Texas 2023 - 88th Regular

Texas House Bill HB1458 Compare Versions

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1	1	88R5733 KKR-F
2	2	By: Rosenthal H.B. No. 1458
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the intake and disposition records of animal shelters
8	8	and releasing agencies.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. The heading to Chapter 823, Health and Safety
11	11	Code, is amended to read as follows:
12	12	CHAPTER 823. ANIMAL SHELTERS AND RELEASING AGENCIES
13	13	SECTION 2. Section 823.001, Health and Safety Code, is
14	14	amended by adding Subdivision (5) to read as follows:
15	15	(5) "Releasing agency" has the meaning assigned by
16	16	Section 828.001.
17	17	SECTION 3. Section 823.002, Health and Safety Code, is
18	18	amended to read as follows:
19	19	Sec. 823.002. EXEMPTION FOR CERTAIN COUNTIES, CLINICS, AND
20	20	FACILITIES. Except as provided by Sections 823.003(e) and 823.010,
21	21	this [This] chapter does not apply to:
22	22	(1) a county having a population of less than 75,000;
23	23	(2) a veterinary medicine clinic; or
24	24	(3) a livestock commission facility.
25	25	SECTION 4. The heading to Section 823.003, Health and
26	26	Safety Code, is amended to read as follows:
27	27	Sec. 823.003. STANDARDS FOR ANIMAL SHELTERS AND RELEASING
28	28	AGENCIES; CRIMINAL PENALTY.
29	29	SECTION 5. Section 823.003(e), Health and Safety Code, is
30	30	amended to read as follows:
31	31	(e) The executive commissioner of the Health and Human
32	32	Services Commission shall [may] require each person operating an
33	33	animal shelter or releasing agency to keep the records required by
34	34	Section 823.010. The executive commissioner shall require the
35	35	shelter or agency [of the date and disposition of animals in its
36	36	custody,] to maintain the records on the business premises of the
37	37	[animal] shelter or agency[,] and to make the records available for
38	38	inspection at reasonable times.
39	39	SECTION 6. Chapter 823, Health and Safety Code, is amended
40	40	by adding Section 823.010 to read as follows:
41	41	Sec. 823.010. INTAKE AND DISPOSITION RECORDS FOR ANIMAL
42	42	SHELTERS AND RELEASING AGENCIES. (a) Each animal shelter,
43	43	including a shelter operated by a municipality, or releasing agency
44	44	operated in this state shall prepare and maintain records on the
45	45	intake and disposition of animals in the custody of the shelter or
46	46	agency, including:
47	47	(1) the total number of live animals for which the
48	48	shelter or agency has assumed custody, categorized by species and
49	49	age;
50	50	(2) the reason the shelter or agency assumed custody
51	51	of an animal, including whether the animal was:
52	52	(A) surrendered by the animal's owner;
53	53	(B) surrendered by the animal's owner and the
54	54	owner requested that the animal be euthanized;
55	55	(C) impounded as a stray animal or an animal at
56	56	large;
57	57	(D) confiscated;
58	58	(E) transferred to the shelter or agency from a
59	59	location in this state;
60	60	(F) transferred to the shelter or agency from a
61	61	location outside this state; or
62	62	(G) born in the shelter or under the care of the
63	63	agency;
64	64	(3) the number of animals at the shelter or agency on
65	65	the last day of each month, categorized by species and age; and
66	66	(4) the disposition of each animal in the custody of
67	67	the shelter or agency, categorized by species and age, including
68	68	whether the animal:
69	69	(A) was adopted;
70	70	(B) was reclaimed by the animal's owner;
71	71	(C) died in the shelter or under the care of the
72	72	agency;
73	73	(D) was transferred from the shelter or agency;
74	74	(E) was euthanized by the shelter or agency on a
75	75	decision of the shelter or agency;
76	76	(F) was euthanized at the owner's request;
77	77	(G) was returned to the field as part of a
78	78	sterilization program; or
79	79	(H) was lost or stolen while in the shelter's or
80	80	agency's custody.
81	81	(b) In the records required by Subsection (a), an animal
82	82	shelter or releasing agency must use:
83	83	(1) for species, the categories of dog, cat, or other;
84	84	and
85	85	(2) for age, the categories of up to five months or
86	86	adult.
87	87	(c) An animal shelter or releasing agency monthly shall
88	88	prepare the records required by Subsection (a).
89	89	(d) An animal shelter or releasing agency shall maintain
90	90	records prepared under Subsection (a) until at least the third
91	91	anniversary of the date the record was prepared.
92	92	(e) An animal shelter or releasing agency shall make the
93	93	records required by this section available to the public by:
94	94	(1) posting the records on the shelter's,
95	95	municipality's, or agency's Internet website; or
96	96	(2) for a shelter, municipality, or agency that does
97	97	not have an Internet website, making the records available for
98	98	inspection and copying in a form regularly maintained by the
99	99	shelter, municipality, or agency.
100	100	SECTION 7. The changes in law made by this Act apply only to
101	101	an animal placed at or disposed of by an animal shelter or releasing
102	102	agency or counted in the shelter's or agency's animal total on or
103	103	after the effective date of this Act.
104	104	SECTION 8. This Act takes effect September 1, 2023.