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By: AAThompson H.B.ANo.A1451
A BILL TO BE ENTITLED
AN ACT
relating to the licensing and regulation of commercial dog and cat
breeders; providing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION A1.AAThe heading to Title 4, Occupations Code, is
amended to read as follows:
TITLE 4. PROFESSIONS RELATED TO ANIMALS [ANIMAL HEALTH]
SECTION A2.AATitle 4, Occupations Code, is amended by adding
Chapter 802 to read as follows:
CHAPTER 802. COMMERCIAL DOG AND CAT BREEDERS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. A802.001.AASHORT TITLE. This chapter may be cited as the
Commercial Dog and Cat Breeders Act.
Sec. A802.002.AADEFINITIONS. In this chapter:
(1) AA"Adult animal" means an animal
six months of age or
older.
(2) AA"Animal" means a dog or a cat.
(3) AA"Cat" means a mammal that is
wholly or partly of
the species Felis domesticus.
(4) AA"Commercial breeder" means
a person who possesses
11 or more adult intact female animals and is engaged in the
business of breeding animals for direct or indirect sale or for
exchange in return for consideration.
(5) AA"Commission" means the Texas
Commission of
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Licensing and Regulation.
(6) AA"Controlling person" means
an individual who:
(A) AAis a partner, manager, director,
officer, or
member of a commercial breeder;
(B) AApossesses the authority to
set policy or
direct management of a commercial breeder; or
(C) AApossesses a direct or indirect
control of 25
percent or more of a commercial breeder.
(7) AA"Department" means the Texas
Department of
Licensing and Regulation.
(8) AA"Dog" means a mammal that is
wholly or partly of
the species Canis familiaris.
(9) AA"Facility" means the premises
used by a commercial
breeder for keeping or breeding animals. The term includes all
buildings, property, and confinement areas used to conduct the
commercial breeding business.
(10) AA"Federal regulations" means
the specifications
for the humane handling, care, treatment, and transportation of
dogs and cats set forth in 9 C.F.R. Part 3, Subpart A.
(11) AA"Intact female animal" means
a female animal that
has not been spayed and is capable of reproduction.
(12) AA"Kitten" means a cat less than
six months old.
(13) AA"Local animal control agency"
means a municipal
or county animal control office with authority over the premises in
which an animal is kept or, in an area that does not have an animal
control office, the county sheriff.
(14) AA"Possess" means to have custody
of or control
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over.
(15) AA"Primary enclosure" means any
structure used to
restrict an animal to a limited amount of space. The term includes
a room, pen, run, cage, or compartment.
(16) AA"Puppy" means a dog less than
six months old.
(17) AA"Third-party inspector" means
any of the
following entities with which the department contracts under
Section 802.062, including an employee of the entity:
(A) AAa state agency;
(B) AAa local law enforcement agency
or fire
department; or
(C) AAa local animal control agency.
(18) AA"Veterinarian" means a veterinarian
in good
standing and licensed to practice veterinary medicine in this
state.
Sec. A802.003.AAAPPLICABILITY OF CHAPTER. (a) This chapter
does not affect the applicability of any other law, rule, order,
ordinance, or other legal requirement of the federal government,
this state, or a political subdivision of this state.
(b) AAThis chapter does not prevent
a municipality or county
from prohibiting or further regulating by order or ordinance the
possession, breeding, or selling of dogs or cats.
(c) AAThis chapter does not apply
to an animal regulated under
the Texas Racing Act (Article 179e, Vernon ’s Texas Civil Statutes).
[Sections 802.004-802.050 reserved for expansion]
SUBCHAPTER B. POWERS AND DUTIES OF COMMISSION AND DEPARTMENT
Sec. A802.051.AAGENERAL POWERS AND DUTIES; RULES. (a) The
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department shall administer and enforce this chapter.
(b) AAThe commission shall adopt
rules necessary to
administer and enforce this chapter.
Sec. A802.052.AAFEES. The commission by rule shall establish
reasonable and necessary fees in amounts sufficient to cover the
costs of administering and enforcing this chapter. In setting the
fee for inspecting or licensing a facility, the commission may
consider the number of adult intact female animals at the facility.
Sec. A802.053.AAPERSONNEL. The department may employ
personnel necessary to carry out the functions and duties of the
department under this chapter.
Sec. A802.054.AAEXPENSES. The department may authorize
disbursements necessary to implement this chapter, including
disbursements for office expenses, equipment costs, and other
necessary facilities.
