CHAPTER 823.  ANIMAL SHELTERS

Sec. 823.001.  Definitions.

         In this chapter:

                       (1) "Animal shelter" means a facility that keeps or legally
         impounds stray, homeless, abandoned, or unwanted animals.

                       (2) "Board" means the Texas Board of Health.

                       (3) "Commissioner" means the commissioner of health.

                       (4) "Department" means the Texas Department of Health.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 823.002.  Exemption for Certain Counties, Clinics, and Facilities.

         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.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. 
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 280, eff. Sept. 1,
1991.

Sec. 823.003.  Standards for Animal Shelters; Criminal Penalty.

         (a) Each animal shelter operated in this state shall comply
with the standards for housing and sanitation existing on
September 1, 1982, and adopted under Chapter 826 (Rabies Control
Act of 1981).

         (b) 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) An animal shelter may not confine healthy animals with
sick, injured, or diseased animals.

         (d) Each person who operates an animal shelter shall employ a
veterinarian at least once a year to inspect the shelter to
determine whether it complies with the requirements of this
chapter.  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 each 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 person commits an offense if the person substantially
violates this section.  An offense under this subsection is a
Class C misdemeanor.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 823.004.  Personnel Training.

         The board shall prescribe standards and charge reasonable fees
for training animal shelter personnel in animal health and
disease control, humane care and treatment of animals, control of
animals in an animal shelter, and the transportation of animals.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 823.005.  Advisory Committee.

         (a) The governing body of a county or municipality in which an
animal shelter is located shall appoint an advisory committee to
assist in complying with the requirements of this chapter.

         (b) The advisory committee must be composed of at least one
licensed veterinarian, one county or municipal 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.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 823.006.  Prohibited Methods of Death.

         (a) A person commits an offense if the person kills 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:

                       (1) unfiltered or uncooled carbon monoxide; 

                       (2) curariform drugs, used alone, including curare,
         succinylcholine, pancuronium, and glyceryl fenesin; 

                       (3) magnesium salts, used alone; 

                       (4) chloral hydrate; 

                       (5) nicotine; or

                       (6) strychnine.

         (b) An offense under this section is a Class C misdemeanor.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 823.007.  Injunction.

         A court of competent jurisdiction may, on the petition of any
person, prohibit by injunction the substantial violation of this
chapter.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989