CHAPTER 828. DOG AND CAT STERILIZATION

State Codes and Statutes

Statutes > Texas > Health-and-safety-code > Title-10-health-and-safety-of-animals > Chapter-828-dog-and-cat-sterilization

HEALTH AND SAFETY CODE

TITLE 10. HEALTH AND SAFETY OF ANIMALS

Sec. 828.001. DEFINITIONS. In this chapter:

(1) "New owner" means a person who is legally competent to enter

into a binding contract and who is adopting a dog or cat from a

releasing agency.

(2) "Releasing agency" means a public or private animal pound,

shelter, or humane organization. The term does not include an

individual who occasionally renders humane assistance or shelter

in the individual's home to a dog or cat.

(3) "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.

(4) "Veterinarian" means a person licensed to practice

veterinary medicine by the State Board of Veterinary Medical

Examiners.

Added by Acts 1991, 72nd Leg., ch. 373, Sec. 1, eff. Jan. 1,

1992.

Amended by:

Acts 2005, 79th Leg., Ch.

230, Sec. 1, eff. May 27, 2005.

Sec. 828.002. REQUIREMENTS FOR ADOPTION. Except as provided by

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.

Added by Acts 1991, 72nd Leg., ch. 373, Sec. 1, eff. Jan. 1,

1992.

Sec. 828.003. STERILIZATION AGREEMENT. (a) The sterilization

agreement used by a releasing agency must contain:

(1) the date of the agreement;

(2) the names, addresses, and signatures of the releasing agency

and the new owner;

(3) a description of the animal to be adopted;

(4) the sterilization completion date; and

(5) a statement, printed in conspicuous, bold print, that

sterilization of the animal is required under Chapter 828, Health

and Safety Code, and that a violation of this chapter is a

criminal offense punishable as a Class C misdemeanor.

(b) The sterilization completion date contained in the

sterilization agreement must be:

(1) the 30th day after the date of adoption in the case of an

adult animal;

(2) the 30th day after a specified date estimated to be the date

an adopted infant female animal becomes six months old or an

adopted infant male animal becomes eight months old; or

(3) if the releasing agency has a written policy recommending

sterilization of certain infant animals at an earlier date, the

30th day after the date contained in the written policy.

Added by Acts 1991, 72nd Leg., ch. 373, Sec. 1, eff. Jan. 1,

1992.

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 an animal that has been sterilized

under this chapter to receive an identification marker in a

manner authorized by the board.

Added by Acts 2005, 79th Leg., Ch.

230, Sec. 2, eff. May 27, 2005.

Sec. 828.004. STERILIZATION REQUIRED. (a) Except as provided

by this section, a new owner who signs an agreement under Section

828.002 shall have the adopted animal sterilized on or before the

sterilization completion date stated in the agreement.

(b) If the sterilization completion date falls on a Saturday,

Sunday, or legal holiday, the deadline is extended to the first

day that is not a Saturday, Sunday, or legal holiday.

presentation of a written report from a licensed veterinarian

stating that the life or health of the adopted animal may be

jeopardized by sterilization. There is no limit on the number of

extensions that may be granted under this subsection.

Added by Acts 1991, 72nd Leg., ch. 373, Sec. 1, eff. Jan. 1,

1992.

Amended by:

Acts 2005, 79th Leg., Ch.

230, Sec. 3, eff. May 27, 2005.

Sec. 828.0045. NONSURGICAL STERILIZATION. A licensed

veterinarian may use nonsurgical methods and technologies as

labeled and approved by the United States Food and Drug

Administration or the United States Department of Agriculture for

use by veterinarians to humanely and permanently render a dog or

cat unable to reproduce.

Added by Acts 2005, 79th Leg., Ch.

230, Sec. 4, eff. May 27, 2005.

