Texas 2009 - 81st Regular

Texas House Bill HB3180 Compare Versions

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1	1	By: Thompson, Lucio III, Rodriguez, Rose, H.B. No. 3180
2	2	Leibowitz
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the licensing and regulation of commercial dog and cat
8	8	breeders and the regulation of dog and cat dealers; providing
9	9	penalties.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. The heading to Title 4, Occupations Code, is
12	12	amended to read as follows:
13	13	TITLE 4. PROFESSIONS RELATED TO ANIMALS [ANIMAL HEALTH]
14	14	SECTION 2. Title 4, Occupations Code, is amended by adding
15	15	Chapters 802 and 803 to read as follows:
16	16	CHAPTER 802. COMMERCIAL DOG AND CAT BREEDERS
17	17	SUBCHAPTER A. GENERAL PROVISIONS
18	18	Sec. 802.001. SHORT TITLE. This chapter may be cited as the
19	19	Commercial Dog and Cat Breeders Act.
20	20	Sec. 802.002. DEFINITIONS. In this chapter:
21	21	(1) "Adult animal" means an animal six months of age or
22	22	older.
23	23	(2) "Advisory committee" means the Dog and Cat
24	24	Breeders Advisory Committee.
25	25	(3) "Animal" means a dog or a cat.
26	26	(4) "Cat" means a mammal that is wholly or partly of
27	27	the species Felis domesticus.
28	28	(5) "Commercial breeder" means a person who possesses
29	29	adult intact female animals that produce 20 or more litters in one
30	30	calendar year and is engaged in the business of breeding animals for
31	31	direct or indirect sale or for exchange in return for
32	32	consideration.
33	33	(6) "Commission" means the Texas Commission of
34	34	Licensing and Regulation.
35	35	(7) "Controlling person" means an individual who:
36	36	(A) is a partner, manager, director, officer, or
37	37	member of a commercial breeder;
38	38	(B) possesses the authority to set policy or
39	39	direct management of a commercial breeder; or
40	40	(C) possesses a direct or indirect control of 25
41	41	percent or more of a commercial breeder.
42	42	(8) "Department" means the Texas Department of
43	43	Licensing and Regulation.
44	44	(9) "Dog" means a mammal that is wholly or partly of
45	45	the species Canis familiaris.
46	46	(10) "Executive director" means the executive
47	47	director of the department.
48	48	(11) "Facility" means the premises used by a
49	49	commercial breeder for keeping or breeding animals. The term
50	50	includes all buildings, property, and confinement areas used to
51	51	conduct the commercial breeding business.
52	52	(12) "Family member" means a person's parent, spouse,
53	53	child, or sibling.
54	54	(13) "Humane society" means a nonprofit organization
55	55	exempt from federal taxation under Section 501(c)(3), Internal
56	56	Revenue Code of 1986, that has as the organization's purpose the
57	57	prevention of animal cruelty or the sheltering of, caring for, and
58	58	providing of homes for lost, stray, and abandoned animals.
59	59	(14) "Intact female animal" means a female animal that
60	60	has not been spayed and is capable of sexual reproduction.
61	61	(15) "Kitten" means a cat less than six months old.
62	62	(16) "Local animal control authority" means a
63	63	municipal or county animal control office with authority over the
64	64	premises in which an animal is kept or, in an area that does not have
65	65	an animal control office, the county sheriff.
66	66	(17) "Possess" means to have custody of or control
67	67	over.
68	68	(18) "Puppy" means a dog less than six months old.
69	69	(19) "Registered breeder inspector" means an
70	70	individual employed and certified by the department to conduct
71	71	investigations and inspections under this chapter.
72	72	(20) "Veterinarian" means a veterinarian in good
73	73	standing and licensed to practice veterinary medicine in this state
74	74	or another state.
75	75	Sec. 802.003. APPLICABILITY OF CHAPTER. (a) This chapter
76	76	does not affect the applicability of any other law, rule, order,
77	77	ordinance, or other legal requirement of the federal government,
78	78	this state, or a political subdivision of this state.
79	79	(b) This chapter does not prevent a municipality or county
80	80	from prohibiting or further regulating by order or ordinance the
81	81	possession, breeding, or selling of dogs or cats.
82	82	(c) This chapter does not apply to an animal regulated under
83	83	The Texas Racing Act (Article 179e, Vernon's Texas Civil Statutes).
84	84	[Sections 802.004-802.050 reserved for expansion]
85	85	SUBCHAPTER B. POWERS AND DUTIES OF COMMISSION AND DEPARTMENT
86	86	Sec. 802.051. GENERAL POWERS AND DUTIES; RULES. (a) The
87	87	department shall administer this chapter.
88	88	(b) The commission shall adopt the rules necessary to
89	89	enforce and administer this chapter, including rules to:
90	90	(1) establish qualifications required for licensing
91	91	under this chapter; and
92	92	(2) establish qualifications and training for
93	93	registered breeder inspectors.
94	94	Sec. 802.052. FEES. The commission shall establish
95	95	reasonable and necessary fees in amounts sufficient to cover the
96	96	costs of administering this chapter.
97	97	Sec. 802.053. PERSONNEL. The department may employ
98	98	personnel necessary to carry out the functions and duties of the
99	99	department under this chapter.
100	100	Sec. 802.054. EXPENSES. The department may authorize
101	101	disbursements necessary to implement this chapter, including
102	102	disbursements for office expenses, equipment costs, and other
103	103	necessary facilities.
