Bill Text: TX HB1274 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to the medical treatment and care of animals by certain persons in animal shelters and releasing agencies.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2015-04-21 - Left pending in committee [HB1274 Detail]
Download: Texas-2015-HB1274-Introduced.html
84R7153 LED-F | ||
By: Larson | H.B. No. 1274 |
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relating to the medical treatment and care of animals by certain | ||
persons in animal shelters and releasing agencies. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. The heading to Chapter 823, Health and Safety | ||
Code, is amended to read as follows: | ||
CHAPTER 823. ANIMAL SHELTERS AND RELEASING AGENCIES | ||
SECTION 2. Chapter 823, Health and Safety Code, is amended | ||
by designating Sections 823.001 through 823.009 as Subchapter A and | ||
adding a subchapter heading to read as follows: | ||
SUBCHAPTER A. GENERAL PROVISIONS; ANIMAL SHELTERS | ||
SECTION 3. Section 823.001, Health and Safety Code, is | ||
amended by adding Subdivision (5) to read as follows: | ||
(5) "Releasing agency" has the meaning assigned by | ||
Section 828.001. | ||
SECTION 4. Chapter 823, Health and Safety Code, is amended | ||
by adding Subchapter B to read as follows: | ||
SUBCHAPTER B. TREATMENT AND CARE OF ANIMALS | ||
Sec. 823.051. ANIMAL TREATMENT PROTOCOL. At the time an | ||
animal shelter or releasing agency takes possession of an animal, | ||
an agent for the shelter or agency may administer a nonprescription | ||
vaccine, nonprescription medicine, or medicine that is not a | ||
controlled substance if: | ||
(1) the medicine is necessary to prevent or control | ||
communicable diseases or internal or external parasites; and | ||
(2) the medicine is administered in accordance with a | ||
protocol developed under Section 801.366, Occupations Code. | ||
SECTION 5. Section 828.012(a), Health and Safety Code, is | ||
amended to read as follows: | ||
(a) Surgery or nonsurgical sterilization performed in | ||
accordance with this chapter must also be performed in accordance | ||
with Section 801.365 [ |
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SECTION 6. Subchapter A, Chapter 801, Occupations Code, is | ||
amended by amending Section 801.004 and adding Section 801.005 to | ||
read as follows: | ||
Sec. 801.004. APPLICATION OF CHAPTER. Except as provided | ||
by Section 801.005, this [ |
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(1) the treatment or care of an animal in any manner by | ||
the owner of the animal, an employee of the owner, or a designated | ||
caretaker of the animal, unless the ownership, employment, or | ||
designation is established with the intent to violate this chapter; | ||
(2) a person who performs an act prescribed by the | ||
board as an accepted livestock management practice, including: | ||
(A) castrating a male animal raised for human | ||
consumption; | ||
(B) docking or earmarking an animal raised for | ||
human consumption; | ||
(C) dehorning cattle; | ||
(D) aiding in the nonsurgical birth process of a | ||
large animal, as defined by board rule; | ||
(E) treating an animal for disease prevention | ||
with a nonprescription medicine or vaccine; | ||
(F) branding or identifying an animal in any | ||
manner; | ||
(G) artificially inseminating an animal, | ||
including training, inseminating, and compensating for services | ||
related to artificial insemination; and | ||
(H) shoeing a horse; | ||
(3) the performance of a cosmetic or production | ||
technique to reduce injury in poultry intended for human | ||
consumption; | ||
(4) the performance of a duty by a veterinarian's | ||
employee if: | ||
(A) the duty involves food production animals; | ||
(B) the duty does not involve diagnosis, | ||
prescription, or surgery; | ||
(C) the employee is under the direction and | ||
general supervision of the veterinarian; and | ||
(D) the veterinarian is responsible for the | ||
employee's performance; | ||
(5) the performance of an act by a person who is a | ||
full-time student of an accredited college of veterinary medicine | ||
if the act is performed under the direct supervision of a | ||
veterinarian; | ||
(6) an animal shelter employee who performs euthanasia | ||
in the course and scope of the person's employment if the person has | ||
successfully completed training in accordance with Chapter 829, | ||
Health and Safety Code; | ||
(7) a person who is engaged in a recognized | ||
state-federal cooperative disease eradication or control program | ||
or an external parasite control program while the person is | ||
performing official duties required by the program; | ||
(8) a person who, without expectation of compensation, | ||
provides emergency care in an emergency or disaster; or | ||
(9) a consultation given to a veterinarian in this | ||
state by a person who: | ||
(A) resides in another state; and | ||
(B) is lawfully qualified to practice veterinary | ||
medicine under the laws of that state. | ||
Sec. 801.005. TREATMENT OF ANIMAL IN ANIMAL SHELTER OR | ||
RELEASING AGENCY. This chapter applies to a veterinarian when | ||
treating an animal on behalf of or in: | ||
(1) an animal shelter, as defined by Section 823.001, | ||
Health and Safety Code; or | ||
(2) a releasing agency, as defined by Section 828.001, | ||
Health and Safety Code. | ||
SECTION 7. Subchapter H, Chapter 801, Occupations Code, is | ||
amended by adding Sections 801.365 and 801.366 to read as follows: | ||
Sec. 801.365. STERILIZATION. Surgery or nonsurgical | ||
sterilization performed in accordance with Chapter 828, Health and | ||
Safety Code, must be performed by a veterinarian or a person who is | ||
a full-time student of an accredited college of veterinary | ||
medicine. | ||
Sec. 801.366. ANIMAL SHELTER OR RELEASING AGENCY TREATMENT | ||
PROTOCOL. (a) A veterinarian who makes medically appropriate and | ||
timely visits to an animal shelter or releasing agency may, in | ||
consultation with the animal shelter or releasing agency, develop a | ||
written animal treatment protocol to authorize an agent of the | ||
animal shelter or releasing agency to administer a nonprescription | ||
vaccine, nonprescription medicine, or medicine that is not a | ||
controlled substance as necessary to prevent or control | ||
communicable diseases or internal or external parasites. | ||
(b) A written animal treatment protocol developed under | ||
Subsection (a) must meet the minimum acceptable standard of care | ||
for the administration of a nonprescription vaccine, | ||
nonprescription medicine, or medicine that is not a controlled | ||
substance used to prevent or control communicable diseases or | ||
internal or external parasites. | ||
(c) A veterinarian who develops a written animal treatment | ||
protocol under this section does not violate Section 801.351. | ||
(d) In this section: | ||
(1) "Animal shelter" has the meaning assigned by | ||
Section 823.001, Health and Safety Code; and | ||
(2) "Releasing agency" has the meaning assigned by | ||
Section 828.001, Health and Safety Code. | ||
SECTION 8. This Act takes effect September 1, 2015. |