A BILL TO BE ENTITLED AN ACT. relating to restrictions on the operations of public and private BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

Please download to get full document.

View again

of 20
All materials on our website are shared by users. If you have any questions about copyright issues, please report us to resolve them. We are always happy to assist you.
Information Report
Category:

Brochures

Published:

Views: 0 | Pages: 20

Extension: PDF | Download: 0

Share
Related documents
Description
By:AAFarrar H.B.ANo.A0 A BILL TO BE ENTITLED 0 AN ACT relating to restrictions on the operations of public and private animal shelters, providing a penalty. BE IT ENACTED BY THE LEGISLATURE OF THE STATE
Transcript
By:AAFarrar H.B.ANo.A0 A BILL TO BE ENTITLED 0 AN ACT relating to restrictions on the operations of public and private animal shelters, providing a penalty. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTIONA.AASHORT TITLE. This Act may be cited as the Companion Animal Protection Act of 0. SECTIONA.AAChapter, Health and Safety Code, is amended by adding Section.0 to read as follows: Sec.A.0.AASTATEMENT OF LEGISLATIVE INTENT. (a) It is the intent of the State of Texas to curtail the killing of savable animals in the state. In order to accomplish this, the State of Texas finds and declares: ()AAprotecting animals is a legitimate and compelling public interest; ()AAthe killing of savable animals in animal shelters is a tragedy, the incidence of which ought to be curtailed; ()AAno animal should be killed if the animal can be placed in a suitable home, if a private sheltering agency or rescue group is willing to take care and custody of the animal for purposes of adoption, or, in the case of feral cats, if they can be sterilized and released to their habitats; ()AAanimals held in shelters deserve proper care and humane treatment; ()AAshelters have a duty to make all savable animals H.B.ANo.A0 0 available for adoption for a reasonable period of time; ()AAowners of lost animals should have a reasonable period of time within which to redeem their animals; ()AAshelters should not kill savable animals at the request of their owners; ()AAall efforts should be made to encourage the voluntary spaying and neutering of animals; ()AAwhen animals are killed, it should be done as humanely and compassionately as possible; ()AAtaxpayers and community members deserve full and complete disclosure about how animal shelters operate; (b)aathe State of Texas further finds and declares that all public and private sheltering agencies that operate within the state shall: ()AAcommit themselves to ending the killing of savable animals in their care and custody; ()AAwork with other animal adoption organizations to promote the adoption of animals and to reduce euthanasia rates; ()AAprovide every animal in their custody with individual consideration and care to the maximum extent practicable; ()AAnot ban, bar, limit or otherwise obstruct the adoption of any animal based on arbitrary criteria, such as breed, age, color, or other criteria except as to the individual animal s medical condition or aggression, or the adopter s fitness to adopt. SECTIONA.AAChapter, Health and Safety Code is amended to add Section.0 to read as follows: H.B.ANo.A0 0 SectionA.0.AADEFINITIONS. For purposes of this Act, the following definitions shall apply: (a)aaa Public Sheltering Agency is an animal shelter or animal adoption group that receives city, county or state funding and/or has a contract with a city, county or state under which it accepts stray or owner-relinquished animals. (b)aaa Private Sheltering Agency is an animal shelter or animal adoption group which is designated as a non-profit under Section 0(c)() of the Internal Revenue Code which does not receive city, county or state funding or have a contract with the city, county or state under which it accepts stray or owner-relinquished animals and is not operated from a private residence. (c)aaa Rescue Group is a collaboration of individuals not operated for a profit, whose primary stated purpose is animal protection, which places into new homes stray and/or owner-relinquished animals and/or animals who have been removed from a public or private sheltering agency. Individual rescuers who keep animals in their own homes but are not part of a larger collaboration are not a rescue group for purposes of this Act. (d)aaan Animal is any domestic non-human living creature normally kept as a pet, or a feral cat. (e)aaan Impounded animal is any animal who enters a public or private sheltering agency or rescue group regardless of whether the animal is a stray, owner-relinquished, seized, taken into protective custody, or transferred from another private or public sheltering agency. H.B.ANo.A0 0 (f)aaa Stray animal is any animal who is impounded without a known owner present at impound who is voluntarily relinquishing custody. (g)aaa Savable animal is any animal who is either healthy or treatable, and is not a vicious or dangerous dog. (h)aaa Healthy animal is any animal who is not sick or injured. (i)aaa Treatable animal is any animal who is sick or injured, whose prognosis for rehabilitation of that illness and/or injury is excellent, good, fair, or guarded as determined by a veterinarian