Sec. A802.055.AACRIMINAL BACKGROUND CHECKS. The department
shall conduct a criminal background check on each applicant who
submits an application for a license under this chapter and on any
controlling person of the applicant. The department may, as
permitted by law:
(1) AAexamine any criminal conviction,
guilty plea, or
deferred adjudication of the applicant or controlling person; and
(2) AAobtain any criminal history
or record of the
applicant or controlling person.
Sec. A802.056.AADIRECTORY. (a) The department shall
maintain a directory of commercial breeders licensed, and
third-party inspectors registered, under this chapter.
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(b) AAThe department shall make the
directory available to the
public.
Sec. A802.057.AADISCIPLINARY DATABASE. (a) The department
shall maintain a database of commercial breeders who have been
subject to disciplinary action as provided by Subchapter F.
(b) AAThe department shall make the
information maintained in
the database available to the public.
Sec. A802.058.AACONSUMER INTEREST INFORMATION. (a) The
department shall prepare information of consumer interest
describing:
(1) AAthe functions performed by
the department under
this chapter; and
(2) AAthe rights of a consumer affected
by this chapter.
(b) AAThe information must describe
the procedure by which a
consumer complaint is filed with and resolved by the department.
(c) AAThe department shall make the
information available to
the public.
Sec. A802.059.AACOMMERCIAL BREEDER TRAINING AND ENFORCEMENT
ACCOUNT. (a) The commercial breeder training and enforcement
account is an account in the general revenue fund. Administrative
penalties collected under Subchapter F shall be deposited to the
credit of the account.
(b) AAFunds in the account may be
appropriated only to the
department for:
(1) AApromoting consumer awareness
of this chapter and
rules adopted under this chapter;
(2) AAsupporting educational seminars,
training
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activities, or other projects designed to benefit the department ’s
ability to administer this chapter;
(3) AApaying for information resulting
in disciplinary
action against a person under Subchapter F; and
(4) AAtaking any other action to
improve the
department ’s ability to investigate violations of and enforce this
chapter.
(c) AAThe commission by rule may
provide for a system to pay
for information resulting in disciplinary action against a person
under Subchapter F. Rules adopted under this subsection must
ensure that a public purpose is accomplished through the use of the
payment system.
(d) AAThe department may solicit
and accept gifts, grants, and
other donations from any source for deposit into the account.
(e) AAThe account is exempt from
the application of Section
403.095, Government Code.
Sec. A802.060.AAREGULATION OF THIRD-PARTY INSPECTORS. The
commission by rule may establish:
(1) AAtraining requirements for a
third-party
inspector;
(2) AAregistration procedures for
a third-party
inspector; and
(3) AApolicies governing the acts
of a third-party
inspector in conducting an inspection or investigation.
Sec. A802.061.AAREGISTRATION OF CERTAIN EMPLOYEES OF
COMMERCIAL BREEDERS. The commission by rule may establish
registration procedures for any person whose duties and
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responsibilities include the handling of or caring for an animal in
a commercial breeder ’s facility.
Sec. A802.062.AACONTRACTS FOR ENFORCEMENT. The department
may contract with a third-party inspector to enforce or assist in
the enforcement of this chapter and rules adopted under this
chapter, including the performance of inspections and
investigations required under this chapter.
Sec. A802.063.AAINSPECTIONS. (a) The department shall
inspect each facility of a licensed commercial breeder at least
once in every 12-month period and at other times as necessary to
ensure compliance with this chapter and rules adopted under this
chapter.
(b) AAThe inspection must be conducted
during the facility ’s
normal business hours, and the commercial breeder or a
representative of the commercial breeder may be present during the
inspection.
(c) AAThe department or third-party
inspector may not provide
advance notice to the commercial breeder or a representative of the
commercial breeder before arriving at the facility. The commercial
breeder or its representative shall, on request of an inspector,
assist the inspector in performing the inspection.
(d) AAIn conducting an inspection
under this section, an
inspector may not enter or access any portion of a private residence
of a commercial breeder except as necessary to access animals,
documents, records, or other property relevant to the inspection.
(e) AAThe inspector shall submit
an inspection report to the
department not later than the 10th day after the date of the
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inspection on a form prescribed by the department and provide a copy
of the report to the commercial breeder or its representative.
Sec. A802.064.AAINVESTIGATIONS. On receipt of a complaint
alleging a violation of this chapter or a rule adopted under this
chapter, the department or a third-party inspector designated by
the department shall investigate the alleged violation.