Sec. 828.005. CONFIRMATION OF STERILIZATION. (a) Except as

provided by Section 828.006 or 828.007, each new owner who signs

a sterilization agreement under Section 828.002 shall deliver to

the releasing agency from which the animal was adopted a letter

signed by the veterinarian who performed the sterilization.

(b) The letter must be delivered in person or by mail not later

than the seventh day after the date on which the animal was

sterilized.

briefly describe the animal, and provide the date of

sterilization.

Added by Acts 1991, 72nd Leg., ch. 373, Sec. 1, eff. Jan. 1,

1992.

Amended by:

Acts 2005, 79th Leg., Ch.

230, Sec. 5, eff. May 27, 2005.

Sec. 828.006. LETTER CONCERNING ANIMAL'S DEATH. (a) If an

adopted animal dies on or before the sterilization completion

date agreed to under Section 828.002, the new owner shall deliver

to the releasing agency a signed letter stating that the animal

is dead.

(b) The letter must be delivered not later than the seventh day

after the date of the animal's death and must describe the cause

of death, if known, and provide the date of death.

required by Section 828.005.

Added by Acts 1991, 72nd Leg., ch. 373, Sec. 1, eff. Jan. 1,

1992.

Sec. 828.007. LETTER CONCERNING LOST OR STOLEN ANIMAL. (a) If

an adopted animal is lost or stolen before the sterilization

completion date agreed to under Section 828.002, the new owner

shall deliver to the releasing agency a signed letter stating

that the animal is lost or stolen.

(b) The letter must be delivered not later than the seventh day

after the date of the animal's disappearance and must describe

the circumstances surrounding the disappearance and provide the

approximate date of the disappearance.

required by Section 828.005.

Added by Acts 1991, 72nd Leg., ch. 373, Sec. 1, eff. Jan. 1,

1992.

Sec. 828.008. NOTICE OF FAILURE TO RECEIVE LETTER. A releasing

agency that does not receive a letter under Section 828.005,

828.006, or 828.007 before the expiration of the seventh day

after the sterilization completion date agreed to under Section

828.002 shall cause a complaint to be filed against the new

owner. It is a presumption under this law that the failure of the

new owner to deliver to the releasing agency a signed letter as

required under Section 828.005, 828.006, or 828.007 is the result

of the new owner's refusal to have the adopted animal sterilized.

The new owner may rebut this presumption at the time of the

hearing with the proof required under the above-mentioned

sections.

Added by Acts 1991, 72nd Leg., ch. 373, Sec. 1, eff. Jan. 1,

1992.

Sec. 828.009. RECLAMATION. (a) A releasing agency that does

not receive a letter under Section 828.005, 828.006, or 828.007

after the expiration of the seventh day after the sterilization

completion date agreed to under Section 828.002 may promptly

reclaim the animal from the new owner.

(b) A person may not prevent, obstruct, or interfere with a

reclamation under this section.

Added by Acts 1991, 72nd Leg., ch. 373, Sec. 1, eff. Jan. 1,

1992.

Sec. 828.010. CRIMINAL PENALTY. (a) A new owner that violates

this chapter commits an offense.

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

Added by Acts 1991, 72nd Leg., ch. 373, Sec. 1, eff. Jan. 1,

1992.

Sec. 828.011. ADOPTION STANDARDS. (a) Each releasing agency

may set its own standards for potential adopters if those

standards are applied in a fair and equal manner.

(b) If the releasing agency is a public facility, the standards

must be reasonably related to the prevention of cruelty to

animals and the responsible management of dogs and cats in the

interest of preserving public health and welfare.

Added by Acts 1991, 72nd Leg., ch. 373, Sec. 1, eff. Jan. 1,

1992.

Sec. 828.012. SURGERY AND OTHER VETERINARY SERVICES. (a)

Surgery or nonsurgical sterilization 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.

(b) A veterinarian employed by a releasing agency may not

perform nonemergency veterinary services other than sterilization

on an animal that the releasing agency knows or should know has

an owner. However, this subsection does not prevent a

veterinarian employed by a releasing agency from performing

veterinary services on an animal whose owner is indigent.

interfere with the independent professional judgment of a

veterinarian employed by or under contract with the releasing

agency.

