Bill Text: TX HB3063 | 2019-2020 | 86th Legislature | Comm Sub
Bill Title: Relating to the transfer of a retired law enforcement animal.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2019-04-30 - Laid on the table subject to call [HB3063 Detail]
Download: Texas-2019-HB3063-Comm_Sub.html
86R22669 JTS-F | |||
By: Smithee | H.B. No. 3063 | ||
Substitute the following for H.B. No. 3063: | |||
By: Burns | C.S.H.B. No. 3063 |
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relating to the transfer of a retired law enforcement animal. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 614, Government Code, is amended by | ||
adding Subchapter L to read as follows: | ||
SUBCHAPTER L. RETIREMENT OF LAW ENFORCEMENT ANIMAL | ||
Sec. 614.211. DEFINITIONS. In this subchapter: | ||
(1) "Head of a law enforcement agency" means the | ||
highest-ranking peace officer in a law enforcement agency, | ||
including the director, sheriff, constable, or police chief, as | ||
applicable. | ||
(2) "Law enforcement agency" means an office, | ||
department, or other division of this state or a political | ||
subdivision of this state, including a county, municipality, school | ||
district, or hospital district, that is authorized by law to employ | ||
peace officers. | ||
Sec. 614.212. SUITABILITY AND ELIGIBILITY OF ANIMAL. (a) | ||
The governing body of a state agency or political subdivision may | ||
enter into a contract with a person for the transfer of a law | ||
enforcement dog, horse, or other animal that has been determined by | ||
the applicable head of a law enforcement agency or that person's | ||
designee to be: | ||
(1) suitable for transfer, after consulting with the | ||
animal's veterinarian, handlers, and other caretakers; and | ||
(2) surplus to the needs of the state agency or | ||
political subdivision because the animal is: | ||
(A) at the end of the animal's working life; or | ||
(B) subject to circumstances that justify making | ||
the animal available for transfer before the end of the animal's | ||
working life, including: | ||
(i) the death of the animal's handler in the | ||
line of duty or as a result of injuries sustained in the line of | ||
duty; or | ||
(ii) the medical retirement of the animal's | ||
handler as a result of injuries sustained in the line of duty. | ||
(b) The head of a state law enforcement agency may execute a | ||
contract under this subchapter on behalf of the state agency. | ||
Sec. 614.213. TRANSFEREE. (a) A law enforcement animal | ||
determined to be suitable and eligible for transfer under Section | ||
614.212 may be transferred only to a person who is: | ||
(1) capable of humanely caring for the animal; and | ||
(2) selected by the applicable head of a law | ||
enforcement agency or that person's designee in the following order | ||
of priority, as applicable: | ||
(A) the animal's former handler who medically | ||
retired as a result of injuries sustained in the line of duty; | ||
(B) the parent, child, spouse, or sibling of the | ||
animal's former handler if the handler was killed in the line of | ||
duty or died from injuries sustained in the line of duty; | ||
(C) a former handler not described by Paragraph | ||
(A); | ||
(D) a peace officer, county jailer, or | ||
telecommunicator other than the animal's handler; or | ||
(E) another person. | ||
(b) If more than one person in a category of authorized | ||
transferees under Subsection (a)(2) requests to receive the animal, | ||
the applicable head of a law enforcement agency or that person's | ||
designee shall determine which of the potential transferees would | ||
best serve the best interest of the animal and the applicable state | ||
agency or political subdivision. | ||
Sec. 614.214. CONTRACT. A contract for a transfer under | ||
this subchapter: | ||
(1) may provide for the transfer without charge to the | ||
transferee; | ||
(2) must require the transferee to: | ||
(A) humanely care for the animal, including | ||
providing food, shelter, and regular and appropriate veterinary | ||
care, including medication, to properly provide for the animal's | ||
health; | ||
(B) comply with all state and local laws | ||
applicable to keeping domestic animals; and | ||
(C) notify the applicable state agency or | ||
political subdivision if the transferee is no longer able to | ||
humanely care for the animal; and | ||
(3) must require the applicable state agency or | ||
political subdivision to take possession of the animal on: | ||
(A) receipt of the notice under Subdivision | ||
(2)(C); or | ||
(B) a finding by the governing body of the state | ||
agency or political subdivision that the transferee is no longer | ||
able to humanely care for the animal. | ||
Sec. 614.215. LIABILITY. A state agency or political | ||
subdivision that transfers an animal under this subchapter: | ||
(1) is not liable in a civil action for any damages | ||
arising from the transfer, including damages arising from the | ||
animal's law enforcement training; and | ||
(2) is not liable for veterinary expenses of the | ||
transferred animal, including expenses associated with care for a | ||
condition of the animal that existed before or at the time of | ||
transfer, regardless of whether the applicable law enforcement | ||
agency, state agency, or political subdivision was aware of the | ||
condition. | ||
Sec. 614.216. EFFECT OF SUBCHAPTER. This subchapter does | ||
not: | ||
(1) require an animal to be transferred under this | ||
subchapter; | ||
(2) affect a state agency's or political subdivision's | ||
authority to care for retired law enforcement animals; or | ||
(3) waive sovereign or governmental immunity to suit | ||
and from liability of the state agency or political subdivision | ||
transferring an animal. | ||
Sec. 614.217. EFFECT OF SURPLUS OR SALVAGE LAW. Subchapter | ||
D, Chapter 2175, of this code, Subchapter D, Chapter 263, Local | ||
Government Code, and other similar laws regarding the disposition | ||
of surplus or salvage property do not apply to the transfer of a law | ||
enforcement animal under this subchapter. | ||
SECTION 2. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2019. |