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A BILL TO BE ENTITLED
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AN ACT
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relating to the practice of veterinary medicine and the medical |
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treatment and care of animals in animal shelters and releasing |
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agencies; expanding the applicability of an occupational license. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 801.002, Occupations Code, is amended by |
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amending Subdivisions (1) and (1-a) and adding Subdivisions (1-b), |
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(5-a), and (5-b) to read as follows: |
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(1) "Animal shelter" has the meaning assigned by |
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Section 823.001, Health and Safety Code. |
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(1-a) "Board" means the State Board of Veterinary |
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Medical Examiners. |
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(1-b) [(1-a)] "Certified veterinary assistant" means |
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a person who has been certified as a certified veterinary assistant |
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by the Texas Veterinary Medical Association and is employed by a |
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licensed veterinarian. |
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(5-a) "Releasing agency" has the meaning assigned by |
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Section 828.001, Health and Safety Code. |
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(5-b) "Shelter veterinarian" means a veterinarian who |
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works for or in an animal shelter or a releasing agency, regardless |
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of whether the veterinarian receives compensation. |
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SECTION 2. Section 801.004, Occupations Code, is amended to |
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read as follows: |
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Sec. 801.004. APPLICATION OF CHAPTER. (a) Except as |
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provided by Subsection (b) and Section 801.005, this [This] chapter |
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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
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euthanasia in the course and scope of the person's employment if the
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person has successfully completed training in accordance with
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Chapter 829, 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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(7) [(8)] a person who, without expectation of |
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compensation, provides emergency care in an emergency or disaster; |
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or |
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(8) [(9)] a consultation given to a veterinarian in |
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this 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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(b) This chapter applies to an activity described by |
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Subsection (a) when performed by a person who holds a license issued |
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under this chapter. |
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SECTION 3. Subchapter A, Chapter 801, Occupations Code, is |
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amended by adding Section 801.005 to read as follows: |
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Sec. 801.005. APPLICATION OF CHAPTER TO ANIMAL SHELTERS AND |
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RELEASING AGENCIES. (a) Except as otherwise provided by this |
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section, this chapter applies to the practice of veterinary |
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medicine, including an activity described by Section 801.004, when |
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performed: |
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(1) in an animal shelter or releasing agency; or |
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(2) on an animal for which an animal shelter, |
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releasing agency, or shelter veterinarian: |
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(A) is the owner or designated caretaker; or |
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(B) has possession, custody, or control. |
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(b) After an animal shelter or releasing agency takes |
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possession and has custody or control of an animal, an agent, |
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employee, or volunteer of the shelter or agency may administer: |
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(1) a nonprescription drug to the animal; or |
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(2) a prescription vaccine or drug, other than rabies |
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vaccine or a controlled substance, to the animal if the vaccine or |
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drug is: |
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(A) necessary to prevent the animal's death or |
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alleviate the animal's pain or suffering; |
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(B) necessary to prevent or control a |
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communicable disease or internal or external parasite; or |
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(C) administered at the direction of a |
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veterinarian or under the guidance of a protocol developed in |
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accordance with Section 801.365(b). |
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(c) A nonsurgical sterilization or any surgery performed in |
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or on behalf of an animal shelter or releasing agency must be |
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performed by: |
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(1) a veterinarian; or |
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(2) a full-time student of an accredited college of |
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veterinary medicine under the direct supervision of a veterinarian. |
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(d) This chapter does not apply to an animal shelter |
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employee who euthanizes an animal in the course and scope of the |
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person's employment if the person has successfully completed |
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training in accordance with Section 821.055, Health and Safety |
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Code. |
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(e) This chapter may not be construed to prevent an agent, |
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employee, or volunteer of an animal shelter or releasing agency |
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from providing emergency care to an animal or preventing an |
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animal's pain or suffering. |
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SECTION 4. Subchapter H, Chapter 801, Occupations Code, is |
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amended by adding Section 801.365 to read as follows: |
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Sec. 801.365. PRACTICE BY SHELTER VETERINARIAN. (a) |
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Notwithstanding any other law, after an animal shelter or releasing |
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agency takes possession of an animal, a veterinarian may: |
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(1) perform a surgical or nonsurgical sterilization of |
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a dog or cat: |
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(A) that shows no evidence of ownership; |
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(B) whose owner surrendered the animal; or |
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(C) whose owner has not claimed the animal from |
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the animal shelter or releasing agency if the hold period |
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prescribed by local law has expired; |
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(2) administer or prescribe a vaccine or drug to the |
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animal; or |
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(3) provide any other treatment that the veterinarian |
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reasonably believes will promote the animal's health and welfare or |
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alleviate the animal's pain, suffering, or discomfort. |
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(b) A shelter veterinarian who complies with Section |
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801.351 by making medically appropriate and timely visits to the |
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premises of 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 care and treatment protocol for use by agents, |
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employees, and volunteers of the animal shelter or releasing agency |
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who do not hold a license under this chapter. A protocol under this |
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section: |
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(1) may provide guidance on the administration of |
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vaccines or drugs, other than rabies vaccine and controlled |
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substances, necessary to: |
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(A) prevent or control a communicable disease; |
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(B) prevent or control an internal or external |
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parasite; |
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(C) prevent an animal's death; or |
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(D) alleviate an animal's pain, suffering, or |
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discomfort; and |
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(2) may not provide guidance on the administration of |
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rabies vaccine or a controlled substance. |
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(c) A shelter veterinarian shall develop and maintain a |
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paper or electronic recordkeeping system to keep complete and |
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accurate medical records regarding the treatment provided to each |
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animal under the veterinarian's care in an animal shelter or |
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releasing agency. The records may be maintained in a daily log or |
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in billing records, provided the information entered is adequate to |
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substantiate the identification of the animal treated and the |
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medical care provided. An employee or volunteer at an animal |
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shelter or a releasing agency who does not hold a license under this |
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chapter, acting under the supervision or protocol of a |
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veterinarian, may contribute to the records under this subsection. |
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(d) A shelter veterinarian is only responsible for: |
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(1) the veterinarian's direct actions; or |
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(2) actions taken by a person acting at the |
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veterinarian's specific direction or under the veterinarian's |
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direct and immediate supervision. |
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SECTION 5. Chapter 801, Occupations Code, is amended by |
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adding Subchapter M to read as follows: |
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SUBCHAPTER M. SHELTER VETERINARIAN ADVISORY COMMITTEE |
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Sec. 801.601. SHELTER VETERINARIAN ADVISORY COMMITTEE. (a) |
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The shelter veterinarian advisory committee is an informal advisory |
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committee to the board and is not subject to Chapter 2110, |
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Government Code. |
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(b) The board shall consult the advisory committee |
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regarding matters relating to a disciplinary action that involves a |
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shelter veterinarian. |
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Sec. 801.602. APPOINTMENT OF ADVISORY COMMITTEE. The |
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shelter veterinarian advisory committee is composed of three |
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members appointed by the presiding officer of the board as follows: |
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(1) two members who are shelter veterinarians licensed |
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by the board, have practiced animal shelter veterinary medicine for |
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the five years preceding the date of appointment, and are of good |
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repute; and |
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(2) one member, who is not required to be a |
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veterinarian, who currently serves as a director or is involved in |
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the management of an animal shelter. |
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Sec. 801.603. TERMS; VACANCY. (a) Members of the shelter |
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veterinarian advisory committee are appointed for staggered |
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six-year terms. The term of one member expires on February 1 of |
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each odd-numbered year. |
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(b) If a vacancy occurs during a member's term, the |
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presiding officer of the board shall appoint a new member to fill |
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the unexpired term. |
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(c) An advisory committee member may not serve more than two |
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consecutive full terms. |
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Sec. 801.604. GROUNDS FOR REMOVAL. It is a ground for |
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removal from the shelter veterinarian advisory committee that a |
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member: |
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(1) does not have at the time of appointment the |
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qualifications required by Section 801.602; |
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(2) does not maintain during service on the advisory |
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committee the qualifications required by Section 801.602; or |
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(3) cannot, because of illness or disability, |
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discharge the member's duties for a substantial part of the member's |
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term. |
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Sec. 801.605. OFFICERS. The presiding officer of the board |
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shall designate biennially a shelter veterinarian advisory |
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committee member as the presiding officer of the advisory committee |
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to serve in that capacity at the will of the presiding officer of |
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the board. |
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Sec. 801.606. REIMBURSEMENT; COMPENSATION. A shelter |
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veterinarian advisory committee member is not entitled to |
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reimbursement for travel expenses or compensation. |
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Sec. 801.607. MEETINGS. (a) The shelter veterinarian |
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advisory committee shall meet at the call of the presiding officer |
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of the board. |
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(b) A meeting may be held by telephone conference call. |
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SECTION 6. Section 801.004, Occupations Code, as amended by |
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this Act, and Sections 801.005 and 801.365, Occupations Code, as |
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added by this Act, apply only to conduct that occurs on or after the |
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effective date of this Act. Conduct that occurs before the |
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effective date of this Act is governed by the law in effect when the |
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conduct occurs, and the former law is continued in effect for that |
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purpose. |
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SECTION 7. As soon as practicable after the effective date |
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of this Act, the presiding officer of the State Board of Veterinary |
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Medical Examiners shall appoint the members of the shelter |
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veterinarian advisory committee. |
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SECTION 8. This Act takes effect September 1, 2017. |