HomeMy WebLinkAboutResolution - 385 - Authorize Animal Control Supervisor Under HB 1323 To Control & Eradicate Rabies - 01_10_19801 �s� II DGV:bs
RESOLUTION #385 - 1/10/80
RESOLUTION
WHEREAS, the Legislature of the State of Texas has required the City
Council of the City of Lubbock to designate an officer of the City of Lubbock
to act as the local health authority for the control and eradication of rabies
under provisions of House Bill 1323; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Animal Control Supervisor of the City of Lubbock, Texas, shall
be the officer empowered to act under provisions of House Bill 1323 for the
control and eradication of rabies in the City of Lubbock, Texas.
Passed by City Council this loth day o
f .January , 19 80
WEST, MAYOR
ATTEET:
Evelyn_Gaff�ga, Xi y'Secre ar -T surer
APPROVED AS TO CONTENT:
Tom Trombley, Animal Control rvisor
APPROVED AS TO FORM:
Do d G. Vandiver, Assistant City
Attorney
Ch. 751 66th LEGISLATURE —REGULAR SESSION 66th LEG
Sec. 2. This Act takes effect September 1,1979.
Sec. 3. The importanee.of this legislation and the crowded condition g,
of the calendars in both houses create an emergency and an imperative
public necessity that the constitutional rule requiring bills to be read on Sec. 4.1 (a). A pers
three several days in each house be suspended, and this rule is hereby sus- .or: other attack on an ini
as capable of transmittin
pended. is rabid, shall report the
Passed by the'House on April 11, 1979, by a non -record vote; passed
by the Senate on May 22, 1979, by a viva-voce vote. the county or the city or
Approved June 13, 1979. �:mal is located;- or: in -.*h
r: the name and address 'o:
Effective Sept. 1, 1979.. i ;, , . _ :..known.',.-,.;!
n-
(b) The owner of an'
tacked an individual, or
to have attacked an indic
RABIES —CONTROL AND ERADICATION .:the local. health authorit;
owner resides.::.,
CHAPTER 752 ,, _ "-(c) The, local. health s
- this section.
An Act relating, to the control and -eradication tat, rabies, providing a penalty.
j:: T :�R. .., :; Sec. 5.13 (a) The loc
Be it •enacted by :the .Legi8lature;of, the. State �of days any animal that
`'rabid or has attacked an ii
Definitions (b) The board shall a
Section 1! In this Act: animals,- the procedures i
(1) "'Animal" -Means a'warm-blooded animal. 1 'facilities that may be used
(2) "Board" means the Texas'Board of Health � ' (c) In accordance witl
(3) "Commissioner" means the Commissioner of Health: may contract with one or
(4) "Person means an individual, corporation; or association: of providing and operating
(d)"..If a quarantined t
Duties of Texas Board of Health thority: shall humanely. di
Sec. 2.111 (a). The Texas Board of Health shall administer this Act and stToyed while in quaranti
may :adopt rules necessary, to•car;y--out the purpose of this Act.;;': head or brain of the.'animE
•(b) :The board'.may_ enter. into -_ontracts with•other.entities, governmen- ;of Iiealth'lahoratory:for to
P {1: ' (el' If a quarantined a
ia1 or private, necessary or, 4ppropriate;tq carry out.the provisions,•of :this 'health authority shall ,rel
:Act The contracts maylprovlde #or,payment•b' the state for materials,
equipment,;or services • if
F �eY j„6:Q•, 9 1 ,period,, P
n • _ - O , the: -owner has an
(c),•The:board,shall, e'ompile, analyze,•,and!publish-information;xelat- animal; or
ing to the control of rabiet'for'the education of physicians,ri vetenarians, _ (2); the `animal is wacc
public health personnel, and theseneral public.','
3 •': the : �) ii'i u�.Nil tip.': }4�k'�� C•,TC .l ! .SZ3r J .5 ') 8t 1''8 expens
_` , 1� v#['a s K# Designation nR: ocl►1- th Nes: 0 yam? : , xo� e_ ownez� o an >3
�i ` •heal �utiiori � Pa 1( ,f.