Sec. A802.065.AAREPORTING ANIMAL CRUELTY. A person
conducting an inspection under Section 802.063 or 802.103 or an
investigation under Section 802.064 shall notify the appropriate
local law enforcement agency or local animal control agency not
later than 24 hours after discovering evidence of animal cruelty or
neglect during the inspection or investigation.
[Sections 802.066-802.100 reserved for expansion]
SUBCHAPTER C. LICENSING OF COMMERCIAL BREEDERS
Sec. A802.101.AALICENSE REQUIRED. (a) A person may not act
as, offer to act as, or represent that the person is a commercial
breeder in this state unless the person holds a commercial breeder
license under this chapter for each facility that the person owns or
operates in this state. A commercial breeder license for a single
facility may cover more than one building on the same premises.
(b) AAThe commission by rule may
establish requirements for
issuance or renewal of a commercial breeder license under this
chapter.
Sec. A802.102.AAAPPLICATION. An applicant for a license
under this chapter must:
(1) AAsubmit to the department a
completed application
on a form prescribed by the department;
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(2) AAsubmit to the department the
number of the
applicant ’s sales tax permit issued by the comptroller;
(3) AAsubmit to the department any
other information
regarding the applicant ’s facilities and operations requested by
the department;
(4) AAdemonstrate that the applicant
has satisfied the
requirements of this chapter and rules adopted under this chapter;
and
(5) AApay to the department the required
fee.
Sec. A802.103.AAPRELICENSE INSPECTION. (a) Except as
provided by Subsection (e), the department must inspect a facility
before a commercial breeder license is issued for the facility.
(b) AAThe department may not issue
a commercial breeder
license until the department receives a prelicense inspection
report from the inspector in a format approved by the department
certifying that the facility meets the requirements of this chapter
and rules adopted under this chapter.
(c) AABefore the prelicense inspection
may be conducted, each
applicant must pay to the department the required inspection fee to
be used to pay third-party inspectors and the reasonable expenses
of the department related to its licensing and inspection duties
under this chapter.
(d) AAAn applicant whose facility
does not meet the
requirements of this chapter and rules adopted under this chapter
as revealed by a prelicense inspection may, after correcting
deficiencies noted in the inspection report, request another
prelicense inspection by paying the required fee to the department.
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(e) AAThe department may not require
a prelicense inspection
of a facility for an applicant who:
(1) AAholds a current Class A animal
dealers license
issued under the Animal Welfare Act (7 U.S.C. Section 2131 et seq.);
and
(2) AAsubmits to the department:
(A) AAa copy of the license; and
(B) AAon a form prescribed by the
department, a
statement certifying that the facility meets the requirements of
this chapter and rules adopted under this chapter.
Sec. A802.104.AAINITIAL LICENSE. The department shall issue
a commercial breeder license to each person who:
(1) AAmeets the requirements of this
chapter and rules
adopted under this chapter;
(2) AAapplies to the department on
the form prescribed
by the department; and
(3) AApays the required fee.
Sec. A802.105.AATERM; NONTRANSFERABILITY. A license issued
under this chapter is valid until the first anniversary of the date
of issuance and is nontransferable. The department shall include
the expiration date on each license issued under this chapter.
Sec. A802.106.AALICENSE RENEWAL. (a) A license holder may
renew the person ’s license by:
(1) AAsubmitting a renewal application
to the department
on the form prescribed by the department;
(2) AAcomplying with any other renewal
requirements
adopted by the department; and
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(3) AApaying the required fee.
(b) AAA person whose license has
expired may not engage in
activities that require a license until the license has been
renewed.
(c) AAThe department may not renew
the license of a person if
the person is in violation of this chapter or any rule adopted under
this chapter at the time of renewal.
Sec. A802.107.AALICENSE DENIAL, REVOCATION, AND SUSPENSION.
(a) The department shall deny issuance of a license to, or refuse
to renew the license of, a person if the person or a controlling
person of the commercial breeder has pled guilty to, been convicted
of, or received deferred adjudication for animal cruelty or neglect
in this state or any other jurisdiction in the five years preceding
the person ’s initial or renewal application for a commercial
breeder license.
(b) AAThe department shall revoke
a license if, after the
license is issued, the person or a controlling person of the
commercial breeder pleads guilty to, is convicted of, or receives
deferred adjudication for animal cruelty or neglect in this state
or any other jurisdiction.
