88R11037 MCF-F
By: Morales of Harris H.B. No. 3587
A BILL TO BE ENTITLED
AN ACT
relating to the required sterilization of adult animals seized and
placed in the custody of a releasing agency more than once.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 10, Health and Safety Code, is amended by
adding Chapter 828A to read as follows:
CHAPTER 828A. REQUIRED STERILIZATION OF CERTAIN ADULT ANIMALS
Sec. 828A.001. DEFINITIONS. In this chapter:
(1) "Adult animal" means a dog or cat six months of age
or older.
(2) "Releasing agency," "sterilization," and
"veterinarian" have the meanings assigned by Section 828.001.
Sec. 828A.002. NOTICE TO OWNER OF ADULT ANIMAL SEIZED AND
PLACED IN CUSTODY OF RELEASING AGENCY. (a) This section applies to
an unsterilized adult animal that was seized while running at large
and placed in the custody of a releasing agency.
(b) Not later than the 30th day after the date a releasing
agency releases an adult animal described by Subsection (a) to the
animal's owner, the releasing agency shall provide to the owner
written notice that:
(1) if the animal is again seized while running at
large and placed in the custody of the releasing agency, state law
requires the owner to have the animal sterilized by a veterinarian;
or
(2) if the animal was previously seized while running
at large and placed in the custody of the releasing agency, state
law requires the owner to have the animal sterilized by a
veterinarian not later than the 60th day after the date the notice
is provided unless an exemption under Section 828A.003 applies.
Sec. 828A.003. REQUIRED STERILIZATION OF CERTAIN ANIMALS;
EXEMPTIONS. (a) Except as provided by Subsection (c), not later
than the 60th day after the date a releasing agency provides the
notice required under Section 828A.002(b)(2) to the owner of an
unsterilized adult animal, the owner shall:
(1) have the animal sterilized by a veterinarian; and
(2) submit to the releasing agency a form provided by
the releasing agency and signed by the veterinarian who performed
the sterilization verifying the animal's sterilization.
(b) Except as provided by Subsection (c), if an unsterilized
adult animal is seized while running at large and placed in the
custody of a releasing agency a third time, the releasing agency may
not release the animal to the animal's owner until:
(1) a veterinarian employed or contracted by the
releasing agency sterilizes the animal; and
(2) the owner of the animal reimburses the releasing
agency for the costs associated with the sterilization.
(c) An unsterilized adult animal's owner is exempt from the
requirement of having the animal sterilized under Subsection (a) or
(b) if:
(1) the animal is registered with a national registry
as a sporting dog, livestock dog, or working dog;
(2) the owner is a member of a national breed club,
local breed club, local all-breed club, sporting club, or hunting
club;
(3) the animal was running at large at the time it was
seized due to a fire, weather emergency, or criminal or negligent
act of a third party who was not residing at the owner's residence
at the time of the act; or
(4) the releasing agency did not provide to the owner
the notice required under Section 828A.002(b)(1).
Sec. 828A.004. EFFECT OF CHAPTER ON OTHER LAW. This chapter
preempts an ordinance, order, or regulation relating to the
sterilization of an adult animal unless the ordinance, order, or
regulation:
(1) is compatible with and at least as stringent as
this chapter; or
(2) relates to an issue not specifically addressed by
this chapter.
SECTION 2. The first time an adult animal is seized while
running at large and placed in the custody of a releasing agency on
or after the effective date of this Act is considered the first
seizure and placement of the animal with that agency for purposes of
Chapter 828A, Health and Safety Code, as added by this Act,
regardless of the number of times the animal was seized and placed
in the custody of the releasing agency preceding the effective date
of this Act.
SECTION 3. This Act takes effect September 1, 2023.