104	104	Sec. 802.055. CRIMINAL BACKGROUND CHECKS. (a) The
105	105	department shall conduct a criminal background check on each
106	106	applicant who submits an application for a license under this
107	107	chapter and on any controlling person of the applicant. The
108	108	department may examine any criminal conviction, guilty plea, or
109	109	deferred adjudication of an applicant for issuance or renewal of a
110	110	license, including by obtaining any criminal history or record
111	111	permitted by law.
112	112	(b) An applicant is not eligible for a license under this
113	113	chapter if the applicant or any controlling person of the applicant
114	114	has been convicted or received deferred adjudication for animal
115	115	cruelty.
116	116	Sec. 802.056. INSURANCE REQUIREMENTS. The department may
117	117	set insurance requirements for a license holder under this chapter.
118	118	Sec. 802.057. DIRECTORY. The department shall maintain a
119	119	directory of commercial breeders licensed under this chapter.
120	120	Sec. 802.058. CONTRACTS FOR ENFORCEMENT. The department
121	121	may contract with another state agency, a political subdivision of
122	122	this state, a local animal control authority, or a registered
123	123	breeder inspector to enforce this chapter and rules adopted under
124	124	this chapter.
125	125	Sec. 802.059. INSPECTIONS AND INVESTIGATIONS. (a) The
126	126	department at least annually shall inspect each facility of a
127	127	licensed commercial breeder. The inspection must be conducted
128	128	during the facility's normal business hours and the commercial
129	129	breeder or a representative of the commercial breeder may be
130	130	present during the inspection. The department is not required to
131	131	provide advance notice to the commercial breeder before arriving at
132	132	the facility, but must contact the commercial breeder or
133	133	representative on arrival at the facility and before proceeding
134	134	with the inspection.
135	135	(b) The inspector shall submit an inspection report to the
136	136	department not later than the 10th day after the date of the
137	137	inspection on a form prescribed by the department and provide a copy
138	138	of the report to the commercial breeder or the representative.
139	139	(c) The department may contract with another state agency, a
140	140	local animal control authority, or a registered breeder inspector
141	141	to conduct or assist in an inspection or investigation. The
142	142	commission may adopt rules to establish methods by which another
143	143	state agency, a local animal control authority, or a registered
144	144	breeder inspector may conduct or assist in an inspection or
145	145	investigation on behalf of the department.
146	146	(d) The department, a local animal control authority, or a
147	147	registered breeder inspector may access the facility of a
148	148	commercial breeder whose license has been suspended, revoked, or
149	149	denied to verify that the facility is not operating as a commercial
150	150	breeding facility.
151	151	(e) On receipt of a written complaint alleging a violation
152	152	of this chapter, the department, a local animal control authority,
153	153	a trained peace officer, or a registered breeder inspector
154	154	designated by the department shall investigate the alleged
155	155	violation.
156	156	Sec. 802.060. CONSUMER INTEREST INFORMATION. (a) The
157	157	department shall prepare information of consumer interest
158	158	describing:
159	159	(1) the functions performed by the department under
160	160	this chapter; and
161	161	(2) the rights of a consumer affected by this chapter.
162	162	(b) The information must describe the procedure by which a
163	163	consumer complaint is filed with and resolved by the department.
164	164	(c) The department shall make the information available to
165	165	the public.
166	166	[Sections 802.061-802.100 reserved for expansion]
167	167	SUBCHAPTER C. DOG AND CAT BREEDERS ADVISORY COMMITTEE
168	168	Sec. 802.101. ADVISORY COMMITTEE MEMBERSHIP. The Dog and
169	169	Cat Breeders Advisory Committee consists of seven members appointed
170	170	by the presiding officer of the commission with the approval of the
171	171	commission as follows:
172	172	(1) two members who represent the public;
173	173	(2) one member who represents the interests of
174	174	commercial breeders;
175	175	(3) one member who is a licensed veterinarian whose
176	176	primary practice consists of the treatment of dogs and cats;
177	177	(4) one member who represents the American Kennel
178	178	Club;
179	179	(5) one member who represents a humane society or an
180	180	association of humane societies; and
181	181	(6) one member who represents the interests of animal
182	182	control authorities in this state.
183	183	Sec. 802.102. TERMS; VACANCY. (a) Appointed advisory
184	184	committee members serve staggered four-year terms. The terms of
185	185	three or four appointed members expire on February 1 of each
186	186	odd-numbered year.
187	187	(b) If a vacancy occurs during an appointed member's term,
188	188	the vacancy shall be filled for the remainder of the unexpired term
189	189	in the manner provided by Section 802.101.
190	190	Sec. 802.103. PRESIDING OFFICER. The presiding officer of
191	191	the commission shall designate one member of the advisory committee
192	192	to serve as presiding officer of the advisory committee for a
193	193	two-year term.
194	194	Sec. 802.104. COMPENSATION; REIMBURSEMENT. An advisory
195	195	committee member serves without compensation but is entitled to
196	196	reimbursement for actual and necessary expenses incurred in
197	197	performing functions as an advisory committee member, subject to
198	198	any applicable limitation on reimbursement provided by the General
199	199	Appropriations Act and the department's budget.
200	200	Sec. 802.105. MEETINGS. The advisory committee shall meet
201	201	at least once annually and may meet at other times at the call of the
202	202	presiding officer of the commission or the executive director.