licensed to practice in this state. (j)aaa Non-rehabilitatable animal is any animal with severe illness or injury whose prognosis for rehabilitation is either poor or grave as determined by a veterinarian licensed to practice in this state. (k)aaan Irremediably Suffering animal is any animal with a medical condition who has a poor or grave prognosis for being able to live without severe, unremitting pain, as determined by a veterinarian licensed to practice in this state. (l)aaa Feral Cat is a cat who is free-roaming, unsocialized to humans, and unowned. (m)aaa Feral Cat Caregiver is someone who cares for feral cats and has an interest in protecting the cats, but is not the owner of those cats. (n)aaan Unweaned animal is any neonatal animal who, in the absence of his/her mother, requires supplemental bottle feeding by humans in order to survive. In the case of puppies and kittens, unweaned animals are animals who fit the above from 0 to weeks of age. H.B.ANo.A0 description and are (o)aaa Litter of animals includes two or more animals who are under twelve weeks of age as determined by a veterinarian licensed to practice medicine in this state, or by a veterinary technician or veterinary assistant working under the direction of a veterinarian licensed to practice medicine in this state. (p)aaa Vicious Dog is a dog who exhibits aggression to people even when the dog is not hungry, in pain, or frightened, and whose prognosis for rehabilitation of that aggression is poor or grave as determined by a trained behaviorist who is an expert on canine behavior. (q)aaa Dangerous Dog is a dog adjudicated to be vicious by a court of competent jurisdiction and where all appeals of that judicial determination have been unsuccessful. SECTIONA.AAChapter, Health and Safety Code is amended to add Section.0 to read as follows: SectionA.0.AASTERILIZATION REQUIREMENTS. (a) Except as otherwise provided in this section, no public or private 0 sheltering agency or rescue group shall sell, adopt, or give away to a new owner any dog, cat, rabbit, or other animal who has not been spayed or neutered, except that this section shall not apply to reptiles, amphibians, birds, fish, and small animals such as mice and hamsters, where the anesthesia or likely to result in the animal s death. sterilization procedure is (b)aaif a veterinarian licensed to practice veterinary medicine in this state certifies that an animal is too sick or H.B.ANo.A0 0 injured to be spayed or neutered, or that it would otherwise be detrimental to the health of the animal to be spayed or neutered, the adopter or purchaser shall be exempt from the requirements of this Section. SECTIONA.AAChapter, Health and Safety Code is amended by adding Section.0 to read as follows: SectionA.0.AAOFFENSES AND PENALTIES. (a) A person is subject to civil penalties of not less than two hundred dollars ($00) or more than five hundred dollars ($00) if that person does any of the following: ()AAfalsifies any proof of spaying or neutering submitted for the purpose of compliance with this Act; ()AAintentionally issues a check for insufficient funds for any spaying or neutering deposit required under this Act; ()AAfalsifies a signed letter from a veterinarian submitted for the purpose of compliance with this Act, certifying that an animal is too sick or injured to be spayed or neutered. (b)aaan action for a penalty proposed under this section may be commenced in a court of competent jurisdiction by the administrator of the public or private animal sheltering agency or rescue group from which the recipient obtained the animal who is the subject of the violation. (c)aaall penalties collected under this section shall be retained by the agency bringing the action under subsection (b) to be used solely for programs to spay or neuter animals. SECTIONA.AAChapter, Health and Safety Code is amended to add Section.0 to read as follows: H.B.ANo.A0 0 SectionA.0.AAFERAL CATS. (a) Caretakers of feral cats shall be exempted from any provision of law proscribing the feeding of stray animals, requiring permits for the feeding of animals, requiring the confinement of cats, or limiting the number of animals a person can own, harbor, or have custody of, except that nothing in this section shall be construed to limit the enforcement of a statute having as its effect the prevention or punishment of animal neglect or cruelty, so long as such enforcement is based on the conditions of animals, and not based on the mere fact that a person is feeding feral cats in a public or private location. (b)aain order to encourage spay/neuter of feral cats and to protect cats, public or private sheltering agencies or rescue groups shall not lend, rent, or otherwise provide traps to the public to capture cats, except to a person for the purpose of catching and reclaiming that person s wayward cat(s), to capture injured or sick cats or cats otherwise in danger, to capture feral kittens for purposes of taming and adoption, or, in the case of feral cats, for purposes of spay/neuter and subsequent re-release; ()AAFor purposes of this subsection, the location of the cats, without more, does not constitute otherwise in danger ; ()AAA person is subject to civil penalties of not less than two hundred dollars ($00) or more than five hundred