Bill Text: TX SB1517 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to the sterilization of dogs and cats; providing a penalty.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-03-22 - Referred to State Affairs [SB1517 Detail]
Download: Texas-2011-SB1517-Introduced.html
82R4442 NAJ-F | ||
By: Van de Putte | S.B. No. 1517 |
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relating to the sterilization of dogs and cats; providing a | ||
penalty. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. The heading to Chapter 828, Health and Safety | ||
Code, is amended to read as follows: | ||
CHAPTER 828. DOG AND CAT ADOPTION AND STERILIZATION | ||
SECTION 2. Section 828.001, Health and Safety Code, is | ||
amended by amending Subdivision (1) and adding Subdivisions (1-a) | ||
and (3-a) to read as follows: | ||
(1) "Microchip" means a transponder injected beneath | ||
the surface of an animal's skin that can be read by a microchip | ||
scanner. | ||
(1-a) "New owner" means a person who is legally | ||
competent to enter into a binding contract and who is adopting a dog | ||
or cat from a releasing agency. | ||
(3-a) "Tattoo" means an indelible mark or figure on | ||
the body of an animal produced by inserting a pigment under the skin | ||
of the animal. | ||
SECTION 3. Section 828.002, Health and Safety Code, is | ||
amended to read as follows: | ||
Sec. 828.002. STERILIZATION REQUIREMENTS FOR RELEASE OF | ||
ANIMAL BY RELEASING AGENCY [ |
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Subsections (b) and (c) [ |
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not release a dog or cat to a new owner for adoption or to a person | ||
who already owns the dog or cat unless the animal has been | ||
sterilized [ |
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(b) This section does not apply to an animal released for | ||
adoption to a new owner if the animal: | ||
(1) is less than six months old; | ||
(2) is an animal that a veterinarian has certified | ||
should not be sterilized for health reasons; or | ||
(3) is a service animal. | ||
(c) This section does not apply to an animal that is claimed | ||
from a releasing agency by a person who already owns the animal if: | ||
(1) the animal is exempt from sterilization under | ||
Section 830.002(b); and | ||
(2) the owner holds a permit for the animal issued | ||
under Section 830.003. | ||
SECTION 4. Section 828.0035, Health and Safety Code, is | ||
amended to read as follows: | ||
Sec. 828.0035. STATE BOARD OF VETERINARY MEDICAL EXAMINERS; | ||
IDENTIFICATION MARKERS. (a) The State Board of Veterinary Medical | ||
Examiners shall: | ||
(1) develop information sheets regarding surgical or | ||
nonsurgical sterilization to be distributed by a releasing agency | ||
to a new owner; and | ||
(2) adopt rules requiring an animal that has been | ||
sterilized under this chapter or Chapter 830 to receive a tattoo or | ||
a microchip as a permanent [ |
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(b) The rules adopted under Subsection (a)(2) must require a | ||
tattoo to: | ||
(1) be located on the inside of the thigh, near the | ||
abdomen, or on the caudal ventral abdomen of the animal; | ||
(2) use pigment that is manufactured in the United | ||
States; | ||
(3) comply with the standards adopted by the United | ||
States Food and Drug Administration for tattoos; | ||
(4) use a pigment color that contrasts with the | ||
predominant color of the skin of the animal; and | ||
(5) consist of the universal symbol for a male or | ||
female with a line drawn across the circle included in the symbol. | ||
(c) The owner of a sterilized animal that has been injected | ||
with a microchip as authorized by Subsection (a)(2) shall provide | ||
information to the manufacturer of the microchip indicating that | ||
the animal is sterilized. | ||
SECTION 5. Section 828.012(a), Health and Safety Code, is | ||
amended to read as follows: | ||
(a) Surgical [ |
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dog or cat [ |
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performed by a veterinarian or a full-time student of an accredited | ||
college of veterinary medicine as provided by Chapter 801, | ||
Occupations Code. | ||
SECTION 6. Chapter 828, Health and Safety Code, is amended | ||
by adding Section 828.016 to read as follows: | ||
Sec. 828.016. LOCAL REGULATION OF STERILIZATION. A county | ||
or municipality may adopt additional sterilization requirements if | ||
the requirements are more stringent than the requirements provided | ||
by this chapter. | ||
SECTION 7. Title 10, Health and Safety Code, is amended by | ||
adding Chapter 830 to read as follows: | ||
CHAPTER 830. GENERAL RESPONSIBILITY OF DOG OR CAT OWNER TO | ||
STERILIZE | ||
Sec. 830.001. DEFINITIONS. In this chapter: | ||
(1) "Sterilization" means the surgical removal of the | ||
reproductive organs of a dog or cat or the use of nonsurgical | ||
methods and technologies approved by the United States Food and | ||
Drug Administration or the United States Department of Agriculture | ||
to permanently render the animal unable to reproduce. | ||
(2) "Veterinarian" means a person licensed to practice | ||
veterinary medicine by the State Board of Veterinary Medical | ||
Examiners. | ||
Sec. 830.002. STERILIZATION REQUIRED. (a) Except as | ||
provided by Subsection (b), a person who owns a dog or cat shall | ||
have the animal sterilized and comply with the rules adopted under | ||
Section 828.0035(a)(2). | ||
(b) This section does not apply to an animal: | ||
(1) that is less than six months old; | ||
(2) for which a veterinarian has certified that the | ||
animal should not be sterilized for health reasons; | ||
(3) that is a service animal; | ||
(4) that is a purebred animal displayed at a | ||
competitive exhibition to determine how well it physically conforms | ||
to an established breed standard; | ||
(5) that the owner keeps unsterilized for breeding | ||
purposes; or | ||
(6) that is a dog used for lawful hunting activities by | ||
an owner who holds a valid hunting license issued by this state. | ||
Sec. 830.003. INTACT ANIMAL PERMIT. (a) A person must hold | ||
an intact animal permit issued by the appropriate local animal | ||
control authority for each dog or cat the person keeps | ||
unsterilized. | ||
(b) An intact animal permit is valid for a period of one year | ||
and may be renewed on payment of an annual renewal fee. | ||
(c) An animal control authority shall charge a fee for the | ||
issuance or renewal of a permit under this section in the amount of | ||
$50 for each dog or cat. | ||
Sec. 830.004. CRIMINAL PENALTY. A person who violates | ||
Section 830.002 commits a Class C misdemeanor. Each animal that a | ||
person owns in violation of that section is a separate offense. | ||
Sec. 830.005. LOCAL REGULATION OF STERILIZATION. A county | ||
or municipality may adopt additional sterilization requirements if | ||
the requirements are more stringent than the requirements provided | ||
by this chapter. | ||
SECTION 8. Sections 828.003, 828.004, 828.005, 828.006, | ||
828.007, 828.008, 828.009, 828.010, 828.013, and 828.015, Health | ||
and Safety Code, are repealed. | ||
SECTION 9. This Act takes effect September 1, 2011. |