203	203	Sec. 802.106. MEMBERSHIP ELIGIBILITY. Except for the
204	204	member representing the interests of commercial breeders as
205	205	provided by Section 802.101(2), a person may not be a member of the
206	206	advisory committee if the person or the person's family member:
207	207	(1) is required to be licensed under this chapter;
208	208	(2) is employed by or participates in the management
209	209	of a business entity or other organization required to be licensed
210	210	under this chapter;
211	211	(3) owns or controls, directly or indirectly, more
212	212	than a 10 percent interest in a business entity or other
213	213	organization required to be licensed under this chapter; or
214	214	(4) is an attorney, lobbyist, or veterinarian employed
215	215	by or under a service contract with a person required to be licensed
216	216	under this chapter.
217	217	Sec. 802.107. ADVISORY COMMITTEE DUTIES. (a) The advisory
218	218	committee shall advise the commission in adopting rules and in
219	219	administering and enforcing this chapter.
220	220	(b) The advisory committee shall advise the commission in
221	221	setting fees under this chapter.
222	222	Sec. 802.108. VOTE REQUIRED FOR ACTION. A decision of the
223	223	advisory committee is not effective unless it receives the
224	224	affirmative vote of at least a majority of the members present.
225	225	Sec. 802.109. APPLICABILITY OF OTHER LAW. Chapter 2110,
226	226	Government Code, does not apply to the advisory committee.
227	227	[Sections 802.110-802.150 reserved for expansion]
228	228	SUBCHAPTER D. LICENSING OF COMMERCIAL BREEDERS
229	229	Sec. 802.151. LICENSE REQUIRED; QUALIFICATIONS. (a) A
230	230	person may not act, offer to act, or hold the person out as a
231	231	commercial breeder in this state unless the person holds a
232	232	commercial breeder license under this subchapter for each facility
233	233	that the person owns or operates in this state.
234	234	(b) A commercial breeder license for a single facility may
235	235	cover more than one building on the same premises.
236	236	(c) The commission may adopt educational or training
237	237	qualifications required for issuance or renewal of a license under
238	238	this subchapter as necessary to protect the public health and
239	239	safety.
240	240	Sec. 802.152. APPLICATION. (a) An applicant for a license
241	241	under this subchapter must:
242	242	(1) submit to the department a completed application
243	243	on a form prescribed by the department;
244	244	(2) submit to the department any other information
245	245	regarding the applicant's facilities and operations as required by
246	246	rule;
247	247	(3) demonstrate to the satisfaction of the department
248	248	the qualifications required by this chapter and rules adopted under
249	249	this chapter; and
250	250	(4) pay the application fee.
251	251	(b) A license application must include a place for the
252	252	applicant to:
253	253	(1) indicate whether the applicant's facility will
254	254	operate under more than one name and, if so, each name under which
255	255	the applicant will operate;
256	256	(2) indicate whether the applicant has an ownership
257	257	interest in any other facility and the name and location of each
258	258	facility in which the applicant has an interest;
259	259	(3) provide the number and breed of all adult animals
260	260	that will be kept, housed, and maintained by the applicant at the
261	261	facility and the estimated number of puppies or kittens to be kept,
262	262	housed, and maintained at the facility during the term of the
263	263	license;
264	264	(4) state whether a license held by an applicant under
265	265	this subchapter or under another federal, state, county, or local
266	266	law, ordinance, or other regulation relating to breeding, selling,
267	267	dealing in, or handling dogs or cats has been suspended or revoked
268	268	and whether a license application has been denied; and
269	269	(5) state whether the applicant has been charged with
270	270	animal cruelty or neglect in any jurisdiction and, for an applicant
271	271	that is a partnership, corporation, or limited liability company,
272	272	whether any controlling person of the applicant has been charged
273	273	with animal cruelty or neglect in this or any other jurisdiction.
274	274	Sec. 802.153. INITIAL PRELICENSE INSPECTION. (a) The
275	275	department shall inspect a facility before an initial commercial
276	276	breeder license is issued for that facility.
277	277	(b) The department may contract with a local animal control
278	278	authority or a registered breeder inspector to conduct or assist in
279	279	an initial prelicense inspection.
280	280	(c) The department may not issue a commercial breeder
281	281	license until the department receives an initial prelicense
282	282	inspection report from the inspector in a format approved by the
283	283	department certifying that the facility meets the requirements of
284	284	this chapter and rules adopted under this chapter.
285	285	(d) Before the initial prelicense inspection may be
286	286	conducted, each applicant shall pay to the department a
287	287	nonrefundable inspection fee.
288	288	Sec. 802.154. ISSUANCE. The department shall issue a
289	289	commercial breeder license to each commercial breeder who:
290	290	(1) meets the requirements of this chapter and rules
291	291	adopted under this chapter;
292	292	(2) applies to the department on the form prescribed
293	293	by the department; and
294	294	(3) pays the required fee.
295	295	Sec. 802.155. TERM. A license issued under this subchapter
296	296	is valid until the first anniversary of the date of issuance and is
297	297	nontransferable. The department shall include the expiration date
298	298	on each license issued under this subchapter.
299	299	Sec. 802.156. LICENSE DENIAL. The department may deny a
300	300	license to an applicant who:
301	301	(1) fails to meet the standards of care adopted by the
302	302	commission under Subchapter F;
303	303	(2) has been convicted of or received deferred
304	304	adjudication for cruelty to animals under the laws of this state or
305	305	any other jurisdiction or, for an applicant that is a partnership,
306	306	corporation, or limited liability company, has a controlling person
307	307	who has been convicted of or received deferred adjudication for
308	308	cruelty to animals under the laws of this state or any other
309	309	jurisdiction;
310	310	(3) has had a similar license by a federal, state, or
311	311	local authority denied, revoked, or suspended;
312	312	(4) has falsified any material information requested
313	313	by the department; or
314	314	(5) was an owner or controlling person of a commercial
315	315	breeder whose license was revoked or suspended and was responsible
316	316	for or participated in the violation that resulted in a revocation
317	317	or suspension that is still in effect.