dollars ($00) if that person uses a trap from a public or private sheltering agency or rescue group for purposes other than those enumerated above. (c)aaan action for a penalty proposed under this section may be commenced in a court of competent jurisdiction by the H.B.ANo.A0 administrator of the public or private animal sheltering agency or rescue group from which the recipient obtained the trap that is the subject of the violation. (d)aaall penalties collected under this section shall be retained by the agency bringing the action under subsection (c) to be used solely for programs to spay or neuter animals. SECTIONA.AAChapter, Health and Safety Code is amended by adding Section.0 to read as follows: SectionA.0.AAHOLDING PERIODS. (a) The required holding period for a stray animal impounded by any public or private sheltering agency shall be at least five business days, not including the day of impoundment, unless otherwise provided in this section: ()AAStray animals without any form of identification and without a known owner shall be held for owner redemption during the first two days of the holding period, not including the day of impoundment, and shall be available for owner redemption, transfer, and adoption for the remainder of the holding period; 0 ()AAStray animals may be adopted into new homes or transferred to a rescue group or private sheltering agency for the purpose of adoption after the first two days of the holding period, not including the day of impoundment, except as provided in subsections (a)() to (); ()AAIf a stray animal is impounded with a license tag, microchip, or other form of identification, or belongs to a known owner, the animal shall be held for owner redemption during the first three days of the holding period, not including the day of H.B.ANo.A0 0 impoundment, and shall be available for owner redemption, transfer, and adoption for the remainder of the holding period; ()AALitters of animals or individual members of a litter of animals, including the nursing mother, and unweaned animals may be transferred to a private sheltering agency or rescue group for the purpose of adoption immediately after impound; ()AAIndividual members of litters of animals who are at least six weeks of age, including the mother, may be adopted immediately upon impound; ()AAA feral cat caregiver has the same right of redemption for feral cats as an owner of a pet cat, without conferring ownership of the cat(s) on the caregiver; ()AAIrremediably suffering animals may be euthanized without delay, upon a determination made in writing and signed by a veterinarian licensed to practice medicine in this state. That certification shall be made available for free public inspection for no less than three years; ()AASymptomatic dogs with confirmed cases of parvovirus or cats with confirmed cases of panleukopenia may be euthanized without delay, upon a certification made in writing and signed by a veterinarian licensed to practice medicine in this state that the prognosis is poor even with supportive care. That certification shall be made available for free public inspection for no less than three years; ()AAUnweaned animals impounded without their mother may be killed so long as the shelter has exhausted all efforts to place the animals in foster care, made an emergency appeal under the H.B.ANo.A0 requirements of Section, and certified that it is unable to provide the needed care and feeding in its facility. That certification shall also state in clear and definitive terms why the agency is unable to place the animals in foster care, which private sheltering agencies and rescue groups it made an appeal to, and what would be required in the future in order to provide the needed care and feeding in foster care or its facility, and what steps are being taken to do so. This certification shall be made in 0 writing, signed by the director of the agency or by a veterinarian, and be made available for free public inspection for no less than three years. SECTIONA.AAChapter, Health and Safety Code, is amended by adding Section.0 to read as follows: Section.0. SPECIAL PROVISIONS RELATED TO OWNER-RELINQUISHED ANIMALS. (a) The required holding period for an owner relinquished animal impounded by public or private sheltering agencies shall be the same as that for stray animals and applies to all owner relinquished animals, except as follows: ()AAAny owner-relinquished animal that is impounded shall be held for adoption or for transfer to a private sheltering agency or rescue group for the purpose of adoption for the entirety of the holding period; ()AAOwner-relinquished animals may be adopted into new homes or transferred to a private sheltering agency or rescue group for the purpose of adoption at any time after impoundment. (b)aawhen an animal is surrendered or brought to a shelter to be killed at the owner s request, the animal shall be subject to the H.B.ANo.A0 0 same holding periods and the same requirements of all owner relinquished animals notwithstanding the request. (c)aaan animal seized by an officer of a public or private sheltering agency under the provisions of a state statute having as its effect the prevention or punishment of animal neglect or cruelty, or seized under the provision of state dangerous dog laws or