Relating to requirements for the owner of a dog taken into custody by an animal control authority; authorizing a civil penalty.
relating to requirements for the owner of a dog taken into custody
by an animal control authority; authorizing a civil penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 822, Health and Safety Code, is amended
by adding Subchapter F to read as follows:
SUBCHAPTER F. OWNER REQUIREMENTS FOR DOG TAKEN INTO CUSTODY BY
ANIMAL CONTROL AUTHORITY
Sec. 822.151. DEFINITIONS. In this subchapter:
(1) “Animal control authority” has the meaning
assigned by Section 822.001.
(2) “Core vaccine” means a combination vaccine that
protects a dog against distemper, hepatitis, parainfluenza, and
parvovirus.
(3) “Department” means the Department of State Health
Services.
(4) “Releasing agency,” “sterilization,” and
“veterinarian” have the meanings assigned by Section 828.001.
Sec. 822.152. APPLICABILITY. This subchapter does not
apply to the owner of a dog taken into custody by an animal control
authority if the dog:
(1) is younger than four months of age;
(2) qualifies as a service animal under the Americans
with Disabilities Act of 1990 (42 U.S.C. Section 12101 et seq.);
(3) is a purebred dog and is used exclusively for
competitions that judge dogs based on a dog’s conformity to an
established breed standard;
(4) is a dog for which a veterinarian in writing
certifies the dog should not be microchipped, vaccinated, or
sterilized for health reasons; or
(5) is owned by a dog breeder licensed under Chapter
802, Occupations Code, except as provided by Section 822.157.
Sec. 822.153. ANIMAL CONTROL AUTHORITY REQUIREMENTS. An
animal control authority that takes a dog into custody shall as soon
as practicable:
(1) locate the dog’s owner;
(2) provide written notice to the dog’s owner in
accordance with Section 822.154; and
(3) deliver the dog to a releasing agency.
Sec. 822.154. NOTICE REQUIREMENTS. The written notice
required under Section 822.153 must:
(1) instruct the dog’s owner to comply with the
requirements of this subchapter; and
(2) inform the dog’s owner that the owner:
(A) may be liable for a civil penalty in
accordance with Section 822.158; and
(B) may incur additional liability and an
increased civil penalty amount if the dog is subsequently taken
into custody.
Sec. 822.155. OWNER REQUIREMENTS FOR DOG INITIALLY TAKEN
INTO CUSTODY. (a) Not later than the 30th day after the date of
receiving the notice required by Section 822.153, the owner of a dog
initially taken into custody shall provide the animal control
authority with evidence the dog was microchipped and vaccinated
with a core vaccine.
(b) If the date described by Subsection (a) falls on a
Saturday, Sunday, or legal holiday, the deadline is extended to the
first day after the date that is not a Saturday, Sunday, or legal
holiday.
Sec. 822.156. OWNER REQUIREMENTS FOR DOG TAKEN INTO CUSTODY
FOR SECOND TIME. (a) Not later than the 60th day after the date of
receiving the notice required by Section 822.153, the owner of a dog
taken into custody for a second time by an animal control authority
shall provide the authority with a letter confirming the dog’s
sterilization and signed by the veterinarian who performed the
sterilization.
(b) If the date described by Subsection (a) falls on a
Saturday, Sunday, or legal holiday, the deadline is extended to the
first day after the date that is not a Saturday, Sunday, or legal
holiday.
Sec. 822.157. REQUIRED STERILIZATION OF DOG OWNED BY DOG
BREEDER. Notwithstanding Section 822.152(5), a dog breeder
licensed under Chapter 802, Occupations Code, is subject to
Sections 822.156 and 822.158 if the breeder’s dog is taken into
custody more than two times by an animal control authority.
Sec. 822.158. CIVIL PENALTY. (a) A person who violates
Section 822.155 is liable for a civil penalty of $250.
(b) A person who violates Section 822.156 is liable for a
civil penalty of $750.
(c) The attorney general or the appropriate district or
county attorney may:
(1) bring an action on behalf of this state to collect
the civil penalty under this section; and
(2) recover attorney’s fees and costs incurred in
bringing the action.
Sec. 822.159. STERILIZATION REQUIREMENTS. Chapter 828
applies to the sterilization of a dog under Section 822.156.
Sec. 822.160. MICROCHIP FEE. A person may not charge the
owner of a dog a fee in an amount that exceeds $50 to microchip a dog
under Section 822.155.
Sec. 822.161. LETTER CONCERNING DOG’S DEATH. If a dog dies
on or before the applicable compliance date required under Section
822.155 or 822.156, the owner shall deliver to the releasing agency
a letter that meets the requirements of Section 828.006.
SECTION 2. This Act takes effect September 1, 2025.
