State Codes and Statutes

Statutes > Texas > Health-and-safety-code > Title-10-health-and-safety-of-animals > Chapter-823-animal-shelters

HEALTH AND SAFETY CODE

TITLE 10. HEALTH AND SAFETY OF ANIMALS

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:

(1) housing and sanitation existing on September 1, 1982, and

adopted under Chapter 826; and

(2) animal control officer training adopted under Chapter 829.

(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 and Chapter 829. The veterinarian shall file copies of

the veterinarian's 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.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1331, Sec. 2, eff. September 1, 2007.

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. 823.007. 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.

Sec. 823.008. ENFORCEMENT BY COUNTY. (a) A county may enforce

this chapter.

(b) This section does not authorize a county to establish

standards for operating an animal shelter.

(c) A county may not enforce this chapter at an animal shelter

operated by a municipality.

Added by Acts 2009, 81st Leg., R.S., Ch.

924, Sec. 1, eff. June 19, 2009.

Sec. 823.009. CIVIL PENALTY. (a) A person may not cause,

suffer, allow, or permit a violation of this chapter or a rule

adopted under this chapter.

(b) A person who violates this chapter or a rule adopted under

this chapter shall be assessed a civil penalty. A civil penalty

under this chapter may not be less than $100 or more than $500

for each violation and for each day of a continuing violation.

This subsection does not apply at an animal shelter operated by a

municipality.

(c) If it appears that a person has violated, is violating, or

is threatening to violate this chapter or a rule adopted under

this chapter, the county or municipality in which the violation

occurs may institute a civil suit in district court for:

(1) injunctive relief to restrain the person from continuing the

violation or threat of violation;

(2) the assessment and recovery of the civil penalty; or

(3) both injunctive relief and the civil penalty.

(d) A bond is not required in an action brought under this

section.

Added by Acts 2009, 81st Leg., R.S., Ch.

924, Sec. 1, eff. June 19, 2009.

State Codes and Statutes

Statutes > Texas > Health-and-safety-code > Title-10-health-and-safety-of-animals > Chapter-823-animal-shelters

HEALTH AND SAFETY CODE

TITLE 10. HEALTH AND SAFETY OF ANIMALS

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:

(1) housing and sanitation existing on September 1, 1982, and

adopted under Chapter 826; and

(2) animal control officer training adopted under Chapter 829.

(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 and Chapter 829. The veterinarian shall file copies of

the veterinarian's 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.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1331, Sec. 2, eff. September 1, 2007.

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. 823.007. 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.

Sec. 823.008. ENFORCEMENT BY COUNTY. (a) A county may enforce

this chapter.

(b) This section does not authorize a county to establish

standards for operating an animal shelter.

(c) A county may not enforce this chapter at an animal shelter

operated by a municipality.

Added by Acts 2009, 81st Leg., R.S., Ch.

924, Sec. 1, eff. June 19, 2009.

Sec. 823.009. CIVIL PENALTY. (a) A person may not cause,

suffer, allow, or permit a violation of this chapter or a rule

adopted under this chapter.

(b) A person who violates this chapter or a rule adopted under

this chapter shall be assessed a civil penalty. A civil penalty

under this chapter may not be less than $100 or more than $500

for each violation and for each day of a continuing violation.

This subsection does not apply at an animal shelter operated by a

municipality.

(c) If it appears that a person has violated, is violating, or

is threatening to violate this chapter or a rule adopted under

this chapter, the county or municipality in which the violation

occurs may institute a civil suit in district court for:

(1) injunctive relief to restrain the person from continuing the

violation or threat of violation;

(2) the assessment and recovery of the civil penalty; or

(3) both injunctive relief and the civil penalty.

(d) A bond is not required in an action brought under this

section.

Added by Acts 2009, 81st Leg., R.S., Ch.

924, Sec. 1, eff. June 19, 2009.


State Codes and Statutes


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State Codes and Statutes

Statutes > Texas > Health-and-safety-code > Title-10-health-and-safety-of-animals > Chapter-823-animal-shelters

HEALTH AND SAFETY CODE

TITLE 10. HEALTH AND SAFETY OF ANIMALS

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:

(1) housing and sanitation existing on September 1, 1982, and

adopted under Chapter 826; and

(2) animal control officer training adopted under Chapter 829.

(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 and Chapter 829. The veterinarian shall file copies of

the veterinarian's 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.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1331, Sec. 2, eff. September 1, 2007.

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. 823.007. 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.

Sec. 823.008. ENFORCEMENT BY COUNTY. (a) A county may enforce

this chapter.

(b) This section does not authorize a county to establish

standards for operating an animal shelter.

(c) A county may not enforce this chapter at an animal shelter

operated by a municipality.

Added by Acts 2009, 81st Leg., R.S., Ch.

924, Sec. 1, eff. June 19, 2009.

Sec. 823.009. CIVIL PENALTY. (a) A person may not cause,

suffer, allow, or permit a violation of this chapter or a rule

adopted under this chapter.

(b) A person who violates this chapter or a rule adopted under

this chapter shall be assessed a civil penalty. A civil penalty

under this chapter may not be less than $100 or more than $500

for each violation and for each day of a continuing violation.

This subsection does not apply at an animal shelter operated by a

municipality.

(c) If it appears that a person has violated, is violating, or

is threatening to violate this chapter or a rule adopted under

this chapter, the county or municipality in which the violation

occurs may institute a civil suit in district court for:

(1) injunctive relief to restrain the person from continuing the

violation or threat of violation;

(2) the assessment and recovery of the civil penalty; or

(3) both injunctive relief and the civil penalty.

(d) A bond is not required in an action brought under this

section.

Added by Acts 2009, 81st Leg., R.S., Ch.

924, Sec. 1, eff. June 19, 2009.


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