under state quarantine or disease control regulations, shall be impounded and held as consistent with the requirements of those laws, except that holding periods under this Chapter shall be observed to the maximum extent practicable. SECTIONA.AAChapter, Health and Safety Code, is amended by adding Section.0 to read as follows: SectionA.0.AAADDITIONAL PROGRAMS AND DUTIES. (a) All public and private sheltering agencies that kill animals shall maintain a registry of organizations willing to accept animals for the purposes of adoption, as follows: ()AAAll public or private sheltering agencies, and rescue groups designated as non-profits by Section 0(c)() of the Internal Revenue Code, shall be immediately placed on this registry upon their request, regardless of the organizations geographical location or any other factor except as described under subsection (a)(); ()AAThe public or private sheltering agency may, but is not required to, include on the registry any rescue groups that are not designated as non-profits under Section 0(c)() of the Internal Revenue Code; ()AAThe registry shall include the following H.B.ANo.A0 0 information as provided by the registered organization: organization name, mailing address, and telephone number; website and address, if any; emergency contact information for the organization; the types of animals about whom the organization wishes to be contacted, including species-type and breed; and whether or not the organization is willing and able to care for unweaned animals, sick or injured animals, and/or feral or aggressive animals; ()AAAll public and private sheltering agencies shall seek organizations to include on the registry; ()AAA public or private sheltering agency may refuse to include an organization on the registry, or delete it from the registry, until such time as this is no longer the case, if any of the organization s current directors and/or officers have been convicted in a court of competent jurisdiction of a crime consisting of cruelty to animals or neglect of animals; or if such charges are pending against any of the organization s current directors or officers; or if that organization or its current directors or officers are constrained by a court order or legally binding agreement that prevents the organization from taking in or keeping animals. An agency may require an organization to disclose any or all convictions, charges, and legal impediments described in this subsection; ()AAA public or private sheltering agency may require that registered organizations provide the following summary information on no more than a monthly basis: the total number of animals the organization has taken from the agency who have been H.B.ANo.A0 0 adopted, died, were transferred, were killed, and are still under the organization s care. This information may be provided in an informal format, such as via electronic mail; ()AAA public or private sheltering agency shall not demand additional information, other than that described in this section, as a prerequisite for including an organization on the registry or for continuing to maintain that organization on the registry. (b)aano public or private sheltering agency may kill an animal unless and until the agency has notified, or made a reasonable attempt to notify, all organizations on the registry described in subsection (a) that have indicated a willingness to take an animal of that type. SECTIONA.AAChapter, Health and Safety Code, is amended by adding Section.0 to read as follows: SectionA.0.AALOST ANIMALS. (a) All public and private sheltering agencies shall take appropriate action to ensure that all animals are checked for all currently acceptable methods of identification, including microchips, identification tags, and licenses. All public and private sheltering agencies shall maintain continuously updated lists of animals reported lost, and match these lost reports with animals reported found and animals in the shelter, and shall also post all stray animals on the Internet with sufficient detail to allow them to be recognized and claimed by their owners. If a possible owner is identified, the agencies shall undertake reasonable efforts to notify the owner or caretaker of the whereabouts of the animal and any procedures available for the lawful recovery of the animal. H.B.ANo.A0 These efforts shall include, but are not limited to, notifying the possible owner by telephone, mail, and personal service to the last known address. Upon the owner s or caretaker s initiation of recovery procedures, the agencies shall retain custody of the animal for a reasonable period of time to allow for completion of the recovery process. Efforts to locate or 0 contact an owner or caretaker, and communications with pe
Recommended
View more...
We Need Your Support
Thank you for visiting our website and your interest in our free products and services. We are nonprofit website to share and download documents. To the running of this website, we need your help to support us.

Thanks to everyone for your continued support.

No, Thanks
SAVE OUR EARTH

We need your sign to support Project to invent "SMART AND CONTROLLABLE REFLECTIVE BALLOONS" to cover the Sun and Save Our Earth.

More details...

Sign Now!

We are very appreciated for your Prompt Action!

x