| 1 | 1 | | By: González of El Paso H.B. No. 4330 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to a report of animal cruelty to certain law enforcement |
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| 7 | 7 | | agencies and immunity from liability for the report. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. The heading to Subchapter B, Chapter 821, Health |
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| 10 | 10 | | and Safety Code, is amended to read as follows: |
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| 11 | 11 | | SUBCHAPTER B. [DISPOSITION OF] CRUELLY TREATED ANIMALS |
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| 12 | 12 | | SECTION 2. Subchapter B, Chapter 821, Health and Safety |
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| 13 | 13 | | Code, is amended by adding Section 821.027 to read as follows: |
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| 14 | 14 | | Sec. 821.027. REPORT OF ANIMAL CRUELTY; IMMUNITIES. (a) A |
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| 15 | 15 | | veterinarian licensed to practice veterinary medicine in this state |
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| 16 | 16 | | or an employee of the Health and Human Services Commission or the |
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| 17 | 17 | | Department of Family and Protective Services who is acting within |
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| 18 | 18 | | the scope of practice or employment and has reasonable cause to |
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| 19 | 19 | | believe that a person has committed an offense under Section |
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| 20 | 20 | | 42.092, Penal Code, with respect to a domesticated nonlivestock |
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| 21 | 21 | | animal shall report, as soon as possible, the suspected offense to: |
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| 22 | 22 | | (1) the county sheriff's department of the county in |
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| 23 | 23 | | which the suspected offense was committed; or |
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| 24 | 24 | | (2) the municipal police department of the |
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| 25 | 25 | | municipality in which the suspected offense was committed. |
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| 26 | 26 | | (b) For purposes of Subsections (a) and (b), if the |
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| 27 | 27 | | veterinarian or employee is unable to determine the county or |
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| 28 | 28 | | municipality in which the suspected offense was committed, the |
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| 29 | 29 | | veterinarian or employee shall report the suspected offense to the |
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| 30 | 30 | | appropriate authorities in the county or municipality in which the |
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| 31 | 31 | | animal was located at the time the veterinarian or employee |
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| 32 | 32 | | discovered the suspected offense. |
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| 33 | 33 | | (c) Unless the person acted in bad faith or maliciously, a |
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| 34 | 34 | | person is immune from civil or criminal liability and is not subject |
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| 35 | 35 | | to administrative disciplinary action for: |
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| 36 | 36 | | (1) submitting a report under this section; |
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| 37 | 37 | | (2) assisting in an investigation of a report under |
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| 38 | 38 | | this section; |
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| 39 | 39 | | (3) providing records or information related to a |
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| 40 | 40 | | suspected offense under Section 42.092, Penal Code; or |
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| 41 | 41 | | (4) providing testimony or otherwise participating in |
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| 42 | 42 | | a court proceeding arising from the report, records, or |
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| 43 | 43 | | information. |
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| 44 | 44 | | SECTION 3. Section 821.027, Health and Safety Code, as |
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| 45 | 45 | | added by this Act, applies only to a suspected offense that was |
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| 46 | 46 | | committed, is reasonably believed to have been committed, or was |
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| 47 | 47 | | discovered on or after the effective date of this Act. |
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| 48 | 48 | | SECTION 4. This Act takes effect September 1, 2021. |
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