H.B. No. 2063
AN ACT
relating to required informed consent before a dog or cat may be
boarded at a kennel and left unattended; providing a civil penalty.
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, including a veterinary
medicine clinic, that provides boarding and related services to
dogs or cats for breeding, sheltering, training, hunting, or
similar purposes in exchange for compensation or other
consideration.
Sec. 824.002. EXCEPTIONS TO APPLICABILITY OF CHAPTER. This
chapter does not apply to:
(1) an animal shelter as defined by Chapter 823; or
(2) a kennel that boards not more than three dogs or
cats at any time.
Sec. 824.003. REQUIRED INFORMED CONSENT FOR BOARDING OR
PROVIDING SERVICES TO DOG OR CAT TO BE LEFT UNATTENDED. A kennel
owner or operator who is boarding or providing services to a dog or
cat at the kennel may not leave the dog or cat unattended without an
employee present unless:
(1) the kennel owner or operator provides to the owner
of the dog or cat written notice that:
(A) the dog or cat will be left unattended at the
kennel without an employee present during the hours specified in
the notice; and
(B) if the kennel is not equipped with a
functioning fire protection sprinkler system, the facility does not
have a fire protection sprinkler system; and
(2) the owner of the dog or cat provides to the kennel
owner or operator a signed document consenting to the dog or cat
being left unattended as provided in the notice.
Sec. 824.004. CIVIL PENALTY. (a) A kennel owner or
operator who violates Section 824.003 is liable for a civil penalty
in an amount equal to $500 for each animal subject to the violation
and for each day the violation continues.
(b) The attorney general or the appropriate district or
county attorney may:
(1) bring an action on behalf of this state to collect
the civil penalty under this section; and
(2) recover attorney's fees and costs incurred in
bringing the action.
SECTION 2. This Act takes effect September 1, 2023.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2063 was passed by the House on April
28, 2023, by the following vote: Yeas 109, Nays 35, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2063 was passed by the Senate on May
15, 2023, by the following vote: Yeas 28, Nays 3.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor