HB471 - Relating to the intake and disposition records of animal shelters and releasing agencies.

  89R2643 KKR-F     By: Rosenthal H.B. No. 471       A BILL TO BE ENTITLED   AN ACT   relating to the intake and disposition records of 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.  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 3.  Section 823.002, Health and Safety Code, is   amended to read as follows:          Sec. 823.002.  EXEMPTION FOR CERTAIN COUNTIES, CLINICS, AND   FACILITIES. Except as provided by Sections 823.003(e) and 823.010,   this [ This ] chapter does not apply to:                (1)  a county having a population of less than 75,000;                (2)  a veterinary medicine clinic; or                (3)  a livestock commission facility.          SECTION 4.  The heading to Section 823.003, Health and   Safety Code, is amended to read as follows:          Sec. 823.003.  STANDARDS FOR ANIMAL SHELTERS AND RELEASING   AGENCIES ; CRIMINAL PENALTY.          SECTION 5.  Section 823.003(e), Health and Safety Code, is   amended to read as follows:          (e)  The executive commissioner of the Health and Human   Services Commission shall  [ may ] require each person operating an   animal shelter or releasing agency  to keep the records required by   Section 823.010.   The executive commissioner shall require the   shelter or agency  [ of the date and disposition of animals in its   custody, ] to maintain the records on the business premises of the   [ animal ] shelter or agency [ , ] and to make the records available for   inspection at reasonable times.          SECTION 6.  Chapter 823, Health and Safety Code, is amended   by adding Section 823.010 to read as follows:           Sec.   823.010.     INTAKE AND DISPOSITION RECORDS FOR ANIMAL   SHELTERS AND RELEASING AGENCIES. (a)   Each animal shelter,   including a shelter operated by a municipality, or releasing agency   operated in this state shall prepare and maintain records on the   intake and disposition of animals in the custody of the shelter or   agency, including:                 (1)     the total number of live animals for which the   shelter or agency has assumed custody, categorized by species and   age;                 (2)     the reason the shelter or agency assumed custody   of an animal, including whether the animal was:                       (A)  surrendered by the animal's owner;                       (B)     surrendered by the animal's owner and the   owner requested that the animal be euthanized;                       (C)     impounded as a stray animal or an animal at   large;                       (D)  confiscated;                       (E)     transferred to the shelter or agency from a   location in this state;                       (F)     transferred to the shelter or agency from a   location outside this state; or                       (G)     born in the shelter or under the care of the   agency;                 (3)     the number of animals at the shelter or agency on   the last day of each month, categorized by species and age; and                 (4)     the disposition of each animal in the custody of   the shelter or agency, categorized by species and age, including   whether the animal:                       (A)  was adopted;                       (B)  was reclaimed by the animal's owner;                       (C)     died in the shelter or under the care of the   agency;                       (D)  was transferred from the shelter or agency;                       (E)     was euthanized by the shelter or agency on a   decision of the shelter or agency;                       (F)  was euthanized at the owner's request;                       (G)     was returned to the field as part of a   sterilization program; or                       (H)     was lost or stolen while in the shelter's or   agency's custody.           (b)     In the records required by Subsection (a), an animal   shelter or releasing agency must use:                 (1)     for species, the categories of dog, cat, or other;   and                 (2)     for age, the categories of up to five months or   adult.           (c)     An animal shelter or releasing agency monthly shall   prepare the records required by Subsection (a).           (d)     An animal shelter or releasing agency shall maintain   records prepared under Subsection (a) until at least the third   anniversary of the date the record was prepared.           (e)     An animal shelter or releasing agency shall make the   records required by this section available to the public by:                 (1)     posting the records on the shelter's,   municipality's, or agency's Internet website; or                 (2)     for a shelter, municipality, or agency that does   not have an Internet website, making the records available for   inspection and copying in a form regularly maintained by the   shelter, municipality, or agency.          SECTION 7.  The changes in law made by this Act apply only to   an animal placed at or disposed of by an animal shelter or releasing   agency or counted in the shelter's or agency's animal total on or   after the effective date of this Act.          SECTION 8.  This Act takes effect September 1, 2025.