2009S0380-2 02/24/09
By: Whitmire S.B. No. 1910
A BILL TO BE ENTITLED
AN ACT
relating to the licensing and regulation of commercial dog and cat
breeders and the regulation of dog and cat dealers; providing
penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Title 4, Occupations Code, is
amended to read as follows:
TITLE 4. PROFESSIONS RELATED TO ANIMALS [ANIMAL HEALTH]
SECTION 2. Title 4, Occupations Code, is amended by adding
Chapter 802 to read as follows:
CHAPTER 802. COMMERCIAL DOG AND CAT BREEDERS AND DEALERS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 802.001. SHORT TITLE. This chapter may be cited as the
Commercial Dog and Cat Breeders and Dealers Act.
Sec. 802.002. DEFINITIONS. In this chapter:
(1) "Adult animal" means an animal six months of age or
older.
(2) "Advisory committee" means the Dog and Cat
Breeders Advisory Committee.
(3) "Animal" means a dog or a cat.
(4) "Broker" means a person who purchases animals for
resale to dealers or other brokers.
(5) "Cat" means a mammal that is wholly or partly of
the species Felis domesticus.
(6) "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.
(7) "Commission" means the Texas Commission of
Licensing and Regulation.
(8) "Dealer" means a person, including a commercial
breeder or hobby breeder, who is required to collect sales tax for
the sale of animals to the public. The term does not include a
humane society or local animal control authority.
(9) "Department" means the Texas Department of
Licensing and Regulation.
(10) "Dog" means a mammal that is wholly or partly of
the species Canis familiaris.
(11) "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.
(12) "Health problem" means a disease, illness, or
congenital or hereditary condition that:
(A) impairs the health or function of an animal
and is apparent at the time of sale; or
(B) is or should be apparent to the seller from
the veterinary history of the animal or either of the animal's
parents.
(13) "Hobby breeder" means a person who possesses
fewer than 11 adult intact female animals and is engaged in the
business of breeding animals for direct sale or for exchange in
return for consideration.
(14) "Humane society" means a nonprofit organization
exempt from federal taxation under Section 501(c)(3), Internal
Revenue Code of 1986, that has as the organization's purpose the
prevention of animal cruelty or the sheltering of, caring for, and
providing of homes for lost, stray, and abandoned animals.
(15) "Humane society agent" means an employee or agent
of a humane society designated by the department to enforce this
chapter or rules adopted under this chapter.
(16) "Intact female animal" means a female animal that
has not been spayed and is capable of sexual reproduction.
(17) "Kitten" means a cat less than six months old.
(18) "Local animal control authority" 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.
(19) "Possess" means to have custody of or control
over.
(20) "Puppy" means a dog less than six months old.
(21) "Veterinarian" means a veterinarian in good
standing and licensed to practice veterinary medicine in this state
or another state.
Sec. 802.003. APPLICABILITY 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) This 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.
[Sections 802.004-802.050 reserved for expansion]
SUBCHAPTER B. POWERS AND DUTIES OF DEPARTMENT
Sec. 802.051. GENERAL POWERS AND DUTIES; RULES. The
department shall administer this chapter and adopt and enforce the
rules necessary to administer this chapter, including rules to
establish qualifications required for licensing under this chapter
as necessary to protect the public health and safety.
Sec. 802.052. FEES. The department, with the advice of the
advisory committee, shall establish reasonable and necessary fees
in amounts sufficient to cover the costs of administering this
chapter.
Sec. 802.053. PERSONNEL. (a) The department shall employ
and designate a person to administer the licensing program under
this chapter.
(b) The department may employ personnel necessary to carry
out the functions and duties of the department under this chapter.
Sec. 802.054. EXPENSES. The department may authorize
disbursements necessary to implement this chapter, including
disbursements for office expenses, equipment costs, and other
necessary facilities.
Sec. 802.055. CRIMINAL BACKGROUND CHECKS. (a) On receipt
of an application for a license under this chapter, the department
shall conduct a criminal background check on the applicant. The
department may examine any criminal conviction, guilty plea, or
deferred adjudication of an applicant for issuance or renewal of a
license, including by obtaining any criminal history or record
permitted by law.
