(1) As authorized by the Texas Health and Safety Code, §828.014,
relating to the animal friendly account, the department shall institute
and administer grants under this subchapter.
(2) The grants shall be known as a part of the "Department
of State Health Services Animal Friendly Account."
(3) This subchapter governs the administration of the
account, the submission and review of grant applications, and the
award of the grants.
(b) Definitions. The following words and terms, when
used in this subchapter, shall have the following meanings, unless
the context clearly indicates otherwise.
(1) Closing date--Date specified in the request for
proposals as the date on which applications must be received or postmarked.
(2) Custodian--A person or agency which feeds, shelters,
harbors, owns, has possession or control of, or has the responsibility
to control an animal.
(3) Department--The Department of State Health Services.
(4) Local nonprofit veterinary medical association--An
organization set up by and comprised of several volunteer veterinarians
in their immediate region for the purpose of presenting continuing
education, planning group activities, or discussing issues common
to their professional field.
(5) Nonprofit organization--A private, nonprofit, tax-exempt
corporation, association or organization under Internal Revenue Code
of 1986, §501(c)(3) (26 United States Code §501(c)(3)).
(6) Releasing agency--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.
(7) Sterilization--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. Surgery or nonsurgical sterilization must
be performed in accordance with Health and Safety Code, §828.012.
(1) The intent of the grants is to increase the sterilization
of dogs and cats owned by the general public at minimal or no cost.
(2) Grant funds will not be used to:
(A) augment a releasing agency's adoption sterilization
(B) fund programs that do not operate within the State
(3) One grant per grant period will be awarded per
agency for the sterilization of dogs and/or cats.
(d) Sources and Allocation of Funds.
(1) Funds for the grants shall be provided in accordance
with the Texas Health and Safety Code, §828.014, relating to
the animal friendly account.
(2) All grants shall be awarded competitively according
to the provisions of this subchapter.
(3) Grants shall be made only to the extent that funds
are available in the animal friendly account.
(4) The department shall have the authority and discretion
(A) determine the purpose(s) of the grants pursuant
to law and this subchapter;
(B) approve or deny grant applications;
(C) determine the number, size, and duration of grants;
(D) modify or terminate grants.
(5) The department shall not be liable, nor shall grant
funds be used, for any costs incurred by applicants in the development,
preparation, submission, or review of applications.
(e) Eligibility for Grants. Eligible applicants include:
(1) a releasing agency;
(2) an organization that is qualified as a charitable
organization under the Internal Revenue Code, §501(c)(3), 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.
(f) Requirements for Grants.
(1) The department shall specify reasonable requirements
for grant applications.
(2) Applicants for grants shall submit as a part of
their application a plan of how they intend to provide sterilization
services to their target population, compliant with the Texas Health
and Safety Code, Chapter 828, and this section.
(3) Grant recipients shall make quarterly reports to
the department in a form and at a time determined by the department.
(g) Procedures for Grant Announcements.
(1) Before applications are requested, the department
shall distribute a notice of grant availability throughout the state
(such as by mail or email). The notices will include details about
the grants, instructions for obtaining a request for proposals, and
the names of persons to contact in the department for further information.
(2) The department shall maintain a list of persons
and organizations to be notified of request for proposals. Any person
or organization wanting to be placed on the list should contact: Animal
Friendly Account, Zoonosis Control Branch, Mail Code 1956, P. O. Box
149347, Austin, Texas 78714-9347.
(3) The department shall develop and publish one or
more request for proposals, which shall contain details concerning,
but not limited to, the following:
(A) the nature and purpose(s) of the grants;
(B) the total amount of funds available for the grants
under each part;
(C) the maximum and minimum dollar amounts that will
be awarded for individual grants and for individual grantees;
(D) the information and format required for grant applications;
(E) information about the criteria used to judge grant
(F) the closing date.
(h) Procedures for Grant Applications.
(1) The department may specify any reasonable requirements
for grant applications, including, but not limited to, length, format,
authentication, and supporting documentation.
(2) Applications that are incomplete or substantially
inconsistent with the requirements of this subchapter may be rejected
without further consideration at the discretion of the department.
(3) Applications received after the closing date will
not be considered, unless the closing date is extended by the department.
(4) Applicants will be given a minimum of 60 calendar
days to file applications after a request for proposals is published.
Applications must be received by the department on or before the closing
date specified in the request for proposals. Applications received
after the closing date must be postmarked with a date equal to or
prior to the closing date.
(i) Competitive Review Process.
(1) Each application shall be reviewed by the department
for completeness, relevance to the published request for proposals,
adherence to department policies, general quality, technical merit,
and budget appropriateness.
(2) The department's review process shall be completed
within 45 days after the closing date.
(j) Selection Criteria.
(1) No grant shall be approved unless, in the opinion
of the department:
(A) the application contains an explanation as to why
provision of low-cost sterilization for pets will help minimize pet-overpopulation
in their community;
(B) the application includes a workable plan to provide
sterilization of dogs and cats for the general public at low or no
(C) the application includes a method to report the
number, species, and sex of animals sterilized;
(D) the applicant specifies how the general public
will be made aware of the availability of low-cost sterilization;
(E) the applicant has a written non-discrimination
policy in place to ensure that no person is discriminated against
on the grounds of race, color, religion, sex, national origin, age,
(2) A grant application will be given funding preference,
in a manner determined by the department and announced in the request
for proposals, to the extent that it:
(A) includes an outreach program targeting pet custodians;
(B) documents the intent and ability of the applicant
to communicate and collaborate with the local health departments,
animal control agencies, animal welfare agencies, veterinary organizations,
and human services organizations;
(C) demonstrates a low cost for sterilization on a
per animal basis, thereby maximizing the number of animals which can
be sterilized; and
(D) contains such other information or criteria that
the department may specify and include in the request for proposals.
(k) Project Approval. Grant recipients shall execute
a contract with the department. The contract shall detail items such
as budget, reporting requirements, general provisions for department
grant contracts, and any other specifics that might apply to the award.
(l) Continuation Funding.
(1) Grant recipients may be eligible for continuation
funding. The department will consider the grant recipient's accomplishments,
progress toward stated goals and objectives, award of past grants,
and development of alternative funding. Applications shall be submitted
in accordance with this subchapter.
(2) The department will award continuation grants after
a review of applications in accordance with the provisions of this