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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:

SECTIONA1.AAThe heading to Title 4, Occupations Code, is

amended to read as follows:

TITLE 4. PROFESSIONS RELATED TO ANIMALS [ANIMAL HEALTH]

SECTIONA2.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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82R8124 MAW-F 1

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

shallAmaintain 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.

SECTIONA3.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.

SECTIONA4.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.

SECTIONA5.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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