(b) An applicant is not eligible for a license under this
chapter if the applicant, in the five years preceding the date of
the application, has been finally convicted of animal cruelty or a
misdemeanor involving moral turpitude or a felony.
Sec. 802.056. INSURANCE REQUIREMENTS. The department shall
set insurance requirements for a license holder under this chapter.
Sec. 802.057. DIRECTORY. The department shall annually
publish a directory of commercial breeders licensed under this
chapter.
Sec. 802.058. CONTRACTS FOR ENFORCEMENT. The department
may contract with another state agency or a political subdivision
of this state to enforce this chapter and rules adopted under this
chapter.
Sec. 802.059. INSPECTIONS AND INVESTIGATIONS. (a) The
department at least annually shall inspect each facility of a
licensed commercial breeder. The inspection must be conducted
during the facility's normal business hours and in the presence of
the commercial breeder or an agent of the commercial breeder. The
department is not required to provide notice to the facility before
an inspection.
(b) The inspector shall submit an inspection report to the
department not later than the 10th day after the date of the
inspection on a form prescribed by the department. The inspection
report must list separately each rule or standard established by
the department under Subchapter F, and the inspector shall document
whether the facility complies with each rule or standard. The
inspection report must document the animal inventory on the date of
the inspection.
(c) The department may designate a veterinarian who is not
affiliated with the licensed commercial breeder who is the subject
of the inspection or investigation, a local animal control
authority, or a humane society agent to conduct or assist in an
inspection or investigation.
(d) The department, a local animal control authority, or a
humane society agent may access during the facility's normal
business hours the facility of a commercial breeder whose license
has been suspended, revoked, or denied to verify that the facility
is not operating as a commercial breeding facility.
(e) The department, a local animal control authority, a
peace officer, or a humane society agent may investigate possible
violations of this chapter. On receipt of a written complaint
alleging a violation of this chapter, the department shall
investigate the alleged violation.
Sec. 802.060. CONSUMER INTEREST INFORMATION. (a) The
department shall prepare information of consumer interest
describing:
(1) the functions performed by the department under
this chapter; and
(2) the rights of a consumer affected by this chapter.
(b) The information must describe the procedure by which a
consumer complaint is filed with and resolved by the department.
(c) The department shall make the information available to
the public.
[Sections 802.061-802.100 reserved for expansion]
SUBCHAPTER C. DOG AND CAT BREEDERS ADVISORY COMMITTEE
Sec. 802.101. ADVISORY COMMITTEE MEMBERSHIP. The Dog and
Cat Breeders Advisory Committee consists of seven members as
follows:
(1) two members who represent the public, appointed by
the commission;
(2) one member who is a licensed veterinarian whose
primary practice consists of the treatment of dogs and cats,
appointed by the commission based on recommendations provided by
the State Board of Veterinary Medical Examiners;
(3) one member who is an animal welfare advocate,
appointed by the commission based on recommendations provided by a
federation or association of humane societies;
(4) one member who represents the interests of
consumers, appointed by the commission based on recommendations
provided by consumer advocacy groups or associations;
(5) one member who represents the interests of animal
control officers in this state, appointed by the commission based
on recommendations provided by the Texas Animal Control
Association; and
(6) one member who is the zoonosis control manager of
the Department of State Health Services or the manager's designee.
Sec. 802.102. TERMS; VACANCY. (a) Appointed advisory
committee members serve staggered four-year terms. The terms of
three or four appointed members expire on February 1 of each
odd-numbered year.
(b) Service on the advisory committee by a state officer or
employee is an additional duty of the member's office or
employment.
(c) If a vacancy occurs during an appointed member's term,
the vacancy shall be filled for the remainder of the unexpired term
in the manner provided by Section 802.101.
Sec. 802.103. PRESIDING OFFICER. The commission shall
designate one member of the advisory committee to serve as
presiding officer of the advisory committee for a two-year term.
Sec. 802.104. COMPENSATION; REIMBURSEMENT. An advisory
committee member serves without compensation but is entitled to
reimbursement for actual and necessary expenses incurred in
performing functions as an advisory committee member, subject to
any applicable limitation on reimbursement provided by the General
Appropriations Act.
Sec. 802.105. MEETINGS. (a) The advisory committee shall
meet at least once annually and may meet at other times at the call
of the presiding officer.
