children's Health Insurance
program (SCHIP).
(c) A person associated with a releasing agency or
non-
profit may not interfere with the independent professional
judgment of a veterinarian employed by or under contract with the
releasing agency.
SECTION 5. Section 828.013, Health and Safety Code, is
amended.
Sec. 828.013. EXEMPTIONS. Except as provided by Health and
Safety Code 828.012. This other provisions of this chapter does do
not apply to:
(1) a dog or cat that is claimed from a releasing
agency by a person who already owns the animal;
(2) a releasing agency located in a municipality that
has in effect an ordinance providing standards for dog and cat
sterilization that exceed the requirements provided by this
chapter;
(3) an institution of higher education that purchases
or otherwise procures a dog or cat for the purpose of biomedical
research, testing, or teaching; or
(4) a releasing agency located in:
(A) a county with a population of 20,000 or less;
or
(B) a municipality with a population of 10,000 or
less.
SECTION 6. This Act takes effect September 1, 2019.