318	318	Sec. 802.157. LICENSE RENEWAL. (a) A license holder may
319	319	renew the person's license by:
320	320	(1) submitting a renewal application to the department
321	321	on the form prescribed by the department;
322	322	(2) complying with any other renewal requirements
323	323	adopted by the department; and
324	324	(3) paying the required fee.
325	325	(b) A person whose license has expired may not engage in
326	326	activities that require a license until the license has been
327	327	renewed.
328	328	(c) Not later than the 60th day before the expiration of the
329	329	person's license, the department shall send written notice of the
330	330	impending license expiration to the person at the person's last
331	331	known address according to the records of the department.
332	332	[Sections 802.158-802.200 reserved for expansion]
333	333	SUBCHAPTER E. PRACTICE BY LICENSE HOLDER
334	334	Sec. 802.201. DISPLAY OF LICENSE; INCLUSION OF LICENSE
335	335	NUMBER AND DEPARTMENT INFORMATION. A commercial breeder shall:
336	336	(1) prominently display a copy of the commercial
337	337	breeder license at the breeder's facility;
338	338	(2) include the commercial breeder's license number in
339	339	each advertisement for the sale or transfer of an animal by the
340	340	commercial breeder; and
341	341	(3) include in each contract for the sale or transfer
342	342	of an animal by the commercial breeder:
343	343	(A) the commercial breeder's license number; and
344	344	(B) the following statement: "Commercial
345	345	breeders are regulated by the Texas Department of Licensing and
346	346	Regulation, P.O. Box 12157, Austin, Texas 78711, 1-800-803-9202,
347	347	512-463-6599" or a similar statement adopted by commission rule
348	348	that includes the department's name, address, and phone numbers.
349	349	Sec. 802.202. CHANGE IN LICENSE INFORMATION. A commercial
350	350	breeder shall notify the department in a manner prescribed by the
351	351	commission not later than the 10th day after the date any change
352	352	occurs in the address, name, management, substantial control, or
353	353	ownership of the business or operation.
354	354	Sec. 802.203. ANNUAL REPORT. (a) Not later than February 1
355	355	of each year, a commercial breeder shall submit to the department an
356	356	annual report on a form and in the manner prescribed by the
357	357	department.
358	358	(b) The commercial breeder shall keep a copy of the annual
359	359	report at the commercial breeder's facility and, on request, make
360	360	the report available to the department, a local animal control
361	361	authority, or a registered breeder inspector designated by the
362	362	department.
363	363	(c) A license holder that has more than one facility must
364	364	keep separate records and file a separate report for each facility.
365	365	Sec. 802.204. ANIMAL LOG. (a) A commercial breeder shall:
366	366	(1) maintain a separate written log for each animal
367	367	documenting the animal's veterinary care; and
368	368	(2) make the log available on request to the
369	369	department, a local animal control authority, or a registered
370	370	breeder inspector designated by the department.
371	371	(b) The log must include:
372	372	(1) the date of the animal's birth;
373	373	(2) the date the commercial breeder took possession of
374	374	the animal if the animal was acquired from another person;
375	375	(3) the breed, sex, color, and identifying marks of
376	376	the animal;
377	377	(4) the animal's identifying tag, tattoo, microchip,
378	378	or collar number;
379	379	(5) the name and, if applicable, the breed registry
380	380	number of the sire and dam of the animal; and
381	381	(6) a record of all inoculations, medications, and
382	382	other veterinary medical treatment received by the animal while in
383	383	the possession of the commercial breeder that includes:
384	384	(A) the date of the inoculation, medication, or
385	385	treatment;
386	386	(B) the type or nature of the inoculation,
387	387	medication, or treatment; and
388	388	(C) the name of the attending veterinarian, if
389	389	applicable.
390	390	Sec. 802.205. LIMIT ON NUMBER OF INTACT ANIMALS. A
391	391	commercial breeder may not possess more than 50 adult intact female
392	392	animals in a facility at any time.
393	393	[Sections 802.206-802.250 reserved for expansion]
394	394	SUBCHAPTER F. STANDARDS OF CARE AND CONFINEMENT
395	395	Sec. 802.251. ADOPTION OF STANDARDS. (a) The commission,
396	396	in accordance with this subchapter and with the advice of the
397	397	advisory committee, shall adopt rules for the proper feeding,
398	398	watering, housing, care, including veterinary care, grooming,
399	399	treatment, transportation, and disposition of dogs and cats by a
400	400	commercial breeder to ensure the overall health and welfare of each
401	401	animal in the commercial breeder's facility.
402	402	(b) The standards adopted under this section must at a
403	403	minimum:
404	404	(1) require animals to be offered food at least once
405	405	every 24 hours and to have continuous access to water unless
406	406	otherwise prescribed by a veterinarian;
407	407	(2) provide for safe and adequately sized indoor and
408	408	outdoor confinement areas;
409	409	(3) require daily removal of animal waste;
410	410	(4) include requirements for exercise, grooming, and
411	411	bathing;
412	412	(5) include requirements for socialization through
413	413	physical contact between animals and humans;
414	414	(6) include requirements to address disease and
415	415	illness;
416	416	(7) require methods of transporting animals that
417	417	protect the health and welfare of the animals; and
418	418	(8) include requirements for adequate training of
419	419	staff.