't44— zi Fa+ 1, .ml- ,�f,�a�#r Q - _ :the local �ea7tte at
,j .: , , y, governing . g k'
f body of: each` citiq ormtown lsha lid s gnate one :officer to act as the local ; suit to8c llecit those costs:
be the'county h alth. offs err �mun c pa! heath officer; 7sn mseAeal contro ated Qfy, '=. -does the roceeds, keep; `grant;
•not take possession c
`f cer, peace=officer,or any entity that the cdkh issioners caurt•:o>" `gov- iia of the quarantine J.
• t
erain bod tons>ders 'a ro riate exec teas 'reatricted ti yule"of the r yr" _` �,�
g y pP P p Y t
-' "board kk.'i3i �1t;rs i�92 r i zi[jl�liy ns'A m lv.st-arL+
�t.J�Yi* t�k.' ��� l,ar:'I�a# � �.
g. Veraon'� Azui.Mv 8t:A , 4477-de.'�j.LL4ji j4j. j'Yer°oa�p�Jlcnr�ly BL, anC4477--:4a,. �• + �� a -.. 1161
erno
10. Verne'n's Ana.Civ.St.-art>4477-�a, 1 S.' 't^
}4 • «,t c - �., - •'- s„I' •?Ir4P•.j:e, ..t',.i�.rxs!. c'r
852 ..,., :]'i .,J.7.1:fT I• v rrrT•!q• . ... '��
- .W' -
66th LEGISLATURE —REGULAR SESSION Ch. 752'
Repoils of exposure to rabies
Sec. 4.1'- (a) A person having knowledge of an animal bite or scratch
or other attack on an individual that the person could reasonably foresee
as capable of transmitting rabies, or of an animal that the person suspects ql;
is rabid, shall report the incident or'animal to a local health authority of
the county or the city or town in which the person lives, in which the ani-
mal is located, or in which .the attack occurs: ' The report shall include :
the name and address -of any victim and of the owner of the animal, if . ' x'i
known. M
(b) The owner of an'animal that is reported to'be rabid or to have at-
tacked an individual, or that the owner knows or suspects to be rabid or.
to have attacked an individual, shall submit the animal for quarantine to 4)
the local health authority of the county or the city or town in,which the _.;i ,
owner resides. Via:
(c) The local health authority shall investigate all reports filed under
this section.
Quarantine of animals
r a
Sec. 5.33 (a) The local health authority shall quarantine'for at least
1
10 days any animal that the authority has probable cause to -believe is
z':1
'rabid or has attacked an individual.'-`'
Ab) The board shall adopt rules governing the testing of quarantined
.°
animals,'the'procedures for and -method of quarantine, and the types of
1
facilities that may be. used for quarantine.. :
l
(c) In accordance with the rules of the board, a local health authority
�t
may contract with one or more public or private entities. for the purpose
of providing and operating a quarantine facility. "
(d) If a quarantined animal is found to be rabid,'the local health..au-
thority shall humanely- destroy the animal. If an animal dies or is'.de-
stroyed while :in quarantine, the local .health authority shall remove the
head or brain"of the `animal and submit it to the nearest Texas Department
of health laboratory for testing
(e)' If a_quarantined animal is found to be free from rabies, the local
`health authority. shall release it to the owner following the: quarantine
c
period if ;-_ - r
(1)-the owner has an unexpired'rabies"vaccination"certificate for the
.animal;' n
or
_ r
(2) ;the animal is vaccinated against rabies bya licensed veterinarian
``
atthe owner's expense.''
.;M ' The owner of an animal that¢js quarantined under this Act shall
of thesgnar*ntme
I
pay.to-Ehe�local thealYh',suthority'the reasonable'costs
and-dispoart#on ofhe-aniiiiaj;xahali`e'local health authority,'may.tiririg
.suit to collect those costs ':,The'local'ihealth authority'may sell and- retain
,
;'the proceeds,'keep;'grant, or destroy an animal that the owner custodian
-or
Aces not take possession of on or before the 15th day following the"final
c
day of the quarantine
12.' --vernon•s' &v st art44T:: 1 4 '1 13. Vernon's Ann.Cli.st' akt 4477-ems; 15.