(b) The advisory committee shall meet in this state at a
place designated by the presiding officer.
Sec. 802.106. MEMBERSHIP ELIGIBILITY. A person may not be a
member of the advisory committee if the person or the person's
parent, spouse, child, or sibling:
(1) is required to be licensed under this chapter;
(2) is employed by or participates in the management
of a business entity or other organization required to be licensed
under this chapter;
(3) owns or controls, directly or indirectly, more
than a 10 percent interest in a business entity or other
organization required to be licensed under this chapter; or
(4) is an attorney, lobbyist, or veterinarian employed
by or under a service contract with a person required to be licensed
under this chapter.
Sec. 802.107. ADVISORY COMMITTEE DUTIES. (a) The advisory
committee shall advise the department in adopting rules and in
administering and enforcing this chapter.
(b) The advisory committee shall advise the department in
setting fees under this chapter.
Sec. 802.108. RULES GOVERNING ADVISORY COMMITTEE. The
commission shall adopt rules for the operation of the advisory
committee, including rules governing:
(1) the purpose, role, responsibility, and goals of
the advisory committee;
(2) the qualifications required for members of the
advisory committee;
(3) the appointment process for the advisory
committee;
(4) the process for removing a member of the advisory
committee; and
(5) a requirement that the advisory committee comply
with Chapter 551, Government Code.
Sec. 802.109. VOTE REQUIRED FOR ACTION. A decision of the
advisory committee is not effective unless it receives the
affirmative vote of at least a majority of the members present.
Sec. 802.110. APPLICABILITY OF OTHER LAW. Chapter 2110,
Government Code, does not apply to the advisory committee.
[Sections 802.111-802.150 reserved for expansion]
SUBCHAPTER D. LICENSING OF COMMERCIAL BREEDERS
Sec. 802.151. LICENSE REQUIRED; QUALIFICATIONS. (a) A
person may not act as a commercial breeder in this state unless the
person holds a commercial breeder license under this subchapter for
each facility that the person owns or operates in this state.
(b) A commercial breeder license for a single facility may
cover more than one building on the same premises.
(c) The department may adopt educational or training
qualifications required for issuance or renewal of a license under
this subchapter as necessary to protect the public health and
safety.
Sec. 802.152. APPLICATION. (a) An applicant for a license
under this subchapter must:
(1) submit to the department a completed application
on a form prescribed by the department;
(2) submit to the department any other information
required by department rule;
(3) demonstrate to the satisfaction of the department
the qualifications required by this chapter and department rule;
and
(4) pay the application fee.
(b) A license application must include:
(1) a place for the applicant to:
(A) indicate whether the applicant's facility
will operate under more than one name and, if so, each name under
which the applicant will operate; and
(B) indicate whether the applicant has an
ownership interest in any other facility inside or outside this
state and the name and location of each facility in which the
applicant has an interest;
(2) a signed statement on:
(A) the number and breed of all adult animals
that will be kept, housed, and maintained by the applicant at the
facility and the estimated number of puppies or kittens to be kept,
housed, and maintained at the facility during the term of the
license;
(B) whether a license held by an applicant under
this subchapter or under another federal, state, county, or local
law, ordinance, or other regulation relating to dealing in or
handling dogs or cats has been suspended, revoked, or denied; and
(C) whether the applicant has been charged with
animal cruelty or neglect in any jurisdiction and, for an applicant
that is a partnership, corporation, or limited liability company,
whether any of the applicant's partners, directors, officers, or
members have been charged with animal cruelty or neglect in this or
any other jurisdiction; and
(3) the number of persons who will be employed by the
facility.
(c) An application from a partnership, corporation, or
limited liability company must include:
(1) the name and address of all partners, directors,
officers, members, and managers; and
(2) a notation of each partner, director, officer,
member, manager, or other person authorized to represent the
partnership, corporation, or limited liability company.
(d) If an applicant is required to be licensed by the United
States Department of Agriculture under the federal Animal Welfare
Act (7 U.S.C. Section 2131 et seq.), the application must include
all United States Department of Agriculture inspection reports and
records for the preceding five years for any facility owned or
operated by the applicant.
