Bill Text: TX HB2063 | 2023-2024 | 88th Legislature | Enrolled
Bill Title: Relating to required informed consent before a dog or cat may be boarded at a kennel and left unattended; providing a civil penalty.
Spectrum: Bipartisan Bill
Status: (Passed) 2023-06-02 - Effective on 9/1/23 [HB2063 Detail]
Download: Texas-2023-HB2063-Enrolled.html
| H.B. No. 2063 | ||
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| relating to required informed consent before a dog or cat may be | ||
| boarded at a kennel and left unattended; providing a civil penalty. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Title 10, Health and Safety Code, is amended by | ||
| adding Chapter 824 to read as follows: | ||
| CHAPTER 824. KENNELS | ||
| Sec. 824.001. DEFINITIONS. In this chapter: | ||
| (1) "Fire protection sprinkler system" has the meaning | ||
| assigned by Section 766.051. | ||
| (2) "Kennel" means a facility, including a veterinary | ||
| medicine clinic, that provides boarding and related services to | ||
| dogs or cats for breeding, sheltering, training, hunting, or | ||
| similar purposes in exchange for compensation or other | ||
| consideration. | ||
| Sec. 824.002. EXCEPTIONS TO APPLICABILITY OF CHAPTER. This | ||
| chapter does not apply to: | ||
| (1) an animal shelter as defined by Chapter 823; or | ||
| (2) a kennel that boards not more than three dogs or | ||
| cats at any time. | ||
| Sec. 824.003. REQUIRED INFORMED CONSENT FOR BOARDING OR | ||
| PROVIDING SERVICES TO DOG OR CAT TO BE LEFT UNATTENDED. A kennel | ||
| owner or operator who is boarding or providing services to a dog or | ||
| cat at the kennel may not leave the dog or cat unattended without an | ||
| employee present unless: | ||
| (1) the kennel owner or operator provides to the owner | ||
| of the dog or cat written notice that: | ||
| (A) the dog or cat will be left unattended at the | ||
| kennel without an employee present during the hours specified in | ||
| the notice; and | ||
| (B) if the kennel is not equipped with a | ||
| functioning fire protection sprinkler system, the facility does not | ||
| have a fire protection sprinkler system; and | ||
| (2) the owner of the dog or cat provides to the kennel | ||
| owner or operator a signed document consenting to the dog or cat | ||
| being left unattended as provided in the notice. | ||
| Sec. 824.004. CIVIL PENALTY. (a) A kennel owner or | ||
| operator who violates Section 824.003 is liable for a civil penalty | ||
| in an amount equal to $500 for each animal subject to the violation | ||
| and for each day the violation continues. | ||
| (b) 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. | ||
| SECTION 2. This Act takes effect September 1, 2023. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I certify that H.B. No. 2063 was passed by the House on April | ||
| 28, 2023, by the following vote: Yeas 109, Nays 35, 2 present, not | ||
| voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| I certify that H.B. No. 2063 was passed by the Senate on May | ||
| 15, 2023, by the following vote: Yeas 28, Nays 3. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| APPROVED: _____________________ | ||
| Date | ||
| _____________________ | ||
| Governor | ||
