| 1 | 1 | | 87S30311 MCF-D |
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| 2 | 2 | | By: Talarico H.B. No. 147 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the regulation of kennels; creating a criminal offense. |
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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. Title 10, Health and Safety Code, is amended by |
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| 10 | 10 | | adding Chapter 824 to read as follows: |
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| 11 | 11 | | CHAPTER 824. KENNELS |
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| 12 | 12 | | Sec. 824.001. DEFINITIONS. In this chapter: |
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| 13 | 13 | | (1) "Fire protection sprinkler system" has the meaning |
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| 14 | 14 | | assigned by Section 766.051. |
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| 15 | 15 | | (2) "Kennel" means a facility that provides boarding |
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| 16 | 16 | | and related services to cats or dogs for the purpose of breeding, |
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| 17 | 17 | | sheltering, training, or hunting, or similar purposes in exchange |
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| 18 | 18 | | for compensation or other consideration. |
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| 19 | 19 | | Sec. 824.002. APPLICABILITY. This chapter does not apply |
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| 20 | 20 | | to: |
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| 21 | 21 | | (1) an animal shelter as defined by Chapter 823; |
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| 22 | 22 | | (2) a veterinary medicine clinic; or |
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| 23 | 23 | | (3) a kennel that boards not more than three dogs or |
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| 24 | 24 | | cats at any time. |
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| 25 | 25 | | Sec. 824.003. REQUIRED SMOKE OR SIMILAR DETECTION SYSTEM OR |
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| 26 | 26 | | EMPLOYEE PRESENCE. (a) A kennel owner or operator shall: |
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| 27 | 27 | | (1) install and maintain in good working order a smoke |
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| 28 | 28 | | or similar detection system in each building on the premises of the |
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| 29 | 29 | | kennel; or |
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| 30 | 30 | | (2) ensure a kennel employee remains on the premises |
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| 31 | 31 | | of the kennel at all times when one or more dogs or cats are on the |
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| 32 | 32 | | premises for boarding and related services. |
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| 33 | 33 | | (b) The system required under Subsection (a)(1) must: |
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| 34 | 34 | | (1) include a fire protection sprinkler system; |
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| 35 | 35 | | (2) be operable at all times when a cat or dog is on the |
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| 36 | 36 | | premises of the kennel; and |
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| 37 | 37 | | (3) instantaneously alert a kennel employee and each |
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| 38 | 38 | | local fire department with jurisdiction over the kennel on |
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| 39 | 39 | | detection of a fire or potential fire hazard that triggers the |
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| 40 | 40 | | system. |
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| 41 | 41 | | Sec. 824.004. CRIMINAL PENALTY. (a) A kennel owner or |
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| 42 | 42 | | operator commits an offense if: |
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| 43 | 43 | | (1) the owner or operator violates Section 824.003; |
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| 44 | 44 | | and |
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| 45 | 45 | | (2) the violation results in the injury or death of a |
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| 46 | 46 | | cat or dog boarded at or receiving services from the kennel. |
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| 47 | 47 | | (b) An offense under this section is a Class B misdemeanor. |
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| 48 | 48 | | SECTION 2. This Act takes effect on the 91st day after the |
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| 49 | 49 | | last day of the legislative session. |
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