Texas 2023 - 88th Regular

Texas House Bill HB3587 Compare Versions

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1	1	88R11037 MCF-F
2	2	By: Morales of Harris H.B. No. 3587
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the required sterilization of adult animals seized and
8	8	placed in the custody of a releasing agency more than once.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Title 10, Health and Safety Code, is amended by
11	11	adding Chapter 828A to read as follows:
12	12	CHAPTER 828A. REQUIRED STERILIZATION OF CERTAIN ADULT ANIMALS
13	13	Sec. 828A.001. DEFINITIONS. In this chapter:
14	14	(1) "Adult animal" means a dog or cat six months of age
15	15	or older.
16	16	(2) "Releasing agency," "sterilization," and
17	17	"veterinarian" have the meanings assigned by Section 828.001.
18	18	Sec. 828A.002. NOTICE TO OWNER OF ADULT ANIMAL SEIZED AND
19	19	PLACED IN CUSTODY OF RELEASING AGENCY. (a) This section applies to
20	20	an unsterilized adult animal that was seized while running at large
21	21	and placed in the custody of a releasing agency.
22	22	(b) Not later than the 30th day after the date a releasing
23	23	agency releases an adult animal described by Subsection (a) to the
24	24	animal's owner, the releasing agency shall provide to the owner
25	25	written notice that:
26	26	(1) if the animal is again seized while running at
27	27	large and placed in the custody of the releasing agency, state law
28	28	requires the owner to have the animal sterilized by a veterinarian;
29	29	or
30	30	(2) if the animal was previously seized while running
31	31	at large and placed in the custody of the releasing agency, state
32	32	law requires the owner to have the animal sterilized by a
33	33	veterinarian not later than the 60th day after the date the notice
34	34	is provided unless an exemption under Section 828A.003 applies.
35	35	Sec. 828A.003. REQUIRED STERILIZATION OF CERTAIN ANIMALS;
36	36	EXEMPTIONS. (a) Except as provided by Subsection (c), not later
37	37	than the 60th day after the date a releasing agency provides the
38	38	notice required under Section 828A.002(b)(2) to the owner of an
39	39	unsterilized adult animal, the owner shall:
40	40	(1) have the animal sterilized by a veterinarian; and
41	41	(2) submit to the releasing agency a form provided by
42	42	the releasing agency and signed by the veterinarian who performed
43	43	the sterilization verifying the animal's sterilization.
44	44	(b) Except as provided by Subsection (c), if an unsterilized
45	45	adult animal is seized while running at large and placed in the
46	46	custody of a releasing agency a third time, the releasing agency may
47	47	not release the animal to the animal's owner until:
48	48	(1) a veterinarian employed or contracted by the
49	49	releasing agency sterilizes the animal; and
50	50	(2) the owner of the animal reimburses the releasing
51	51	agency for the costs associated with the sterilization.
52	52	(c) An unsterilized adult animal's owner is exempt from the
53	53	requirement of having the animal sterilized under Subsection (a) or
54	54	(b) if:
55	55	(1) the animal is registered with a national registry
56	56	as a sporting dog, livestock dog, or working dog;
57	57	(2) the owner is a member of a national breed club,
58	58	local breed club, local all-breed club, sporting club, or hunting
59	59	club;
60	60	(3) the animal was running at large at the time it was
61	61	seized due to a fire, weather emergency, or criminal or negligent
62	62	act of a third party who was not residing at the owner's residence
63	63	at the time of the act; or
64	64	(4) the releasing agency did not provide to the owner
65	65	the notice required under Section 828A.002(b)(1).
66	66	Sec. 828A.004. EFFECT OF CHAPTER ON OTHER LAW. This chapter
67	67	preempts an ordinance, order, or regulation relating to the
68	68	sterilization of an adult animal unless the ordinance, order, or
69	69	regulation:
70	70	(1) is compatible with and at least as stringent as
71	71	this chapter; or
72	72	(2) relates to an issue not specifically addressed by
73	73	this chapter.
74	74	SECTION 2. The first time an adult animal is seized while
75	75	running at large and placed in the custody of a releasing agency on
76	76	or after the effective date of this Act is considered the first
77	77	seizure and placement of the animal with that agency for purposes of
78	78	Chapter 828A, Health and Safety Code, as added by this Act,
79	79	regardless of the number of times the animal was seized and placed
80	80	in the custody of the releasing agency preceding the effective date
81	81	of this Act.
82	82	SECTION 3. This Act takes effect September 1, 2023.