Sec. 802.153. INITIAL PRELICENSE INSPECTION. (a) The
department shall inspect a facility before an initial commercial
breeder license is issued for that facility. An initial prelicense
inspection must be performed not later than the 30th day after the
date an applicant submits an application for a commercial breeder
license to the department.
(b) The department may designate a veterinarian who is not
affiliated with the applicant, a local animal control authority, or
a humane society agent to conduct or assist in an initial prelicense
inspection.
(c) The department may not issue a commercial breeder
license until the department receives an initial prelicense
inspection certificate signed by 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.
(d) Before the initial prelicense inspection may be
conducted, each applicant shall pay to the department a
nonrefundable inspection fee.
Sec. 802.154. ISSUANCE. The department shall issue a
commercial breeder license to each commercial breeder who:
(1) meets the requirements of this chapter and rules
adopted under this chapter;
(2) applies to the department on the form prescribed
by the department; and
(3) pays the required fee.
Sec. 802.155. TERM. A license issued under this subchapter
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 subchapter.
Sec. 802.156. LICENSE DENIAL. The department shall refuse
to issue a license to an applicant who:
(1) fails to meet the standards of care adopted by the
department under Subchapter F;
(2) has been convicted of cruelty to animals under the
laws of this state or any other jurisdiction;
(3) has had a similar license by a federal, state, or
local authority denied, revoked, or suspended;
(4) has falsified any material information requested
by the department; or
(5) was an owner, partner, director, officer, member,
manager, agent, family member, affiliate, or employee of a
commercial breeder whose license was revoked or suspended and was
responsible for or participated in the violation that resulted in a
revocation or suspension that is still in effect.
Sec. 802.157. LICENSE RENEWAL. (a) A license holder may
renew the person's license by:
(1) submitting a renewal application to the department
on the form prescribed by the department before the expiration date
on the license;
(2) complying with any other renewal requirements
adopted by the department; and
(3) paying the renewal fee set by the department.
(b) A person whose license has expired may not engage in
activities that require a license until the license has been
renewed.
(c) Not later than the 90th day before the expiration of the
person's license, the department shall send written notice of the
impending license expiration to the person at the person's last
known address according to the records of the department.
(d) A license renewal application and the renewal fee must
be postmarked not later than the 60th day before the expiration date
of the license. A license renewal application received after the
60th day is subject to a late fee in the amount set by department
rule, not to exceed 50 percent of the license renewal fee.
(e) If a license is not renewed by the renewal date, the
license holder must reapply for an initial commercial breeder
license.
(f) A license renewal application by a person licensed by
the United States Department of Agriculture under the federal
Animal Welfare Act (7 U.S.C. Section 2131 et seq.) must be
accompanied by all United States Department of Agriculture
inspection reports and records for the licensed facility during the
preceding 12 months.
[Sections 802.158-802.200 reserved for expansion]
SUBCHAPTER E. PRACTICE BY LICENSE HOLDER
Sec. 802.201. DISPLAY OF LICENSE; INCLUSION OF LICENSE
NUMBER. A commercial breeder shall:
(1) prominently display a copy of the commercial
breeder license at the breeder's facility; and
(2) include the commercial breeder license number in
each advertisement and in each contract for the sale or transfer of
an animal by the commercial breeder.
Sec. 802.202. CHANGE IN LICENSE INFORMATION. A commercial
breeder shall notify the department by certified mail not later
than the 10th day after the date any change occurs in the address,
name, management, or substantial control and ownership of the
business or operation.
Sec. 802.203. ANNUAL REPORT. (a) Not later than February
1 of each year, a commercial breeder shall submit to the department
a report on the form prescribed by the department. The report must
include:
(1) the number of dogs and cats in the commercial
breeder's possession on the first and last day of the preceding
year;
(2) the number of animals that during the preceding
year:
(A) died; or
(B) were born, sold, traded, bartered, leased,
brokered, given away, or euthanized; and
(3) any other information required by the department.
(b) A license holder that uses more than one business name
must keep separate records and file a separate report for each
business name.
Sec. 802.204. ANIMAL LOG. (a) A commercial breeder shall:
(1) maintain a separate written log for each animal
documenting the animal's veterinary care; and
(2) make the log available on request to the
department or a veterinarian, local animal control authority, or
humane society agent designated by the department.