(c) AAThe department may deny issuance
of a license to, refuse
to renew the license of, or revoke or suspend a license held by a
person who:
(1) AAfails to meet the requirements
of this chapter and
rules adopted under this chapter;
(2) AAhas had a similar license issued
by a federal,
state, or local authority denied, revoked, or suspended;
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(3) AAhas falsified any material
information requested
by the department;
(4) AAhas failed to meet a standard
adopted by rule under
this chapter; or
(5) AAhas failed to comply with any
corrective action
required under an inspection report in the time provided by the
report.
[Sections 802.108-802.150 reserved for expansion]
SUBCHAPTER D. PRACTICE BY LICENSE HOLDER
Sec. A802.151.AADISPLAY OF LICENSE; APPLICABLE LAWS AND
RULES; INCLUSION OF LICENSE NUMBER AND DEPARTMENT INFORMATION. A
commercial breeder shall:
(1) AAprominently display a copy
of the commercial
breeder license at the breeder ’s facility;
(2) AAmaintain at the breeder ’s facility
a printed copy
of this chapter and rules adopted under this chapter as made
available by the department;
(3) AAinclude the commercial breeder
’s license number in
each advertisement of the commercial breeder; and
(4) AAinclude in each contract for
the sale or transfer
of an animal by the commercial breeder:
(A) AAthe commercial breeder ’s license
number; and
(B) AAthe following statement: "Commercial
breeders are regulated by the Texas Department of Licensing and
Regulation, P.O. Box 12157, Austin, Texas 78711, 1-800-803-9202,
512-463-6599, www.license.state.tx.us" or a similar statement
adopted by commission rule that includes the department ’s name,
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mailing address, telephone numbers, and Internet website address.
Sec. A802.152.AACHANGE IN LICENSE INFORMATION. A commercial
breeder shall notify the department in a manner prescribed by the
department not later than the 10th day after the date any change
occurs in the address, name, management, or controlling person of
the business or operation.
Sec. A802.153.AASALES TAX ACCOUNTING; ANNUAL INVENTORY. (a)
Not later than February 1 of each year, a commercial breeder shall
submit to the department:
(1) AAa copy of its sales tax report
filed with the
comptroller for the preceding calendar year; and
(2) AAon a form prescribed by the
department, an
accounting of all animals held at the facility at any time during
the preceding calendar year.
(b) AAThe commercial breeder shall
keep copies of the items
described by Subsection (a) at the commercial breeder ’s facility
and shall make them available on request to the department or a
third-party inspector designated by the department.
(c) AAA commercial breeder that has
more than one facility
shall:
(1) AAkeep separate records for each
facility;
(2) AAsubmit a copy of each sales
tax report filed with
the comptroller by the commercial breeder; and
(3) AAsubmit a separate accounting
of animals for each
facility.
Sec. A802.154.AAANIMAL RECORDS. (a) A commercial breeder
shall Amaintain a separate record for
each animal in the commercial
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breeder ’s facility documenting the animal ’s care.
(b) AAThe record must include:
(1) AAthe date the animal entered
the facility;
(2) AAthe name, address, and telephone
number of the
person from whom the animal was purchased or obtained;
(3) AAa description of the animal,
including the
animal ’s breed, sex, color, identifying marks, and weight;
(4) AAthe date of birth of the animal
or approximate age
if the date of birth is unknown;
(5) AAany tattoo, microchip, or other
identification
number carried by or appearing on the animal;
(6) AAif the animal is a breeding
female:
(A) AAbreeding dates;
(B) AAdates the animal gave birth
to a litter;
(C) AAnumber of puppies or kittens
for each litter
of the animal; and
(D) AAthe name and identification
of the sire or
tom for each litter;
(7) AAall veterinary care provided
for the animal,
including a record of all inoculations, medications, and other
veterinary medical treatment received by the animal while in the
possession of the commercial breeder; and
(8) AAfor an animal that was at the
facility but is no
longer at the facility:
(A) AAthe date of disposition or
death of the
animal; and
(B) AAas applicable:
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(i) AAthe name and address of the
person to
whom the animal was transferred; or
(ii) AAthe animal ’s cause
of death.
(c) AAThe commercial breeder shall
make the animal records
available on request to the department or a third-party inspector
designated by the department.
(d) AAThe commission by rule shall
establish the retention
period for records required under this section.
Sec. A802.155.AALIMIT ON NUMBER OF ADULT INTACT FEMALE
ANIMALS. (a) Except as provided by this section, a commercial
breeder may not possess more than 50 adult intact female animals in
a facility at any time.
