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A BILL TO BE ENTITLED
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AN ACT
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relating to the medical treatment and care of animals by certain |
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persons in animal shelters and releasing agencies. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Chapter 823, Health and Safety |
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Code, is amended to read as follows: |
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CHAPTER 823. ANIMAL SHELTERS AND RELEASING AGENCIES |
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SECTION 2. Chapter 823, Health and Safety Code, is amended |
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by designating Sections 823.001 through 823.009 as Subchapter A and |
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adding a subchapter heading to read as follows: |
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SUBCHAPTER A. GENERAL PROVISIONS; ANIMAL SHELTERS |
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SECTION 3. Section 823.001, Health and Safety Code, is |
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amended by adding Subdivision (5) to read as follows: |
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(5) "Releasing agency" has the meaning assigned by |
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Section 828.001. |
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SECTION 4. Chapter 823, Health and Safety Code, is amended |
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by adding Subchapter B to read as follows: |
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SUBCHAPTER B. TREATMENT AND CARE OF ANIMALS |
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Sec. 823.051. ANIMAL TREATMENT PROTOCOL. At the time an |
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animal shelter or releasing agency takes possession of an animal, |
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an agent for the shelter or agency may administer a nonprescription |
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vaccine, nonprescription medicine, or medicine that is not a |
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controlled substance if: |
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(1) the medicine is necessary to prevent or control |
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communicable diseases or internal or external parasites; and |
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(2) the medicine is administered in accordance with a |
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protocol developed under Section 801.366, Occupations Code. |
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SECTION 5. Section 828.012(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) Surgery or nonsurgical sterilization performed in |
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accordance with this chapter must also be performed in accordance |
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with Section 801.365 [by a veterinarian or a full-time student of an
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accredited college of veterinary medicine as provided by Chapter
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801], Occupations Code. |
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SECTION 6. Subchapter A, Chapter 801, Occupations Code, is |
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amended by amending Section 801.004 and adding Section 801.005 to |
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read as follows: |
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Sec. 801.004. APPLICATION OF CHAPTER. Except as provided |
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by Section 801.005, this [This] chapter does not apply to: |
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(1) the treatment or care of an animal in any manner by |
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the owner of the animal, an employee of the owner, or a designated |
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caretaker of the animal, unless the ownership, employment, or |
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designation is established with the intent to violate this chapter; |
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(2) a person who performs an act prescribed by the |
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board as an accepted livestock management practice, including: |
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(A) castrating a male animal raised for human |
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consumption; |
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(B) docking or earmarking an animal raised for |
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human consumption; |
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(C) dehorning cattle; |
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(D) aiding in the nonsurgical birth process of a |
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large animal, as defined by board rule; |
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(E) treating an animal for disease prevention |
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with a nonprescription medicine or vaccine; |
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(F) branding or identifying an animal in any |
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manner; |
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(G) artificially inseminating an animal, |
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including training, inseminating, and compensating for services |
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related to artificial insemination; and |
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(H) shoeing a horse; |
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(3) the performance of a cosmetic or production |
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technique to reduce injury in poultry intended for human |
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consumption; |
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(4) the performance of a duty by a veterinarian's |
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employee if: |
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(A) the duty involves food production animals; |
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(B) the duty does not involve diagnosis, |
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prescription, or surgery; |
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(C) the employee is under the direction and |
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general supervision of the veterinarian; and |
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(D) the veterinarian is responsible for the |
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employee's performance; |
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(5) the performance of an act by a person who is a |
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full-time student of an accredited college of veterinary medicine |
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if the act is performed under the direct supervision of a |
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veterinarian; |
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(6) an animal shelter employee who performs euthanasia |
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in the course and scope of the person's employment if the person has |
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successfully completed training in accordance with Chapter 829, |
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Health and Safety Code; |
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(7) a person who is engaged in a recognized |
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state-federal cooperative disease eradication or control program |
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or an external parasite control program while the person is |
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performing official duties required by the program; |
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(8) a person who, without expectation of compensation, |
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provides emergency care in an emergency or disaster; or |
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(9) a consultation given to a veterinarian in this |
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state by a person who: |
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(A) resides in another state; and |
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(B) is lawfully qualified to practice veterinary |
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medicine under the laws of that state. |
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Sec. 801.005. TREATMENT OF ANIMAL IN ANIMAL SHELTER OR |
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RELEASING AGENCY. This chapter applies to a veterinarian when |
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treating an animal on behalf of or in: |
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(1) an animal shelter, as defined by Section 823.001, |
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Health and Safety Code; or |
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(2) a releasing agency, as defined by Section 828.001, |
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Health and Safety Code. |
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SECTION 7. Subchapter H, Chapter 801, Occupations Code, is |
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amended by adding Sections 801.365 and 801.366 to read as follows: |
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Sec. 801.365. STERILIZATION. Surgery or nonsurgical |
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sterilization performed in accordance with Chapter 828, Health and |
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Safety Code, must be performed by a veterinarian or a person who is |
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a full-time student of an accredited college of veterinary |
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medicine. |
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Sec. 801.366. ANIMAL SHELTER OR RELEASING AGENCY TREATMENT |
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PROTOCOL. (a) A veterinarian who makes medically appropriate and |
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timely visits to an animal shelter or releasing agency may, in |
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consultation with the animal shelter or releasing agency, develop a |
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written animal treatment protocol to authorize an agent of the |
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animal shelter or releasing agency to administer a nonprescription |
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vaccine, nonprescription medicine, or medicine that is not a |
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controlled substance as necessary to prevent or control |
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communicable diseases or internal or external parasites. |
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(b) A written animal treatment protocol developed under |
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Subsection (a) must meet the minimum acceptable standard of care |
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for the administration of a nonprescription vaccine, |
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nonprescription medicine, or medicine that is not a controlled |
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substance used to prevent or control communicable diseases or |
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internal or external parasites. |
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(c) A veterinarian who develops a written animal treatment |
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protocol under this section does not violate Section 801.351. |
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(d) In this section: |
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(1) "Animal shelter" has the meaning assigned by |
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Section 823.001, Health and Safety Code; and |
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(2) "Releasing agency" has the meaning assigned by |
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Section 828.001, Health and Safety Code. |
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SECTION 8. This Act takes effect September 1, 2015. |