(b) The log must include:
(1) the date of the animal's birth;
(2) the date the commercial breeder took possession of
the animal if the animal was acquired from another person;
(3) the breed, sex, color, and identifying marks of
the animal;
(4) the animal's identifying tag, tattoo, microchip,
or collar number;
(5) the name and registration number of the sire and
dam of the animal; and
(6) a record of all inoculations, medications, and
other veterinary medical treatment received by the animal while in
the possession of the commercial breeder that includes:
(A) the date of the inoculation, medication, or
treatment;
(B) the type or nature of the inoculation,
medication, or treatment; and
(C) the name of the attending veterinarian, if
applicable.
Sec. 802.205. LIMIT ON NUMBER OF INTACT ANIMALS. A
commercial breeder may not possess more than 50 intact adult
animals at any time.
Sec. 802.206. TRANSPORTATION. A commercial breeder and its
designated carrier or intermediate handler of the animal shall
comply with the standards that apply to transporting the animal
under the federal Animal Welfare Act (7 U.S.C. Section 2131 et seq.)
and the regulations adopted under that Act.
[Sections 802.207-802.250 reserved for expansion]
SUBCHAPTER F. STANDARDS OF CARE AND CONFINEMENT
Sec. 802.251. ADOPTION OF STANDARDS. The department, in
accordance with this subchapter and with the advice of the advisory
committee, shall adopt rules for the proper feeding, watering,
housing, care, including veterinary care, grooming, treatment,
transportation, and disposition of dogs and cats by a commercial
breeder to ensure the overall health and welfare of each animal in
the commercial breeder's facility.
Sec. 802.252. FOOD AND WATER STANDARDS. (a) The
department shall establish standards to ensure that commercial
breeders provide animals with uncontaminated, palatable, and
wholesome food and water suitable for the species, at a frequency
and in an amount appropriate for the animal's size, condition, and
age to maintain proper and healthy weight.
(b) The standards must require animals to be offered food at
least once every 24 hours and have continuous access to water.
Sec. 802.253. SHELTER AND CONFINEMENT STANDARDS. (a) The
department shall establish standards to ensure that commercial
breeders provide:
(1) a safe structural housing environment that is free
of sharp or jagged edges and restricts access by vermin;
(2) adequate indoor and outdoor confinement areas
based on animal age, breed, physical condition, and type, and for
each animal at least one separate shelter large enough to allow the
animal in the shelter to easily sit, stand, turn around, and lie
down in a normal manner;
(3) for cats housed in an outdoor confinement area,
free access to an indoor confinement area;
(4) an indoor confinement area of adequate dimensions
based on the size and type of animal;
(5) adequate construction and materials for
confinement area walls, ceilings, and flooring, including adequate
solid or solid slatted floor surface areas;
(6) appropriate ventilation in all indoor confinement
areas to allow the free movement of air in and around the
confinement area;
(7) proper temperatures in indoor and outdoor
confinement areas to protect the health and well-being of the
animals based on the age, breed, physical condition, and type of
animal;
(8) proper methods for minimizing odors, drafts,
ammonia levels, and condensation in all housing facilities and
recreational areas;
(9) adequate lighting in indoor confinement areas that
allows observation of the physical condition of the animals housed
in the area and routine inspection and cleaning; and
(10) adequate types, quantities, and placement of fire
extinguishers, smoke detectors, and carbon monoxide detectors for
indoor confinement areas.
(b) The standards must prohibit:
(1) a commercial breeder from housing females in
estrus with unneutered males, except for breeding purposes;
(2) the placement of primary enclosures more than 12
inches above the floor or on top of another primary enclosure; and
(3) the tethering or leashing of animals in a facility
as a means of confinement.
Sec. 802.254. SANITATION STANDARDS. The department shall
establish standards to ensure that commercial breeders provide:
(1) suitable methods to daily eliminate feces and
excess fluids from confinement areas, to weekly disinfect
impervious surfaces, and to remove animals from a confinement area
when a hose or pressure washer is used;
(2) adequate sanitation practices, including bedding
sanitation, food and water contamination prevention, and isolation
of animals with infectious or contagious diseases; and
(3) adequate methods for employees to disinfect their
hands and shoes after handling isolated animals.
