89R9249 MCF-D     By: Tepper H.B. No. 3777       A BILL TO BE ENTITLED   AN ACT   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.