a'4�'
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Ch. 752 66th LEGISLATURE —REGULAR SESSION
66th LE(
fares, buildings, barns,
Vaccination required _-
ever said Commission a;
Sec. 6.14 (a) Except as otherwise provided by rule of the board, the
transmission thereof ex
stock, domestic animals
owner of each dog or cat shall have the dog or cat vaccinated against
stock, domestic animalf
rabies by the time the dog or cat is four months of age and at regular in-
eases or to the germs c
tervals thereafter as prescribed by rule of the board.-... ;
-
Said Commission shall ;
(b) A veterinarian who vaccinates a dog or cat against rabies shall
issue to the owner'of the animal .a vaccination certificate -in a form ap-
forcing the provisions c
proved by the board.
ized control the sale
(c) No county, city, or town may register or license an animal that has
sion of this AcY shall i
o
not been vaccinated in accordance with this section.
hereof relate to scabies
Importation of certain animals
ly mentioned. When re
tious, contagious and c
Seca 7.16 The commissioner by rule may'adopt a list of types of ani-
strued as having refer
mals that the commissioner finds have a high probability of carrying
states that scabies is
rabies and constitute a danger to public health if brought into this state.
scabies eradication an
spectors of the Commit
Penalties
:for said purposes, and
Sec. 816 (a) A person commits an offense if the person knowingly
; tle or sheep are free of
violates Section 6 0# this Act.
by Inspectors appointee
(b) ,A person commits_ an offense if the person brings into this state
:;certifying _that live atc
an animal that is on the list adopted by the commissioner under Section
; oniy by -Inspectors apl
7 of this Act.
---reference to issuing set
(c) An offense. under this section is ' Class C misdemeanor.
r;.for the :purpose' of dipj
Sec. 9. Section 1, Chapter 52,Acts of the 41st Legislature, 1st Called
scabies. Where -cattle
Session,,1929 (Article 7014f-1, Vernon's Texas Civil -Statutes), is -amend-
.:actors prosecutions fo;
ed 17 to read as follows:
clause for'violating qu.
Section 1. It shall be the duty of the Texas Animal Health Commis-
- clause of this Act.shail
sion provided in .'article 7009 Revised Civil Statutes of 1925 to protect all
Act the same shall also
cattle, horses, mules, asses, sheep, goats, hogs, and other ,live stock, and
all domestic animals and domestic fowls of this State from infection, `con-
tagion or ;exposure to the infectious, contagious and communicable dis-
Sec. 10. This Act 1
eases enumerated in this Section, to -wit: Tuberculosis, anthrax, glanders,
infectious abortion, hemorrhagic septicemia, hog cholera, malts fever, foot
and. mouth disease, rabies and 'other similar 'and 'dissimil'ar contagiousASic.
'iecognized
11. The impoi
and infectious diseases of live stock by"the veterinary profes-`-of
the :calendars in ba
sion .as infectious or .contagious; -also.. Bacillary, White, D}arrhea :among
-Said
aecesaity that t
fowls. Commission stay at its discretion whenever it .is deemed
three several in
necessary or advisable also to .engage in the. eradication and control of
-days
suspended _. E,:•, .
any disease of any kind or character that affects animals, livestock; fowls,
- `,passed by the Hou
-or •canines regardless of, ,whether said diseases_ are infectious, contagious
r;or communicable'and may Jestablisfi necessary, quarantines for said pur
,;�.:
; : concurred' in Sens
�,. , ,..., . z � � ..:
pose.._-IIt shall be. the .duty !of.Alie Commission to,' establish quarantines
- May 24; 1979: 'Ye
May
against other States, territories and foreign countries and portions.".there-
June- X
of. whenever: said: Commission ascertains or is informed that any_U said
#.
.,'Effectiven. 1, 19
Jan.
f, diseases- exist therein, and to,,establish quarantines :.within the State of
Texas on' 'cattle, horses;' mules, asses, sheep, goats, hogs' and other live
.N
stock, domestic animals and domestic fowls, also counties, districts,'areas
premises ,=lands,,pastures, lots, iiinches, farms,..fields, .ranges,..thorougli-
14. Vernon's Ann.Civ.St. art. 4477-6a, 11. 16. Vernon's Ann.Civ.St. art, 4477--ea, f
"�`
15. Vernon's Ann.Civ.Bt art. 4477-6a, f T. S.
Vernon's Ann Civ.St art. 7014f-1. 1 1.
cc��17.
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