Sec. 802.255. EXERCISE AND GROOMING STANDARDS. (a) The
department shall establish standards to ensure that commercial
breeders provide adequate exercise areas to allow animals eight
weeks of age and older the opportunity for daily exercise. The
standards must provide that animals exercised in groups are
compatible and free of illness.
(b) The department shall establish bathing and grooming
standards to ensure that commercial breeders keep animals clean and
comfortable.
Sec. 802.256. SOCIALIZATION STANDARDS; STANDARDS FOR
PUPPIES AND KITTENS. (a) The department shall establish standards
to ensure that commercial breeders provide:
(1) adequate socialization by physical contact with
other compatible animals of the same or like breed and human beings;
and
(2) adequate care of puppies and kittens, including
housing of puppies and kittens with their mothers until an
appropriate age.
(b) The department shall prohibit a commercial breeder from
selling, trading, or giving away an animal before the animal is 12
weeks of age.
Sec. 802.257. HEALTH AND HANDLING STANDARDS. (a) The
department shall establish standards to ensure that commercial
breeders provide:
(1) proper handling, treatment, and immunization of
animals for disease, parasite, and pest control, including proper
care by a veterinarian and written health records for each animal;
(2) adequate methods for animal identification and
tracking that are nontransferable;
(3) proper handling of animals to prevent trauma,
behavioral stress, physical harm, or discomfort to the animal;
(4) proper breeding procedures for male and female
animals; and
(5) proper handling of animals during transportation
to ensure the safety and well-being of the animals transported,
including the provision of adequate food, water, exercise, cage
size and structure, temperature, and observation and proper care
for females in estrus.
(b) A person may not sell or transport into, out of, or
within this state an animal that is less than 12 weeks of age for a
direct or indirect sale or for an exchange in return for
consideration.
Sec. 802.258. STAFFING STANDARDS. (a) The department
shall establish standards to ensure that commercial breeders
provide:
(1) adequate staffing; and
(2) adequate training for staff in animal welfare,
care, and proper supervision.
(b) The department shall prohibit a commercial breeder from
employing an employee or independent contractor who has been
convicted of cruelty to or neglect of animals under the laws of this
state or of any other jurisdiction.
Sec. 802.259. ADDITIONAL STANDARDS. The department may
establish any additional standards considered necessary to protect
the public health and the welfare of animals covered under this
chapter.
[Sections 802.260-802.300 reserved for expansion]
SUBCHAPTER G. RETAIL SALES OF DOGS AND CATS
Sec. 802.301. DISCLOSURE. (a) Each dealer shall deliver
to each retail purchaser of an animal a written disclosure that
includes the following:
(1) the commercial breeder's name, address, United
States Department of Agriculture license number, and commercial
breeder license number;
(2) the name, address, and United States Department of
Agriculture license number of any broker who has had possession of
the animal;
(3) the date of the animal's birth;
(4) the date the dealer received the animal;
(5) the breed, sex, color, and identifying marks of
the animal;
(6) the individual identifying tag, tattoo,
microchip, or collar number;
(7) the name and registration number of the sire and
dam and the litter number; and
(8) a record of inoculations, worming treatments, and
medication received by the animal while in the possession of the
dealer.
(b) The written disclosure must include:
(1) a statement signed by the dealer that the animal
does not have any known health problem or that discloses any known
health problem; and
(2) a statement signed by a veterinarian that lists
any treatments the animal has received and any recommendations for
future treatment.
(c) The written disclosure required under this section is a
part of the purchaser rights required under this subchapter.
(d) Except as provided by this subsection, a written
disclosure is not required for a mixed breed animal if the
information is not available and cannot be determined by the
dealer. The dealer must disclose all known health problems and
medical records of a mixed breed animal.
Sec. 802.302. RECORDS. The dealer shall retain until the
first anniversary of the date of issuance a copy of the statement of
purchaser rights delivered to the retail purchaser.
Sec. 802.303. REGISTRATION. (a) A dealer who represents
an animal as eligible for registration with an animal pedigree
organization shall, not later than the 90th day after the date the
final payment is received, provide to the retail purchaser the
documents necessary for registration with the organization.
(b) If the dealer fails to provide the registration
documents to the retail purchaser as required by Subsection (a),
the purchaser may:
(1) retain the animal and receive a refund of 50
percent of the purchase price of the animal; or
(2) return the animal and all documentation previously
provided to the purchaser and receive a full refund of the purchase
price.
