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.