(a) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise:
  (1) Releasing agency--a public or private animal pound, shelter, or humane organization. This term does not include an individual who occasionally renders humane assistance or shelter in the individual's home to a dog or cat.
  (2) Animal--a dog or cat.
  (3) Microchip--a transponder that is placed under an animal's skin by an injector and can be read by a microchip scanner.
  (4) Tattoo--a permanent etching formed by injecting ink into the basal layer of the epidermis of an animal.
(b) Sterilization required. A new owner of an animal released from a releasing agency must have the animal sterilized in accordance with Chapter 828, Health and Safety Code.
(c) Identification markers. An animal sterilized under this section must be identified by a microchip and/or a tattoo indicating that it has been sterilized.
  (1) A new owner of an animal with a microchip shall be responsible for providing information to the data base registry of the microchip manufacturer indicating that the animal has been sterilized.
  (2) A tattoo must:
    (A) be placed on the inside of the animal's thigh near the abdomen or on the caudal-ventral abdomen;
    (B) be imprinted with ink that is manufactured in the United States;
    (C) meet the standards of the federal Food and Drug Administration for tattooing;
    (D) be of a contrasting color to the predominant color of the skin in which it is tattooed; and
    (E) consist of the universal symbol for male or female overlain by a slash through the circle to indicate sterilization.

Source Note: The provisions of this §573.77 adopted to be effective June 14, 2012, 37 TexReg 4229