Texas 2019 - 86th Regular

Texas Senate Bill SB2100 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 2100
	1	+	By: Birdwell, et al. S.B. No. 2100
	2	+	(Smithee, Geren, Tinderholt)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to the transfer of a retired law enforcement animal.
6	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
7	9		SECTION 1. Chapter 614, Government Code, is amended by
8	10		adding Subchapter L to read as follows:
9	11		SUBCHAPTER L. RETIREMENT OF LAW ENFORCEMENT ANIMAL
10	12		Sec. 614.211. DEFINITIONS. In this subchapter:
11	13		(1) "Head of a law enforcement agency" means the
12	14		highest-ranking peace officer in a law enforcement agency,
13	15		including the director, sheriff, constable, or police chief, as
14	16		applicable.
15	17		(2) "Law enforcement agency" means an office,
16	18		department, or other division of this state or a political
17	19		subdivision of this state, including a county, municipality, school
18	20		district, or hospital district, that is authorized by law to employ
19	21		peace officers.
20	22		Sec. 614.212. SUITABILITY AND ELIGIBILITY OF ANIMAL.
21	23		(a) The governing body of a state agency or political subdivision
22	24		may enter into a contract with a person for the transfer of a law
23	25		enforcement dog, horse, or other animal that has been determined by
24	26		the applicable head of a law enforcement agency or that person's
25	27		designee to be:
26	28		(1) suitable for transfer, after consulting with the
27	29		animal's veterinarian, handlers, and other caretakers; and
28	30		(2) surplus to the needs of the state agency or
29	31		political subdivision because the animal is:
30	32		(A) at the end of the animal's working life; or
31	33		(B) subject to circumstances that justify making
32	34		the animal available for transfer before the end of the animal's
33	35		working life, including:
34	36		(i) the death of the animal's handler in the
35	37		line of duty or as a result of injuries sustained in the line of
36	38		duty; or
37	39		(ii) the medical retirement of the animal's
38	40		handler as a result of injuries sustained in the line of duty.
39	41		(b) The head of a state law enforcement agency may execute a
40	42		contract under this subchapter on behalf of the state agency.
41	43		Sec. 614.213. TRANSFEREE. (a) A law enforcement animal
42	44		determined to be suitable and eligible for transfer under Section
43	45		614.212 may be transferred only to a person who is:
44	46		(1) capable of humanely caring for the animal; and
45	47		(2) selected by the applicable head of a law
46	48		enforcement agency or that person's designee in the following order
47	49		of priority, as applicable:
48	50		(A) the animal's former handler who medically
49	51		retired as a result of injuries sustained in the line of duty;
50	52		(B) the parent, child, spouse, or sibling of the
51	53		animal's former handler if the handler was killed in the line of
52	54		duty or died from injuries sustained in the line of duty;
53	55		(C) a former handler not described by Paragraph
54	56		(A);
55	57		(D) a peace officer, county jailer, or
56	58		telecommunicator other than the animal's handler; or
57	59		(E) another person.
58	60		(b) If more than one person in a category of authorized
59	61		transferees under Subsection (a)(2) requests to receive the animal,
60	62		the applicable head of a law enforcement agency or that person's
61	63		designee shall determine which of the potential transferees would
62	64		best serve the best interest of the animal and the applicable state
63	65		agency or political subdivision.
64	66		Sec. 614.214. CONTRACT. A contract for a transfer under
65	67		this subchapter:
66	68		(1) may provide for the transfer without charge to the
67	69		transferee;
68	70		(2) must require the transferee to:
69	71		(A) humanely care for the animal, including
70	72		providing food, shelter, and regular and appropriate veterinary
71	73		care, including medication, to properly provide for the animal's
72	74		health;
73	75		(B) comply with all state and local laws
74	76		applicable to keeping domestic animals; and
75	77		(C) notify the applicable state agency or
76	78		political subdivision if the transferee is no longer able to
77	79		humanely care for the animal; and
78	80		(3) must require the applicable state agency or
79	81		political subdivision to take possession of the animal on:
80	82		(A) receipt of the notice under Subdivision
81	83		(2)(C); or
82	84		(B) a finding by the governing body of the state
83	85		agency or political subdivision that the transferee is no longer
84	86		able to humanely care for the animal.
85	87		Sec. 614.215. LIABILITY. A state agency or political
86	88		subdivision that transfers an animal under this subchapter:
87	89		(1) is not liable in a civil action for any damages
88	90		arising from the transfer, including damages arising from the
89	91		animal's law enforcement training; and
90	92		(2) is not liable for veterinary expenses of the
91	93		transferred animal, including expenses associated with care for a
92	94		condition of the animal that existed before or at the time of
93	95		transfer, regardless of whether the applicable law enforcement
94	96		agency, state agency, or political subdivision was aware of the
95	97		condition.
96	98		Sec. 614.216. EFFECT OF SUBCHAPTER. This subchapter does
97	99		not:
98	100		(1) require an animal to be transferred under this
99	101		subchapter;
100	102		(2) affect a state agency's or political subdivision's
101	103		authority to care for retired law enforcement animals; or
102	104		(3) waive sovereign or governmental immunity to suit
103	105		and from liability of the state agency or political subdivision
104	106		transferring an animal.
105	107		Sec. 614.217. EFFECT OF SURPLUS OR SALVAGE LAW. Subchapter
106	108		D, Chapter 2175, of this code, Subchapter D, Chapter 263, Local
107	109		Government Code, and other similar laws regarding the disposition
108	110		of surplus or salvage property do not apply to the transfer of a law
109	111		enforcement animal under this subchapter.
110	112		SECTION 2. This Act takes effect immediately if it receives
111	113		a vote of two-thirds of all the members elected to each house, as
112	114		provided by Section 39, Article III, Texas Constitution. If this
113	115		Act does not receive the vote necessary for immediate effect, this
114	116		Act takes effect September 1, 2019.
115		-	______________________________ ______________________________
116		-	President of the Senate Speaker of the House
117		-	I hereby certify that S.B. No. 2100 passed the Senate on
118		-	April 17, 2019, by the following vote: Yeas 31, Nays 0.
119		-	______________________________
120		-	Secretary of the Senate
121		-	I hereby certify that S.B. No. 2100 passed the House on
122		-	May 1, 2019, by the following vote: Yeas 142, Nays 0, two present
123		-	not voting.
124		-	______________________________
125		-	Chief Clerk of the House
126		-	Approved:
127		-	______________________________
128		-	Date
129		-	______________________________
130		-	Governor