Tepper Dog Bill Exempts Licensed Breeders From The Microchip Rule

The text as introduced · 777 words

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.