S.B. No. 2100
AN ACT
relating to the transfer of a retired law enforcement animal.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 614, Government Code, is amended by
adding Subchapter L to read as follows:
SUBCHAPTER L. RETIREMENT OF LAW ENFORCEMENT ANIMAL
Sec. 614.211. DEFINITIONS. In this subchapter:
(1) "Head of a law enforcement agency" means the
highest-ranking peace officer in a law enforcement agency,
including the director, sheriff, constable, or police chief, as
applicable.
(2) "Law enforcement agency" means an office,
department, or other division of this state or a political
subdivision of this state, including a county, municipality, school
district, or hospital district, that is authorized by law to employ
peace officers.
Sec. 614.212. SUITABILITY AND ELIGIBILITY OF ANIMAL.
(a) The governing body of a state agency or political subdivision
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 applicable head of a law enforcement agency or that person's
designee 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 state agency or
political subdivision 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) The head of a state law enforcement agency may execute a
contract under this subchapter on behalf of the state agency.
Sec. 614.213. TRANSFEREE. (a) A law enforcement animal
determined to be suitable and eligible for transfer under Section
614.212 may be transferred only to a person who is:
(1) capable of humanely caring for the animal; and
(2) selected by the applicable head of a law
enforcement agency or that person's designee 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.
(b) If more than one person in a category of authorized
transferees under Subsection (a)(2) requests to receive the animal,
the applicable head of a law enforcement agency or that person's
designee shall determine which of the potential transferees would
best serve the best interest of the animal and the applicable state
agency or political subdivision.
Sec. 614.214. CONTRACT. A contract for a transfer under
this subchapter:
(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 state agency or
political subdivision if the transferee is no longer able to
humanely care for the animal; and
(3) must require the applicable state agency or
political subdivision to take possession of the animal on:
(A) receipt of the notice under Subdivision
(2)(C); or
(B) a finding by the governing body of the state
agency or political subdivision that the transferee is no longer
able to humanely care for the animal.
Sec. 614.215. LIABILITY. A state agency or political
subdivision that transfers an animal under this subchapter:
(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, state agency, or political subdivision was aware of the
condition.
Sec. 614.216. EFFECT OF SUBCHAPTER. This subchapter does
not:
(1) require an animal to be transferred under this
subchapter;
(2) affect a state agency's or political subdivision's
authority to care for retired law enforcement animals; or
(3) waive sovereign or governmental immunity to suit
and from liability of the state agency or political subdivision
transferring an animal.
Sec. 614.217. EFFECT OF SURPLUS OR SALVAGE LAW. Subchapter
D, Chapter 2175, of this code, Subchapter D, Chapter 263, Local
Government Code, and other similar laws regarding the disposition
of surplus or salvage property do not apply to the transfer of a law
enforcement animal under this subchapter.
SECTION 2. 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.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 2100 passed the Senate on
April 17, 2019, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 2100 passed the House on
May 1, 2019, by the following vote: Yeas 142, Nays 0, two present
not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor