Texas 2023 - 88th Regular

Texas House Bill HB2063 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	H.B. No. 2063
2	2
3	3
4	4	AN ACT
5	5	relating to required informed consent before a dog or cat may be
6	6	boarded at a kennel and left unattended; providing a civil penalty.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Title 10, Health and Safety Code, is amended by
9	9	adding Chapter 824 to read as follows:
10	10	CHAPTER 824. KENNELS
11	11	Sec. 824.001. DEFINITIONS. In this chapter:
12	12	(1) "Fire protection sprinkler system" has the meaning
13	13	assigned by Section 766.051.
14	14	(2) "Kennel" means a facility, including a veterinary
15	15	medicine clinic, that provides boarding and related services to
16	16	dogs or cats for breeding, sheltering, training, hunting, or
17	17	similar purposes in exchange for compensation or other
18	18	consideration.
19	19	Sec. 824.002. EXCEPTIONS TO APPLICABILITY OF CHAPTER. This
20	20	chapter does not apply to:
21	21	(1) an animal shelter as defined by Chapter 823; or
22	22	(2) a kennel that boards not more than three dogs or
23	23	cats at any time.
24	24	Sec. 824.003. REQUIRED INFORMED CONSENT FOR BOARDING OR
25	25	PROVIDING SERVICES TO DOG OR CAT TO BE LEFT UNATTENDED. A kennel
26	26	owner or operator who is boarding or providing services to a dog or
27	27	cat at the kennel may not leave the dog or cat unattended without an
28	28	employee present unless:
29	29	(1) the kennel owner or operator provides to the owner
30	30	of the dog or cat written notice that:
31	31	(A) the dog or cat will be left unattended at the
32	32	kennel without an employee present during the hours specified in
33	33	the notice; and
34	34	(B) if the kennel is not equipped with a
35	35	functioning fire protection sprinkler system, the facility does not
36	36	have a fire protection sprinkler system; and
37	37	(2) the owner of the dog or cat provides to the kennel
38	38	owner or operator a signed document consenting to the dog or cat
39	39	being left unattended as provided in the notice.
40	40	Sec. 824.004. CIVIL PENALTY. (a) A kennel owner or
41	41	operator who violates Section 824.003 is liable for a civil penalty
42	42	in an amount equal to $500 for each animal subject to the violation
43	43	and for each day the violation continues.
44	44	(b) The attorney general or the appropriate district or
45	45	county attorney may:
46	46	(1) bring an action on behalf of this state to collect
47	47	the civil penalty under this section; and
48	48	(2) recover attorney's fees and costs incurred in
49	49	bringing the action.
50	50	SECTION 2. This Act takes effect September 1, 2023.
51	51	______________________________ ______________________________
52	52	President of the Senate Speaker of the House
53	53	I certify that H.B. No. 2063 was passed by the House on April
54	54	28, 2023, by the following vote: Yeas 109, Nays 35, 2 present, not
55	55	voting.
56	56	______________________________
57	57	Chief Clerk of the House
58	58	I certify that H.B. No. 2063 was passed by the Senate on May
59	59	15, 2023, by the following vote: Yeas 28, Nays 3.
60	60	______________________________
61	61	Secretary of the Senate
62	62	APPROVED: _____________________
63	63	Date
64	64	_____________________
65	65	Governor