(c) The dealer is not responsible for delays in registration
that are the result of the actions or inaction of persons other than
the dealer.
Sec. 802.304. EXAMINATION BY VETERINARIAN. (a) A broker
or dealer may not offer an animal for sale to a retail purchaser
unless the animal has been examined by a veterinarian.
(b) A veterinarian who examines an animal for a broker may
not be the same veterinarian who examines the animal for a dealer.
(c) If a dealer is not the breeder of an animal, the animal
must be examined by a veterinarian:
(1) not later than the second day after the date the
dealer receives the animal; and
(2) not later than the fourth day after the date the
dealer delivers the animal to the purchaser.
(d) The dealer shall pay the cost of the veterinarian
examination required under Subsection (c).
Sec. 802.305. RIGHTS OF PURCHASER. (a) An animal is
considered unfit for sale by a dealer if:
(1) a veterinarian states in writing not later than
the 20th day after the date a purchaser takes possession of an
animal that the animal has a health problem that existed in the
animal at the time of delivery; or
(2) a veterinarian states in writing not later than
the first anniversary of the date that a purchaser took possession
of an animal that the animal:
(A) died or is ill due to a hereditary or
congenital defect; or
(B) is not the breed the dealer represented the
animal to be to the purchaser.
(b) If the dealer misrepresents the breed of the animal to
the purchaser, the dealer shall provide to the purchaser one of the
following remedies selected by the purchaser:
(1) return of the animal to the dealer for a refund of
the full purchase price; or
(2) exchange of the animal for an animal of the breed
represented by the dealer to the purchaser, provided the dealer has
an animal of that breed available for sale.
(c) If an animal dies due to a health problem that existed in
the animal at the time the purchaser took possession of the animal,
the dealer shall provide to the purchaser one of the following
remedies selected by the purchaser:
(1) another animal of equal value, if available, and
reimbursement of all reasonable veterinary fees incurred by the
purchaser for the deceased animal; or
(2) a refund of the full purchase price and
reimbursement of all reasonable veterinary fees incurred by the
purchaser for the deceased animal.
(d) If a health problem existed at the time the purchaser
took possession of the animal, the dealer shall provide to the
purchaser one of the following remedies selected by the purchaser:
(1) return of the animal to the dealer for a refund of
the full purchase price;
(2) exchange of the animal with a health problem for
another animal of the purchaser's choice of equivalent value,
providing a replacement is available; or
(3) retention of the animal with a health problem by
the purchaser and reimbursement of reasonable veterinary fees for
the animal.
(e) The price of a veterinary service is considered
reasonable if the service is appropriate for the diagnosis and
treatment of the health problem and the price for the service is
comparable to a similar service rendered by other veterinarians in
proximity to the treating veterinarian.
Sec. 802.306. RESPONSIBILITIES OF PURCHASER. (a) To be
eligible for the remedies provided in Section 802.305, the retail
purchaser of an animal with a health problem shall:
(1) notify the dealer not later than the fifth
business day after the date a veterinarian diagnoses a health
problem; and
(2) provide the dealer with the name and telephone
number of the veterinarian and a copy of the veterinarian's report
on the animal.
(b) A retail purchaser who is seeking a full refund of the
purchase price of an animal shall return the animal to the dealer
not later than the fifth business day after the date the purchaser
receives a written statement from a veterinarian indicating that
the animal is unfit due to a health problem.
(c) If an animal has died, the retail purchaser must provide
the dealer with a written statement from a veterinarian indicating
that the animal died from a health problem that existed on or before
the date the purchaser took possession of the animal.
Sec. 802.307. RIGHTS OF DEALER. A dealer is not required to
provide a refund, replacement, or reimbursement of veterinary fees
if one or more of the following conditions exist:
(1) the health problem or death resulted from
maltreatment, neglect, or a disease contracted while in the
possession of the purchaser or from an injury sustained after
delivery of the animal to the purchaser;
(2) a veterinarian's statement was provided to the
purchaser under Section 802.301 that disclosed the health problem
for which the purchaser seeks to return the animal; or
(3) the purchaser failed to provide to the animal a
treatment recommended by the examining veterinarian under Section
802.301.
