Thursday, March 12, 2009

Texas Bill for spaying and neutering.

There is currently a bill in the TX legislature that needs immediate attention. This bill will require, from what the wording says, that ALL dogs and cats will be required to be spayed and neutered, regardless of the use of the dog or cat. The only animals that seem to be able to not be sterilized are show dogs(?) or if the owner pays a $300 fee. Please read this bill at: http://www.legis.state.tx.us/BillLookup/History.aspx?LegSess=81R&Bill=SB1845
I have enclosed it below. Does anyone else know about this bill?

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1R7481 JSC-D

By: Van de Putte S.B. No. 1845



A BILL TO BE ENTITLED
AN ACT
relating to the sterilization of dogs and cats; providing a penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Chapter 828, Health and Safety Code, is amended to read as follows:
CHAPTER 828. DOG AND CAT ADOPTION AND STERILIZATION
SECTION 2. Section 828.002, Health and Safety Code, is amended to read as follows:
Sec. 828.002. REQUIREMENTS FOR ADOPTION. (a) Except as provided by Subsections (b) and (c) [Section 828.013], a releasing agency may not release a dog or cat for adoption unless the animal has been sterilized [or the release is made to a new owner who signs an agreement to have the animal sterilized].
(b) This section does not apply to an animal:
(1) that is less than six months old;
(2) for which a veterinarian has certified that the animal should not be sterilized for health reasons; or
(3) that is a service animal.
(c) This section does not apply to an animal that is claimed from a releasing agency by a person who already owns the animal if:
(1) the animal is exempt under Subsection (b);
(2) the animal is a purebred animal displayed at a competitive exhibition to determine how well it physically conforms to an established breed standard; or
(3) the owner holds a permit for the animal issued under Section 830.003.
SECTION 3. Section 828.0035, Health and Safety Code, is amended to read as follows:
Sec. 828.0035. STATE BOARD OF VETERINARY MEDICAL EXAMINERS. The State Board of Veterinary Medical Examiners shall:
(1) develop information sheets regarding surgical or nonsurgical sterilization to be distributed by a releasing agency to a new owner; and
(2) adopt rules requiring a dog or cat [an animal] that has been sterilized [under this chapter] to receive an identification marker in a manner authorized by the board.
SECTION 4. Section 828.012(a), Health and Safety Code, is amended to read as follows:
(a) Surgery or nonsurgical sterilization of a dog or cat [performed in accordance with this chapter] must be performed by a veterinarian or a full-time student of an accredited college of veterinary medicine as provided by Chapter 801, Occupations Code.
SECTION 5. Title 10, Health and Safety Code, is amended by adding Chapter 830 to read as follows:
CHAPTER 830. GENERAL RESPONSIBILITY OF DOG OR CAT OWNER TO STERILIZE
Sec. 830.001. DEFINITIONS. In this chapter:
(1) "Sterilization" means the surgical removal of the reproductive organs of a dog or cat or the use of nonsurgical methods and technologies approved by the United States Food and Drug Administration or the United States Department of Agriculture to permanently render the animal unable to reproduce.
(2) "Veterinarian" means a person licensed to practice veterinary medicine by the State Board of Veterinary Medical Examiners.
Sec. 830.002. STERILIZATION REQUIRED. (a) Except as provided by Subsection (b), a person who owns a dog or cat shall have the animal sterilized.
(b) This section does not apply to an animal:
(1) that is less than six months old;
(2) for which a veterinarian has certified that the animal should not be sterilized for health reasons;
(3) that is a service animal;
(4) that is a purebred animal displayed at a competitive exhibition to determine how well it physically conforms to an established breed standard; or
(5) for which the owner holds a permit issued under Section 830.003.
Sec. 830.003. INTACT ANIMAL PERMIT. (a) A person must hold an intact animal permit issued by the appropriate local animal control authority for each dog or cat the person keeps unsterilized for breeding purposes.
(b) An animal control authority shall charge a fee for the issuance of a permit under this section in the amount of $300.
Sec. 830.004. CRIMINAL PENALTY. A person who violates Section 830.002 commits a Class C misdemeanor. Each animal that a person owns in violation of that section is a separate offense.
SECTION 6. Sections 828.003, 828.004, 828.005, 828.006, 828.007, 828.008, 828.009, 828.010, 828.013, and 828.015, Health and Safety Code, are repealed.
SECTION 7. This Act takes effect September 1, 2009.

2 comments:

Nick said...

I think your getting your knickers in a twist for no reason. The law sets the limits of the scope of the act in the first paragraph to "...a releasing agency may not release a dog or cat for adoption unless the animal has been sterilized..."

So, what is a 'releasing agency' you ask. A releasing agency is generally regarded as a shelter or humane society, or other place you would adopt animals for nominal fee.

DeltaBluez Tess said...

>>Sec. 830.003. INTACT ANIMAL PERMIT. (a) A person must hold an intact animal permit issued by the appropriate local animal control authority for each dog or cat the person keeps unsterilized for breeding purposes.
(b) An animal control authority shall charge a fee for the issuance of a permit under this section in the amount of $300.
<<

This is the part I have issue with...you have an intact dog and it will cost you $300 fee?