(b) AAThe department may permit a
commercial breeder to
possess more than 50 adult intact female animals in the breeder ’s
facility if:
(1) AAthe commercial breeder submits
an application
under this subsection on a form prescribed by the department; and
(2) AAthe department determines that
the commercial
breeder is adequately staffed and able to meet the requirements of
this chapter and the rules adopted under this chapter while housing
and caring for the additional adult intact female animals and their
litters.
(c) AAThe department may:
(1) AAestablish additional requirements
for a
commercial breeder possessing more than 50 adult intact female
animals in a facility to ensure the proper housing and care of the
animals at the facility; and
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(2) AAcharge additional fees for
licensing and
inspecting a facility in which more than 50 adult intact female
animals are kept.
(d) AAThe department may revoke permission
granted under this
section if a commercial breeder fails to meet the requirements of
this chapter, the rules adopted under this chapter, or any
additional requirement set by the department under this section.
[Sections 802.156-802.200 reserved for expansion]
SUBCHAPTER E. STANDARDS OF CARE AND CONFINEMENT
Sec. A802.201.AAADOPTION OF STANDARDS. (a) The commission
shall adopt rules establishing minimum standards for the humane
handling, care, and transportation of dogs and cats by a commercial
breeder to ensure the overall health, safety, and well-being of
each animal in the commercial breeder ’s possession.
(b) AAThe standards adopted under
this section must:
(1) AAmeet or exceed federal regulations;
(2) AArequire that, unless otherwise
certified by a
veterinarian in the manner prescribed by the department, a
commercial breeder provide each dog 12 weeks of age and older with
at least one hour of daily exercise in an area that:
(A) AAhas a solid, level surface
with adequate
drainage;
(B) AAprovides adequate protection
against harsh
weather, including exposure to the sun; and
(C) AAhas at least three times more
square feet
than the dog ’s primary enclosure;
(3) AArequire that each adult intact
female animal be
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provided with adequate rest between breeding cycles;
(4) AArequire that a commercial breeder
provide basic
grooming to each animal, including bathing and nail trimming, as
needed to prevent any condition that adversely affects the animal ’s
health and cleanliness;
(5) AArequire all primary enclosures
to have a solid
floor surface with not more than 50 percent of the floor composed of
a solid slatted surface;
(6) AAprohibit the placement of a
primary enclosure of a
dog on top of another primary enclosure of a dog;
(7) AAprohibit the placement of a
primary enclosure of a
cat on top of another primary enclosure of a cat, unless an
impervious barrier is placed between the enclosures;
(8) AArequire at least one regular
veterinary
examination a year for a breeding animal;
(9) AAensure that necessary routine
and preventive
veterinary care is provided to each animal by a veterinarian to
address any disease or illness, including immunization and
treatment of animals for disease, parasites, and pest control;
(10) AAprohibit a person from euthanizing
an animal or
performing a surgical birth of an animal unless the person is a
veterinarian;
(11) AAfor any person whose duties
and responsibilities
include the handling of or caring for an animal in a commercial
breeder ’s facility, require:
(A) AAcompliance with the criminal
background
check requirements of Section 802.055; and
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(B) AAappropriate training; and
(12) AAprohibit a commercial breeder
from selling,
trading, or giving away an animal before the animal is eight weeks
of age.
(c) AAThe commission by rule may
modify existing standards and
establish additional standards or requirements as necessary to
protect or improve the health and well-being of animals or to
protect the health and safety of the public.
[Sections 802.202-802.250 reserved for expansion]
SUBCHAPTER F. ENFORCEMENT
Sec. A802.251.AADISCIPLINARY ACTION; ADMINISTRATIVE PENALTY.
If a person violates this chapter or a rule adopted under this
chapter, the person is subject to any action or penalty under
Subchapter F or G, Chapter 51.
SECTION A3.AANot later than March 31, 2012, the Texas
Commission of Licensing and Regulation shall adopt the rules,
standards, procedures, and fees necessary to implement Chapter 802,
Occupations Code, as added by this Act, and Section 4 of this Act.
SECTION A4.AANotwithstanding Chapter 802, Occupations Code,
as added by this Act, a commercial breeder is not required to:
(1) AAhold a license under that chapter
to act as a
commercial breeder before September 1, 2012; or
(2) AAcomply with the standards adopted
under Subchapter
E, Chapter 802, Occupations Code, as added by this Act, before
September 1, 2012.
SECTION A5.AAThis Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
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provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2011.
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