CHAPTER 827.  RIDING STABLES

Sec. 827.001.  Definitions.

         In this chapter:

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

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

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

                       (4) "Person" means an individual, partnership, corporation,
         trust, estate, joint-stock company, foundation, political
         subdivision, or association of individuals.

                       (5) "Riding stable" means an establishment open to the
         public that keeps one or more equine animals for hire for
         recreational purposes for riding or driving.

Added by Acts 1991, 72nd Leg., ch. 14, Sec. 281, eff. Sept. 1,
1991.

Sec. 827.002.  Exemptions.

         This chapter does not apply to:

                       (1) a youth camp regulated under Chapter 141 (Texas Youth
         Camp Safety and Health Act); or

                       (2) a person operating a riding stable under a concession
         contract in a national park located in the state.

Added by Acts 1991, 72nd Leg., ch. 14, Sec. 281, eff. Sept. 1,
1991.

Sec. 827.003.  Registration of Riding Stables.

         (a) A person may not operate a riding stable without a
certificate of registration issued by the department for each
separate location at which a stable is to be operated.

         (b) The board shall set reasonable fees for registration and
renewal of registration sufficient to pay all costs of the
registration program established under this chapter.  A
certificate of registration is not transferable and is valid for
two years from the date of issuance or renewal unless suspended
or revoked.

         (c) As a condition to the grant or renewal of a certificate of
registration, the facilities and personnel of the applicant must
meet standards prescribed by the board for the humane care and
treatment, health and disease control, housing, sanitation, and
control of equine animals.

         (d) An application for a certificate of registration to operate
a riding stable or for renewal of a certificate must be made on
the appropriate form prescribed by the board and must be
accompanied by the appropriate fee.  The fees are nonrefundable. 
Each application for a certificate or renewal of a certificate
must be accompanied by a signed statement issued by a
veterinarian licensed to practice in the state that states that
the veterinarian inspected the facilities of the applicant not
earlier than the 90th day before the date of the application and
finds those facilities to be in compliance with the standards
prescribed under Section 827.004(a). The applicant shall choose
and compensate the inspecting veterinarian.

Added by Acts 1991, 72nd Leg., ch. 14, Sec. 281, eff. Sept. 1,
1991.

Sec. 827.004.  Powers and Duties of Board and Department.

         (a) The board shall establish standards that are for the
operation of riding stables and designed to ensure:

                       (1) the maintenance of sanitary conditions in the facilities
         that keep equine animals;

                       (2) the provision of proper ventilation for those
         facilities;

                       (3) the provision of humane care and treatment of equine
         animals, including the provision of adequate nutrition and
         water; and

                       (4) the exercise of reasonable care to protect the health of
         equine animals kept in riding stable facilities and to prevent
         the spread of disease among the animals.

         (b) The board may adopt rules it considers necessary to carry
out this chapter.

         (c) The board may enter into contracts or other agreements
necessary to carry out this chapter.

         (d) The department may use any available funds to pay for
material, equipment, and services covered by a contract or other
agreement made by the board.

Added by Acts 1991, 72nd Leg., ch. 14, Sec. 281, eff. Sept. 1,
1991.

Sec. 827.005.  Inspections.

         If the department has reasonable grounds to believe that the
standards established by the board have been violated, the
department or its agents may enter the facility or other premises
regulated by this chapter at reasonable times to determine
compliance with the standards.  For this purpose, the department
shall employ agents and shall prescribe qualifications for them.

Added by Acts 1991, 72nd Leg., ch. 14, Sec. 281, eff. Sept. 1,
1991.

Sec. 827.006.  Denial, Suspension, or Revocation of Certificate of
Registration.

         (a) If the commissioner finds after inspection that an
applicant has failed to comply with the minimum standards for the
humane care and treatment, health and disease control, housing,
sanitation, and control of equine animals, the commissioner:

                       (1) may not issue a certificate of registration to the
         applicant;

                       (2) shall give the applicant written notice of the denial
         and the reasons for it;

                       (3) shall conduct a hearing on the denial not later than the
         31st day after the date a request for a hearing is received
         from the applicant; and

                       (4) may not issue a certificate of registration if after the
         hearing the commissioner finds noncompliance with the
         standards.

         (b) If the commissioner finds after inspection that a
registered riding stable has failed to comply with the minimum
standards, the commissioner shall give written notice to the
registrant of a hearing to be held not later than the 31st day
after the date the notice is given.  If after the hearing the
commissioner finds noncompliance with the standards, the
commissioner shall revoke the certificate of registration.

         (c) If the commissioner finds after inspection that a
registrant has committed a gross violation of the standards, the
commissioner, after giving notice to the registrant, may suspend
the certificate of registration pending a hearing for a period
not to exceed 31 days and shall give written notice of a hearing
to be held not later than the 31st day after the date the notice
is given.  If after the hearing the commissioner finds
noncompliance with the standards, the commissioner shall revoke
the certificate of registration.

Added by Acts 1991, 72nd Leg., ch. 14, Sec. 281, eff. Sept. 1,
1991.

Sec. 827.007.  Seizure and Sale of Animals.

         (a) If the commissioner suspends or revokes a certificate of
registration for a riding stable, the commissioner may apply to a
justice of the peace for a writ ordering a sheriff or other peace
officer to seize any of the animals kept at the riding stable. 
The justice of the peace shall issue the writ if the justice
finds probable cause to believe that any of the animals are in
danger of being harmed by a gross violation of standards required
for registration.

         (b) Employees of the department are entitled to accompany the
peace officer carrying out the seizure.

         (c) If the department revokes the certificate of registration
after a hearing, the commissioner shall order that the animals be
sold at public auction unless before the sale the commissioner's
action to revoke the certificate is reversed on judicial review. 
The person whose registration was revoked or that person's agent
may not participate in the auction.

         (d) Proceeds from the sale of the animals shall be applied
first to the expenses incurred in conducting the sale.  The
commissioner shall return the remainder of the proceeds to the
person whose certificate of registration was revoked.

         (e) If the commissioner is unable to sell an animal at auction,
the commissioner may have the animal destroyed in a humane manner
or may give the animal to a nonprofit animal shelter, pound, or
society for the protection of animals.

Added by Acts 1991, 72nd Leg., ch. 14, Sec. 281, eff. Sept. 1,
1991.

Sec. 827.008.  Informal Disposition of Matter.

         Sections 827.006 and 827.007 do not preclude an informal
disposition of a matter by an agreed order between a registrant
and the department.

Added by Acts 1991, 72nd Leg., ch. 14, Sec. 281, eff. Sept. 1,
1991.

Sec. 827.009.  Appeal.

         A person whose application for a certificate of registration or
renewal has been denied or whose certificate of registration has
been revoked by the commissioner is entitled to judicial review
in accordance with Chapter 2001, Government Code.

Added by Acts 1991, 72nd Leg., ch. 14, Sec. 281, eff. Sept. 1,
1991.

Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), eff.
Sept. 1, 1995.

Sec. 827.010.  Disposition of Fees.

         The fees collected under this chapter may be used by the
department only for the administration and enforcement of this
chapter.

Added by Acts 1991, 72nd Leg., ch. 14, Sec. 281, eff. Sept. 1,
1991.

Sec. 827.011.  Penalty.

         (a) A person commits an offense if the person intentionally or
knowingly operates a riding stable in violation of Section
827.003(a).

         (b) An offense under this section is a Class B misdemeanor. 
Each day of violation is a separate offense.

Added by Acts 1991, 72nd Leg., ch. 14, Sec. 281, eff. Sept. 1,
1991