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A BILL TO BE ENTITLED
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AN ACT
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relating to the euthanasia of animals in animal shelters located in |
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certain counties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 821, Health and Safety |
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Code, is amended by adding Section 821.0521 to read as follows: |
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Sec. 821.0521. EUTHANASIA OF CERTAIN ANIMALS PROHIBITED. |
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(a) This section applies only to a county: |
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(1) with a population of more than 1.5 million that |
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contains a municipality in which at least 75 percent of the county's |
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population resides; or |
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(2) that borders the United Mexican States and the |
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Gulf of Mexico. |
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(b) A person may not euthanize a dog, cat, or other animal in |
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the custody of an animal shelter if the animal could safely be |
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placed: |
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(1) in an empty cage, kennel, or other living |
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environment intended for animal habitation in the animal shelter; |
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or |
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(2) in a shared cage, kennel, or other living |
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environment intended for animal habitation in the animal shelter |
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with another animal of the same species. |
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(c) A cage, kennel, or other living environment described by |
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Subsection (b)(1) or (2) does not include a cage, kennel, or other |
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living environment in an animal shelter that is: |
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(1) not attached to the animal shelter or the premises |
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of the animal shelter; or |
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(2) restricted to the public and designated for the |
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provision of treatment and care to sick or injured animals. |
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(d) Subsection (b) does not apply to: |
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(1) an animal that is suspected of carrying and is |
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otherwise exhibiting signs of rabies as determined by a licensed |
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veterinarian; |
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(2) a dog that a court has determined to be a dangerous |
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dog under Subchapter D, Chapter 822; |
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(3) a dog that has bitten a person severely enough that |
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the person suffered an injury requiring more than minor medical |
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attention; |
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(4) a dog that has bitten a cat or another dog, causing |
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serious injury or death to the other animal; |
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(5) a dog that a certified animal behaviorist or |
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qualified shelter staff has determined is a threat to human safety; |
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or |
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(6) an animal that has a poor or grave prognosis for |
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being able to live without severe, unremitting pain, even with |
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comprehensive, prompt, and necessary veterinary care, as |
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determined by a licensed veterinarian. |
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(e) This section does not require a person who is an agent of |
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an animal shelter to: |
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(1) group dogs or cats together in a manner that does |
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not provide each animal the ability to turn freely or to easily |
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stand, sit, stretch, move the animal's head without touching the |
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top of the enclosure, lie in a comfortable position with limbs |
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extended, or move around to assume a comfortable posture for |
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feeding, drinking, urinating, and defecating; |
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(2) group sick animals with healthy animals; or |
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(3) group a dog that weighs more than 30 pounds with |
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another dog without prior approval of a shelter staff member that is |
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granted after the shelter staff member has supervised an |
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introduction of the dogs. |
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(f) This section does not prohibit a person who is an agent |
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of an animal shelter from euthanizing an animal to make a cage or |
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kennel space available for an additional animal, if the additional |
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animal is in the custody of the animal shelter or the agent and is |
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scheduled to arrive at the animal shelter within three hours. |
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SECTION 2. This Act takes effect September 1, 2015. |