420	420	(c) The standards adopted under this section must prohibit:
421	421	(1) a commercial breeder from housing females in
422	422	estrus with unneutered males, except for breeding purposes;
423	423	(2) the placement of a primary enclosure on top of
424	424	another primary enclosure without an impervious barrier between
425	425	enclosures;
426	426	(3) the tethering or leashing of animals in a facility
427	427	as a means of confinement; and
428	428	(4) a commercial breeder from selling, trading, or
429	429	giving away an animal before the animal is six weeks of age.
430	430	Sec. 802.252. ADDITIONAL STANDARDS. The commission may
431	431	establish any additional standards considered necessary to protect
432	432	the public health and the welfare of animals covered under this
433	433	chapter.
434	434	Sec. 802.253. CONSIDERATION OF ANIMAL HEALTH AND WELFARE
435	435	STANDARDS. In adopting standards under this subchapter, the
436	436	commission shall consider relevant state, federal, and nationally
437	437	recognized standards for animal health and welfare.
438	438	[Sections 802.254-802.300 reserved for expansion]
439	439	SUBCHAPTER G. ENFORCEMENT
440	440	Sec. 802.301. DISCIPLINARY ACTION. A person is subject to
441	441	disciplinary action under Subchapter G, Chapter 51, if the person
442	442	violates this chapter or a rule adopted under this chapter.
443	443	Sec. 802.302. SUSPENSION AND REVOCATION OF LICENSE; REFUSAL
444	444	TO RENEW LICENSE. (a) The department may suspend, revoke, or
445	445	refuse to renew a license for:
446	446	(1) a violation of this chapter or a rule adopted under
447	447	this chapter;
448	448	(2) failure to comply with an order of the commission
449	449	or the executive director;
450	450	(3) failure to pay a civil penalty under this chapter;
451	451	(4) failure to meet a standard of care adopted by the
452	452	commission under Subchapter F;
453	453	(5) failure to comply with any corrective action
454	454	required under an inspection report in the time provided by the
455	455	report;
456	456	(6) falsification of information requested by the
457	457	department;
458	458	(7) the denial, revocation, or suspension of a similar
459	459	license by another federal, state, or local authority; or
460	460	(8) conviction or deferred adjudication for animal
461	461	cruelty under the laws of this state or any other jurisdiction by a
462	462	commercial breeder or any controlling person.
463	463	(b) A person whose commercial breeder license is revoked may
464	464	not reapply for a commercial breeder license before the first
465	465	anniversary of the date of revocation. The department shall
466	466	permanently revoke a commercial breeder license if the basis for
467	467	the revocation was a conviction or deferred adjudication for animal
468	468	cruelty.
469	469	Sec. 802.303. ADMINISTRATIVE SANCTIONS; ADMINISTRATIVE
470	470	PROCEDURE. (a) The commission shall revoke, suspend, or refuse to
471	471	renew a license or shall reprimand a license holder for a violation
472	472	of this chapter or a rule or order of the commission under this
473	473	chapter.
474	474	(b) The commission may place on probation a person whose
475	475	license is suspended. If a license suspension is probated, the
476	476	commission may require the person to report regularly to the
477	477	department on matters that are the basis of the probation.
478	478	(c) A respondent is entitled to a hearing conducted by the
479	479	State Office of Administrative Hearings if the department proposes
480	480	to deny, suspend, or revoke a license.
481	481	(d) A proceeding under this chapter to deny, suspend, or
482	482	revoke a license is a contested case under Chapter 2001, Government
483	483	Code.
484	484	Sec. 802.304. INJUNCTIVE RELIEF; CIVIL PENALTY. (a) The
485	485	attorney general or the executive director may institute an action
486	486	for injunctive relief to restrain a violation by and to collect a
487	487	civil penalty from a person that appears to be in violation of or
488	488	threatening to violate this chapter or a rule or order of the
489	489	commission or executive director under this chapter.
490	490	(b) An action filed under this section must be filed in a
491	491	district court in Travis County.
492	492	(c) The attorney general and the department may recover
493	493	reasonable expenses incurred in obtaining injunctive relief under
494	494	this section including court costs, reasonable attorney's fees,
495	495	investigative costs, witness fees, and deposition expenses.
496	496	Sec. 802.305. CEASE AND DESIST; EMERGENCY ORDER. (a) The
497	497	executive director may issue a cease and desist order as necessary
498	498	to enforce this chapter if the executive director determines that
499	499	the action is necessary to prevent a violation of this chapter and
500	500	to protect public health and safety.
501	501	(b) The executive director may issue an emergency order as
502	502	necessary to enforce this chapter if the executive director
503	503	determines that an emergency exists requiring immediate action to
504	504	protect the public health and safety. The executive director may
505	505	issue the emergency order without notice and hearing or with any
506	506	notice and hearing the executive director considers practicable
507	507	under the circumstances. The executive director shall set the time
508	508	and place for a hearing to affirm, modify, or set aside an emergency
509	509	order that was issued without a hearing.
510	510	Sec. 802.306. CRIMINAL OFFENSES AND PENALTIES. (a) A
511	511	person commits an offense if the person violates this chapter or any
512	512	rule adopted under this chapter. Each animal to which a violation
513	513	applies and each day that violation continues constitutes a
514	514	separate offense. An offense under this subsection is a Class C
515	515	misdemeanor.
516	516	(b) A person commits an offense if the person knowingly
517	517	falsifies information in a license application, annual report, or
518	518	record required under this chapter. An offense under this
519	519	subsection is a Class C misdemeanor.
