87S30311 MCF-D
By: Talarico H.B. No. 147
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of kennels; creating a criminal offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 10, Health and Safety Code, is amended by
adding Chapter 824 to read as follows:
CHAPTER 824. KENNELS
Sec. 824.001. DEFINITIONS. In this chapter:
(1) "Fire protection sprinkler system" has the meaning
assigned by Section 766.051.
(2) "Kennel" means a facility that provides boarding
and related services to cats or dogs for the purpose of breeding,
sheltering, training, or hunting, or similar purposes in exchange
for compensation or other consideration.
Sec. 824.002. APPLICABILITY. This chapter does not apply
to:
(1) an animal shelter as defined by Chapter 823;
(2) a veterinary medicine clinic; or
(3) a kennel that boards not more than three dogs or
cats at any time.
Sec. 824.003. REQUIRED SMOKE OR SIMILAR DETECTION SYSTEM OR
EMPLOYEE PRESENCE. (a) A kennel owner or operator shall:
(1) install and maintain in good working order a smoke
or similar detection system in each building on the premises of the
kennel; or
(2) ensure a kennel employee remains on the premises
of the kennel at all times when one or more dogs or cats are on the
premises for boarding and related services.
(b) The system required under Subsection (a)(1) must:
(1) include a fire protection sprinkler system;
(2) be operable at all times when a cat or dog is on the
premises of the kennel; and
(3) instantaneously alert a kennel employee and each
local fire department with jurisdiction over the kennel on
detection of a fire or potential fire hazard that triggers the
system.
Sec. 824.004. CRIMINAL PENALTY. (a) A kennel owner or
operator commits an offense if:
(1) the owner or operator violates Section 824.003;
and
(2) the violation results in the injury or death of a
cat or dog boarded at or receiving services from the kennel.
(b) An offense under this section is a Class B misdemeanor.
SECTION 2. This Act takes effect on the 91st day after the
last day of the legislative session.