Added by Acts 1991, 72nd Leg., ch. 373, Sec. 1, eff. Jan. 1,

1992. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.811,

eff. Sept. 1, 2001.

Amended by:

Acts 2005, 79th Leg., Ch.

230, Sec. 6, eff. May 27, 2005.

Sec. 828.013. EXEMPTIONS. This chapter does not apply to:

(1) a dog or cat that is claimed from a releasing agency by a

person who already owns the animal;

(2) a releasing agency located in a municipality that has in

effect an ordinance providing standards for dog and cat

sterilization that exceed the requirements provided by this

chapter;

(3) an institution of higher education that purchases or

otherwise procures a dog or cat for the purpose of biomedical

research, testing, or teaching; or

(4) a releasing agency located in:

(A) a county with a population of 20,000 or less; or

(B) a municipality with a population of 10,000 or less.

Added by Acts 1991, 72nd Leg., ch. 373, Sec. 1, eff. Jan. 1,

1992. Amended by Acts 1993, 73rd Leg., ch. 794, Sec. 1, eff. June

18, 1993.

Sec. 828.014. ANIMAL FRIENDLY ACCOUNT. (a) The Texas

Department of Health animal friendly account is a separate

account in the general revenue fund. The account is composed of:

(1) money deposited to the credit of the account under Section

502.291, Transportation Code; and

(2) gifts, grants, donations, and legislative appropriations.

(b) The Texas Department of Health administers the account. The

department may spend money credited to the account only to:

(1) make grants to eligible organizations that sterilize animals

owned by the general public at minimal or no cost; and

(2) defray the cost of administering the account.

(1) may accept gifts, donations, and grants from any source for

the benefit of the account; and

(2) by rule shall establish guidelines for spending money

credited to the account.

(d) In this section "eligible organization" means:

(1) a releasing agency;

(2) an organization that is qualified as a charitable

organization under Section 501(c)(3), Internal Revenue Code, that

has as its primary purpose:

(A) animal welfare; or

(B) sterilizing animals owned by the general public at minimal

or no cost; or

(3) a local nonprofit veterinary medical association that has an

established program for sterilizing animals owned by the general

public at minimal or no cost.

Added by Acts 1997, 75th Leg., ch. 657, Sec. 1, eff. Sept. 1,

1997. Amended by Acts 2001, 77th Leg., ch. 1292, Sec. 1, eff.

June 16, 2001.

Sec. 828.015. ANIMAL FRIENDLY ADVISORY COMMITTEE. (a) The

commissioner of public health shall appoint a seven-member animal

friendly advisory committee, composed of:

(1) one person licensed to practice veterinary medicine in this

state;

(2) one representative from a private releasing agency;

(3) one representative from a public releasing agency;

(4) one representative of an animal welfare organization;

(5) two representatives of the general public; and

(6) one representative from the Texas Department of Health.

(b) The commissioner shall designate one member as presiding

officer of the committee.

(1) meet at least twice each year or as called by the

commissioner of health;

(2) assist the Texas Board of Health in establishing guidelines

for the expenditure of money credited to the animal friendly

account; and

(3) review, and make recommendations to the Texas Department of

Health on, applications submitted to the department for grants

funded with money credited to the animal friendly account.

(d) Members of the committee serve without compensation and are

not entitled to reimbursement for expenses. Members of the

committee serve staggered four-year terms with the terms of as

near one-half as possible of the members expiring on January 31

of each even-numbered year.

Added by Acts 1997, 75th Leg., ch. 657, Sec. 1, eff. Sept. 1,

1997. Amended by Acts 2001, 77th Leg., ch. 1292, Sec. 2, eff.

June 16, 2001.

State Codes and Statutes

State Codes and Statutes

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