520	520	(c) An unlicensed commercial breeder commits an offense if
521	521	the breeder advertises animals for sale. An offense under this
522	522	subsection is a Class C misdemeanor.
523	523	(d) A commercial breeder commits an offense if the
524	524	commercial breeder interferes with, hinders, or thwarts any
525	525	inspection or investigation under this chapter or refuses to allow
526	526	an inspector full access to all areas of the facility where animals
527	527	are kept or cared for and all records required to be kept under this
528	528	chapter or any rule adopted under this chapter. An offense under
529	529	this subsection is a Class C misdemeanor.
530	530	CHAPTER 803. DOG AND CAT DEALERS
531	531	SUBCHAPTER A. GENERAL PROVISIONS
532	532	Sec. 803.001. SHORT TITLE. This chapter may be cited as the
533	533	Dog and Cat Dealers Act.
534	534	Sec. 803.002. DEFINITIONS. In this chapter:
535	535	(1) "Animal" means a dog or a cat.
536	536	(2) "Breeder" means a person who is engaged in the
537	537	business of breeding animals for direct or indirect sale or for
538	538	exchange in return for consideration.
539	539	(3) "Broker" means a person who purchases animals for
540	540	resale to dealers or other brokers.
541	541	(4) "Cat" means a mammal that is wholly or partly of
542	542	the species Felis domesticus.
543	543	(5) "Commercial breeder" means a breeder required to
544	544	be licensed under Chapter 802.
545	545	(6) "Dealer" means a person who is required to collect
546	546	sales tax for the sale of animals to a retail purchaser. The term
547	547	does not include a humane society or local animal control
548	548	authority.
549	549	(7) "Dog" means a mammal that is wholly or partly of
550	550	the species Canis familiaris.
551	551	(8) "Health problem" means a disease, illness, or
552	552	congenital or hereditary condition that:
553	553	(A) impairs the health or function of an animal
554	554	and is apparent at the time of sale; or
555	555	(B) is or should be apparent to the seller from
556	556	the veterinary history of the animal or either of the animal's
557	557	parents.
558	558	(9) "Humane society" means a nonprofit organization
559	559	exempt from federal taxation under Section 501(c)(3), Internal
560	560	Revenue Code of 1986, that has as the organization's purpose the
561	561	prevention of animal cruelty or the sheltering of, caring for, and
562	562	providing of homes for lost, stray, and abandoned animals.
563	563	(10) "Kitten" means a cat less than six months old.
564	564	(11) "Local animal control authority" means a
565	565	municipal or county animal control office with authority over the
566	566	premises in which an animal is kept or, in an area that does not have
567	567	an animal control office, the county sheriff.
568	568	(12) "Possess" means to have custody of or control
569	569	over.
570	570	(13) "Puppy" means a dog less than six months old.
571	571	(14) "Veterinarian" means a veterinarian in good
572	572	standing and licensed to practice veterinary medicine in this state
573	573	or another state.
574	574	Sec. 803.003. APPLICABILITY OF CHAPTER. (a) This chapter
575	575	does not affect the applicability of any other law, rule, order,
576	576	ordinance, or other legal requirement of the federal government,
577	577	this state, or a political subdivision of this state.
578	578	(b) This chapter does not prevent a municipality or county
579	579	from prohibiting or further regulating by order or ordinance the
580	580	selling of dogs or cats.
581	581	[Sections 803.004-803.050 reserved for expansion]
582	582	SUBCHAPTER B. RETAIL SALES OF DOGS AND CATS
583	583	Sec. 803.051. DISCLOSURE. (a) At the time of purchase,
584	584	each dealer shall deliver to each retail purchaser of an animal a
585	585	written disclosure that includes the following:
586	586	(1) the breeder's name and address;
587	587	(2) the name and address of any broker who has had
588	588	possession of the animal;
589	589	(3) the date of the animal's birth;
590	590	(4) if the dealer is not the breeder, the date the
591	591	dealer received the animal;
592	592	(5) the breed, sex, color, and identifying marks of
593	593	the animal;
594	594	(6) the individual identifying tag, tattoo,
595	595	microchip, or collar number;
596	596	(7) the name and, if applicable, the breed registry
597	597	number of the sire and dam and the litter number; and
598	598	(8) a record of inoculations, worming treatments, and
599	599	medication received by the animal while in the possession of the
600	600	dealer.
601	601	(b) The written disclosure must include:
602	602	(1) a statement signed by the dealer that the animal
603	603	does not have any known health problem or that discloses any known
604	604	health problem; and
605	605	(2) a statement signed by a veterinarian that lists
606	606	any treatments the animal has received and any recommendations for
607	607	future treatment.
608	608	(c) The written disclosure required under this section is a
609	609	part of the purchaser rights required under this subchapter.
610	610	(d) Except as provided by this subsection, a written
611	611	disclosure is not required for a mixed breed animal if the
612	612	information is not available and cannot be determined by the
613	613	dealer. The dealer must disclose all known health problems and
614	614	medical records of a mixed breed animal.
615	615	Sec. 803.052. RECORDS. The dealer shall retain until the
616	616	first anniversary of the date of issuance a copy of the statement of
617	617	purchaser rights delivered to the retail purchaser.
618	618	Sec. 803.053. REGISTRATION. (a) A dealer who represents an
619	619	animal as eligible for registration with an animal pedigree
620	620	organization shall, not later than the 90th day after the date the
621	621	final payment is received, provide to the retail purchaser the
622	622	documents necessary for registration with the organization.
