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AN ACT
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relating to animal shelter standards; providing a civil penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 823, Health and Safety Code, is amended |
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by adding Sections 823.008 and 823.009 to read as follows: |
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Sec. 823.008. ENFORCEMENT BY COUNTY. (a) A county may |
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enforce this chapter. |
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(b) This section does not authorize a county to establish |
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standards for operating an animal shelter. |
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(c) A county may not enforce this chapter at an animal |
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shelter operated by a municipality. |
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Sec. 823.009. CIVIL PENALTY. (a) A person may not cause, |
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suffer, allow, or permit a violation of this chapter or a rule |
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adopted under this chapter. |
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(b) A person who violates this chapter or a rule adopted |
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under this chapter shall be assessed a civil penalty. A civil |
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penalty under this chapter may not be less than $100 or more than |
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$500 for each violation and for each day of a continuing violation. |
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This subsection does not apply at an animal shelter operated by a |
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municipality. |
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(c) If it appears that a person has violated, is violating, |
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or is threatening to violate this chapter or a rule adopted under |
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this chapter, the county or municipality in which the violation |
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occurs may institute a civil suit in district court for: |
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(1) injunctive relief to restrain the person from |
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continuing the violation or threat of violation; |
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(2) the assessment and recovery of the civil penalty; |
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or |
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(3) both injunctive relief and the civil penalty. |
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(d) A bond is not required in an action brought under this |
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section. |
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SECTION 2. The change in law made by this Act applies only |
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to conduct that occurs on or after the effective date of this Act. |
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Conduct that occurs before the effective date of this Act is |
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governed by the law in effect at the time the conduct occurred, and |
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the former law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 3004 was passed by the House on April |
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24, 2009, by the following vote: Yeas 139, Nays 0, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 3004 on May 25, 2009, by the following vote: Yeas 144, Nays 1, |
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1 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 3004 was passed by the Senate, with |
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amendments, on May 22, 2009, by the following vote: Yeas 30, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |