Bill Text: TX HB2733 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to the euthanasia of animals.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-04-12 - Left pending in committee [HB2733 Detail]
Download: Texas-2011-HB2733-Introduced.html
82R9736 JSC-D | ||
By: Madden | H.B. No. 2733 |
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relating to the euthanasia of animals. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. (a) The Health and Human Services Commission, in | ||
conjunction with the Department of Public Safety, shall conduct a | ||
study regarding the euthanasia of animals in this state. | ||
(b) The study shall address: | ||
(1) strategies for minimizing the pain and suffering | ||
of animals; | ||
(2) alternatives to euthanasia and strategies for | ||
promoting pet adoption; | ||
(3) methods of euthanasia appropriate for livestock | ||
and nonlivestock animals; | ||
(4) methods for improving the cost-effectiveness and | ||
efficiency of animal shelters in this state, including reexamining | ||
the desired scope of practice for staff of animal shelters who are | ||
not veterinarians; | ||
(5) maximizing access to appropriate drugs and | ||
controlled substances for euthanizing animals while minimizing the | ||
potential for substance abuse; and | ||
(6) any state or federal laws that may conflict with a | ||
proposed course of action determined to be beneficial by the study | ||
and suggestions for how to resolve the conflict. | ||
(c) Based on the study conducted under this section, the | ||
Health and Human Services Commission and the Department of Public | ||
Safety shall adopt rules and implement programs to improve | ||
practices in this state relating to euthanasia of animals. | ||
(d) The Health and Human Services Commission and the | ||
Department of Public Safety shall jointly submit a report | ||
concerning the study to the legislature including, if applicable, | ||
recommendations for future legislation, not later than January 1, | ||
2013. | ||
SECTION 2. Section 481.111(b), Health and Safety Code, is | ||
amended to read as follows: | ||
(b) The provisions of this chapter relating to the | ||
possession of denatured sodium pentobarbital, acepromazine, or | ||
xylazine do not apply to possession by personnel of a humane society | ||
or an animal control agency for the purpose of destroying injured, | ||
sick, homeless, or unwanted animals if the humane society or animal | ||
control agency is registered with the Federal Drug Enforcement | ||
Administration. The provisions of this chapter relating to the | ||
distribution of denatured sodium pentobarbital, acepromazine, or | ||
xylazine do not apply to a person registered as required by | ||
Subchapter C, who is distributing the substance for that purpose to | ||
a humane society or an animal control agency registered with the | ||
Federal Drug Enforcement Administration. | ||
SECTION 3. Section 821.052, Health and Safety Code, is | ||
amended by adding Subsection (a-1) to read as follows: | ||
(a-1) A person euthanizing a dog or cat under Subsection (a) | ||
may administer the following substances in addition to sodium | ||
pentobarbital or commercially compressed carbon monoxide: | ||
(1) acepromazine; or | ||
(2) xylazine. | ||
SECTION 4. An offense under Subchapter D, Chapter 481, | ||
Health and Safety Code, involving the possession or distribution of | ||
acepromazine or xylazine as authorized by Section 481.111, Health | ||
and Safety Code, as amended by this Act, may not be prosecuted after | ||
the effective date of this Act. If on the effective date of this Act | ||
a criminal action is pending for an offense under Subchapter D | ||
involving the possession or distribution of acepromazine or | ||
xylazine as authorized by Section 481.111, Health and Safety Code, | ||
as amended by this Act, the action is dismissed on that date. | ||
However, a final conviction for an offense under Subchapter D | ||
involving the possession or distribution of acepromazine or | ||
xylazine that exists on the effective date of this Act is unaffected | ||
by this Act. | ||
SECTION 5. This Act takes effect September 1, 2011. |