623	623	(b) If the dealer fails to provide the registration
624	624	documents to the retail purchaser as required by Subsection (a),
625	625	the purchaser may:
626	626	(1) retain the animal and receive a refund of 50
627	627	percent of the purchase price of the animal; or
628	628	(2) return the animal and all documentation previously
629	629	provided to the purchaser and receive a full refund of the purchase
630	630	price.
631	631	(c) The dealer is not responsible for delays in registration
632	632	that are the result of the actions or inaction of persons other than
633	633	the dealer.
634	634	Sec. 803.054. EXAMINATION BY VETERINARIAN. A dealer may
635	635	not offer an animal for sale to a retail purchaser unless the animal
636	636	has been examined by a veterinarian.
637	637	Sec. 803.055. RIGHTS OF PURCHASER. (a) An animal is
638	638	considered unfit for sale by a dealer if:
639	639	(1) a veterinarian states in writing not later than
640	640	the 20th day after the date a purchaser takes possession of an
641	641	animal that the animal has a health problem that existed in the
642	642	animal at the time of delivery; or
643	643	(2) a veterinarian states in writing not later than
644	644	the first anniversary of the date that a purchaser took possession
645	645	of an animal that the animal:
646	646	(A) died or is ill due to a hereditary or
647	647	congenital defect; or
648	648	(B) is not the breed the dealer represented the
649	649	animal to be to the purchaser.
650	650	(b) If the dealer misrepresents the breed of the animal to
651	651	the purchaser, the dealer shall provide to the purchaser one of the
652	652	following remedies selected by the purchaser:
653	653	(1) return of the animal to the dealer for a refund of
654	654	the full purchase price; or
655	655	(2) exchange of the animal for an animal of the breed
656	656	represented by the dealer to the purchaser, provided the dealer has
657	657	an animal of that breed available for sale.
658	658	(c) If an animal dies due to a health problem that existed in
659	659	the animal at the time the purchaser took possession of the animal,
660	660	the dealer shall provide to the purchaser one of the following
661	661	remedies selected by the purchaser:
662	662	(1) another animal of equal value, if available, and
663	663	reimbursement of all reasonable veterinary fees incurred by the
664	664	purchaser for the deceased animal, not to exceed 300 percent of the
665	665	purchase price of the animal; or
666	666	(2) a refund of the full purchase price and
667	667	reimbursement of all reasonable veterinary fees incurred by the
668	668	purchaser for the deceased animal, not to exceed 300 percent of the
669	669	purchase price of the animal.
670	670	(d) If a health problem existed at the time the purchaser
671	671	took possession of the animal, the dealer shall provide to the
672	672	purchaser one of the following remedies selected by the purchaser:
673	673	(1) return of the animal to the dealer for a refund of
674	674	the full purchase price;
675	675	(2) exchange of the animal with a health problem for
676	676	another animal of the purchaser's choice of equivalent value,
677	677	provided a replacement is available; or
678	678	(3) retention of the animal with a health problem by
679	679	the purchaser for a reasonable period of time and reimbursement of
680	680	reasonable veterinary fees, not to exceed 300 percent of the
681	681	purchase price of the animal.
682	682	(e) The price of a veterinary service is considered
683	683	reasonable if the service is appropriate for the diagnosis and
684	684	treatment of the health problem and the price for the service is
685	685	comparable to a similar service rendered by other veterinarians in
686	686	proximity to the treating veterinarian.
687	687	Sec. 803.056. RESPONSIBILITIES OF PURCHASER. (a) To be
688	688	eligible for the remedies provided in Section 803.055, the retail
689	689	purchaser of an animal with a health problem shall:
690	690	(1) notify the dealer not later than the fifth
691	691	business day after the date a veterinarian diagnoses a health
692	692	problem; and
693	693	(2) provide the dealer with the name and telephone
694	694	number of the veterinarian and a copy of the veterinarian's report
695	695	on the animal.
696	696	(b) A retail purchaser who is seeking a full refund of the
697	697	purchase price of an animal shall return the animal to the dealer
698	698	not later than the fifth business day after the date the purchaser
699	699	receives a written statement from a veterinarian indicating that
700	700	the animal is unfit due to a health problem.
701	701	(c) If an animal has died, the retail purchaser must provide
702	702	the dealer with a written statement from a veterinarian indicating
703	703	that the animal died from a health problem that existed on or before
704	704	the date the purchaser took possession of the animal.
705	705	Sec. 803.057. RIGHTS OF DEALER. A dealer is not required to
706	706	provide a refund, replacement, or reimbursement of veterinary fees
707	707	if one or more of the following conditions exist:
708	708	(1) the health problem or death resulted from
709	709	maltreatment, neglect, or a disease contracted while in the
710	710	possession of the purchaser or from an injury sustained after
711	711	delivery of the animal to the purchaser;
712	712	(2) a veterinarian's statement was provided to the
713	713	purchaser under Section 803.051 that disclosed the health problem
714	714	for which the purchaser seeks to return the animal; or
715	715	(3) the purchaser failed to provide to the animal a
716	716	treatment recommended by the examining veterinarian under Section
717	717	803.051.
718	718	Sec. 803.058. CONTEST OF RELIEF; CIVIL ACTION. (a) A
719	719	dealer seeking to contest a demand for relief specified in Section
720	720	803.053 or 803.055 may require the retail purchaser to produce the
721	721	animal for examination or necropsy by a veterinarian designated by
722	722	the dealer. The dealer shall pay the cost of the examination or
723	723	necropsy. The dealer has a right of recovery against the purchaser
724	724	if the dealer is not obligated to provide a remedy under Section
725	725	803.055.
