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HomeMy WebLinkAbout1990-01-16 * t i • MEMORANDUM To: 1:ay Godbey From: Eldred Pruitt Gj" Date: January 16, 1990 Re: ADVISORY BOARD FOR ANIMAL SHELTER ACT Article 4477-6b of the VTCS has been amended by the legislature and we are now required to have an Advisory Board to insure compliance with the Animal Shelter Act. The Advisory Board shall be composed of at least one licensed veterinarian, one county or city official, one person whose duties include the daily operation of the shelter and one representative from an animal welfare organization. They shall meet at least three times per year and provide periodic reports to the Texas Department of Health. I am submitting the following names for the council's consideration as board members: John Craig 201 N. Ector Euless, Texas Eldred Pruitt 201 N. Ector Euless, Texas Max E. Ficken, DVM 1015 Harwood Rd. Euless, Texas Kelly Attebury 1840 E. Lancaster Ft. Worth, Texas r , � EP/lc:dw4jgodbey.mem ( ,, J cc: John Craig qo f ANIMAL SHELTER ACT Art. 4477-6b Animal Shelters Definitions Section 1. In this Act: (1) "Animal shelter" means a facility that keeps or legally impounds stray, homeless, abandoned, or unwanted animals. 42) "Board" means the Texas Board of Health. 43) "Commissioner" means the commissioner of the Texas Department of Health. (4) "Department" means the Texas Department of Health. (5) "Person" means an individual, corporation, or association and includes a political subdivision of the state but does not include veterinary medicine clinics or livestock commission facilities. Standards for animal shelters Sec. 2. (a) Every animal shelter operated in this state must comply with the standards for housing and sanitation existing on the effective date of this Act which implement Chapter 752, Acts of the 66th Legislature, Regular Session, 1979 (Article 4477-6a, Vernon' s Texas Civil Statutes). tb) An animal shelter shall separate animals in its custody at all times by species, by sex (if known), and if the animals are not related to one another, by size. (c) The animal shelter may not confine healthy animals with sick, injured, or diseased animals. (d) Every person who operates an animal shelter shall, at least once per year, employ a veterinarian to inspect such shelter to determine whether it complies with the requirements of this Act. The veterinarian shall file copies of his report with the person operating the shelter and with the department on forms prescribed by the department. (e) The board may require every person operating an animal shelter to keep records of the date and disposition of animals- in its custody, to maintain the records on the business premises of the animal shelter, and to make the records available for inspection at reasonable times. (f) A substantial violation of the requirements of this section is a Class C misdemeanor. SW Personnel training Sec. 3. The board shall prescribe standards and charge reasonable fees for the training of animal shelter personnel as to animal health and disease control, humane care and treatment, control of animals in an animal shelter, and the transportation of animals. Advisory committee Sec. 4. The governing body of every county, city, town, or village in which an animal shelter is situated shall appoint an advisory ccamaittee to assist in complying with the requirements of this Act. (b) The advisory committee shall be composed of at least one licensed veterinarian, one county or city official, one person whose duties include the daily operation of an animal shelter, and one representative from an animal welfare organization. (c) The advisory committee shall meet at least three times a year. Euthanasia Sec. 5. fa) No person may put to death a dog, cat, or other small animal in the custody of an animal shelter by shooting, except in emergency field conditions, by clubbing, by using a decompression chamber, or by administering any of the following substances: 1. unfiltered or uncooled carbon monoxide; 2. curariforrn drugs, including curare, succinylcholine, pancuronium, glyceryl fenesin, used alone; 3. magnesium salts, used alone; 4. chloral hydrate; 5. nicotine; or 6. strychnine. its) A violation of this section is a Class C misdemeanor. Remedy • Sec. 6. Any person may, upon proof of a substantial violation of the requirements of this Act, obtain, a mandatory injunction, in a court of competent jurisdiction to enjoin such violation. Fees Sec. 7. The fees collected under this Act shall be deposited with the State Treasurer to the credit of the General Revenue Fund. Exception Sec. 8. This Act does not apply in any county having a population, of less than 75,000 according to the last preceding federal census. Acts 1932, 67th Leg. , p 2544, ch 677, eff. Sept. 1, 1982. Amended Sept. 1, 1987. Amended Sept. 1,- 1989. Title of Act: Cross References An Act relating to standards for Punishment, Class C misdemeanor, certain animal shelters and the see V. T.V.A. Penal Code 12.23 care of animals; providing a'•`reynedy for enforcement and penalties. Library References Acts 1981, 67th Leg. , p.2544 Animals 22 ch. 677. C.J.S. Animals 46 to 50,56 at 9/89