CHAPTER 828. DOG AND CAT STERILIZATION
HEALTH AND SAFETY CODE
TITLE 10. HEALTH AND SAFETY OF ANIMALS
CHAPTER 828. DOG AND CAT STERILIZATION
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.
(c) A releasing agency may extend the deadline for 30 days on
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.
(c) The letter must state that the animal has been 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.
(c) The letter required by this section is in lieu of the letter
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.
(c) The letter required by this section is in lieu of the letter
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.
(c) A person associated with a releasing agency may not
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.
(c) The Texas Board of Health:
(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.
(c) The committee shall:
(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.