726	726	(b) If the dealer does not provide the relief selected by
727	727	the retail purchaser under Section 803.053 or 803.055, the
728	728	purchaser may bring a civil action against the dealer. The
729	729	prevailing party in the civil action has the right to recover costs
730	730	and reasonable attorney's fees.
731	731	Sec. 803.059. POSTING OF PURCHASER RIGHTS NOTICE. Each
732	732	dealer shall post in a prominent location in the dealer's facility a
733	733	notice, in 48-point boldfaced type, that states the following:
734	734	"Information is available on each dog or cat sold by this
735	735	establishment. You are entitled to a statement of purchaser rights
736	736	related to the sale of a dog or cat by this establishment. Please
737	737	ensure that you receive this statement at the time you purchase a
738	738	dog or cat."
739	739	Sec. 803.060. STATEMENT ACKNOWLEDGING RECEIPT OF PURCHASER
740	740	RIGHTS. (a) Each dealer shall provide each retail purchaser with a
741	741	written statement of the purchaser's rights under this chapter.
742	742	The purchaser must sign an acknowledgment that the purchaser
743	743	received the statement and has reviewed the statement. The dealer
744	744	shall certify in writing the accuracy of the information contained
745	745	in the statement. The dealer shall retain a copy of the signed
746	746	acknowledgment and provide a copy of the signed acknowledgment to
747	747	the purchaser.
748	748	(b) The statement of purchaser rights must be in 16-point
749	749	boldfaced type as follows:
750	750	"STATEMENT OF TEXAS LAW GOVERNING SALE OF DOGS AND CATS: The
751	751	sale of dogs and cats is subject to consumer protection
752	752	regulations. Texas law also provides safeguards to protect dealers
753	753	and animal purchasers. Attached is a copy of Subchapter B, Chapter
754	754	803, Occupations Code. Contained in this law is a statement of your
755	755	purchaser rights. These rights are not your exclusive rights and do
756	756	not limit the rights or remedies available to you as a purchaser
757	757	under any other law."
758	758	(c) The statement of purchaser rights must contain or have
759	759	attached to the statement the disclosures required under Section
760	760	803.051.
761	761	Sec. 803.061. LIMITATION; WAIVER PROHIBITED. (a) Nothing
762	762	in this chapter shall limit the rights or remedies otherwise
763	763	available to a purchaser under any other law.
764	764	(b) An agreement or contract by a purchaser to waive any
765	765	rights under this chapter is null, void, and unenforceable.
766	766	[Sections 803.062-803.100 reserved for expansion]
767	767	SUBCHAPTER C. OFFENSES AND PENALTIES
768	768	Sec. 803.101. CRIMINAL OFFENSE FOR ACQUIRING ANIMAL FROM
769	769	UNLICENSED COMMERCIAL BREEDER. A broker or dealer commits an
770	770	offense if the broker or dealer knowingly acquires a dog or cat from
771	771	an unlicensed commercial breeder for the purpose of reselling the
772	772	dog or cat to another person. Each animal to which a violation
773	773	applies constitutes a separate offense. An offense under this
774	774	section is a Class C misdemeanor. It is a defense to prosecution
775	775	for an offense under this section that the dealer was a humane
776	776	society or a local animal control authority.
777	777	Sec. 803.102. CRIMINAL OFFENSE FOR SELLING YOUNG ANIMALS.
778	778	A dealer commits an offense if the dealer sells an animal under the
779	779	age of eight weeks to another person. Each animal to which a
780	780	violation applies constitutes a separate offense. An offense under
781	781	this section is a Class C misdemeanor. It is a defense to
782	782	prosecution for an offense under this section that the dealer was a
783	783	humane society or a local animal control authority.
784	784	SECTION 3. Not later than December 31, 2009, the Texas
785	785	Commission of Licensing and Regulation shall appoint the members of
786	786	the Dog and Cat Breeders Advisory Committee in accordance with
787	787	Chapter 802, Occupations Code, as added by this Act. In making the
788	788	initial appointments, the commission shall designate:
789	789	(1) three members for terms expiring February 1, 2011;
790	790	and
791	791	(2) four members for terms expiring February 1, 2013.
792	792	SECTION 4. Not later than June 1, 2010, the Texas Commission
793	793	of Licensing and Regulation shall adopt the rules, standards,
794	794	procedures, and fees necessary to implement Chapter 802,
795	795	Occupations Code, as added by this Act, and Section 5 of this Act.
796	796	SECTION 5. Notwithstanding Chapter 802, Occupations Code,
797	797	as added by this Act, a commercial breeder is not required to:
798	798	(1) hold a license under that chapter to act as a
799	799	commercial breeder before September 1, 2010; or
800	800	(2) comply with the standards adopted under Subchapter
801	801	F, Chapter 802, Occupations Code, as added by this Act, before
802	802	September 1, 2010.
803	803	SECTION 6. (a) The change in law made by this Act applies
804	804	only to an offense committed on or after the effective date of this
805	805	Act. For purposes of this section, an offense is committed before
806	806	the effective date of this Act if any element of the offense occurs
807	807	before that date.
808	808	(b) An offense committed before the effective date of this
809	809	Act is covered by the law in effect when the offense was committed,
810	810	and the former law is continued in effect for that purpose.
811	811	SECTION 7. This Act takes effect immediately if it receives
812	812	a vote of two-thirds of all the members elected to each house, as
813	813	provided by Section 39, Article III, Texas Constitution. If this
814	814	Act does not receive the vote necessary for immediate effect, this
815	815	Act takes effect September 1, 2009.