Sec. 802.308. CONTEST OF RELIEF; CIVIL ACTION. (a) A
dealer seeking to contest a demand for relief specified in Section
802.303 or 802.305 may require the retail purchaser to produce the
animal for examination or necropsy by a veterinarian designated by
the dealer. The dealer shall pay the cost of the examination or
necropsy. The dealer has a right of recovery against the purchaser
if the dealer is not obligated to provide a remedy under Section
802.305.
(b) If the dealer does not provide the relief selected by
the retail purchaser under Section 802.303 or 802.305, the
purchaser may bring a civil action against the dealer. The
prevailing party in the civil action has the right to recover costs
and reasonable attorney's fees.
Sec. 802.309. POSTING OF PURCHASER RIGHTS NOTICE. Each
dealer shall post in a prominent location in the dealer's facility a
notice, in 48-point boldfaced type, that states the following:
"Information is available on each dog or cat sold by
this establishment. You are entitled to a statement of
purchaser rights related to the sale of a dog or cat by
this establishment. Please ensure that you receive
this statement at the time you purchase a dog or cat."
Sec. 802.310. STATEMENT ACKNOWLEDGING RECEIPT OF PURCHASER
RIGHTS. (a) Each dealer shall provide each retail purchaser with
a written statement of the purchaser's rights under this chapter.
The purchaser must sign an acknowledgment that the purchaser
received the statement and has reviewed the statement. The dealer
shall certify in writing the accuracy of the information contained
in the statement. The dealer shall retain a copy of the signed
acknowledgment and provide a copy of the signed acknowledgment to
the purchaser.
(b) The statement of purchaser rights must be in 16-point
boldfaced type as follows:
"STATEMENT OF TEXAS LAW GOVERNING SALE OF DOGS AND
CATS: The sale of dogs and cats is subject to consumer
protection regulations. Texas law also provides
safeguards to protect dealers and animal purchasers.
Attached is a copy of Subchapter G, Chapter 802,
Occupations Code. Contained in this law is a statement
of your purchaser rights. These rights are not your
exclusive rights and do not limit the rights or
remedies available to you as a purchaser under any
other law."
(c) The statement of purchaser rights must contain or have
attached to the statement the disclosures required under Section
802.301.
Sec. 802.311. LIMITATION; WAIVER PROHIBITED. (a) Nothing
in this chapter shall limit the rights or remedies otherwise
available to a purchaser under any other law.
(b) An agreement or contract by a purchaser to waive any
rights under this chapter is null, void, and unenforceable.
[Sections 802.312-802.350 reserved for expansion]
SUBCHAPTER H. DISCIPLINARY ACTION
Sec. 802.351. SUSPENSION AND REVOCATION OF LICENSE; REFUSAL
TO RENEW LICENSE. (a) The department may suspend, revoke, or
refuse to renew a license for:
(1) a violation of this chapter or a rule adopted under
this chapter;
(2) failure to comply with a sanction;
(3) failure to pay a civil penalty;
(4) failure to meet a standard of care adopted by the
department under Subchapter F;
(5) failure to comply with any corrective action
required under an inspection report in the time provided by the
report;
(6) falsification of information requested by the
department;
(7) the denial, revocation, or suspension of a similar
license by another federal, state, or local authority; or
(8) conviction of cruelty to animals under the laws of
this state or any other jurisdiction by a commercial breeder or any
owner, partner, director, officer, member, manager, employee, or
agent of a commercial breeder.
(b) A person whose commercial breeder license is revoked may
not reapply for a commercial breeder license before the second
anniversary of the date of revocation. The department shall
permanently revoke a commercial breeder license if the basis for
the revocation was a conviction of animal cruelty.
(c) A person whose commercial breeder license is suspended
or revoked twice is permanently barred from holding a license under
this chapter.
Sec. 802.352. RIGHT TO HEARING; ADMINISTRATIVE PROCEDURE.
(a) A license holder or applicant for a commercial breeder license
is entitled to a hearing conducted by the State Office of
Administrative Hearings if the department proposes to deny,
suspend, or revoke a license.
(b) A proceeding under this chapter to deny, suspend, or
revoke a license is a contested case under Chapter 2001, Government
Code.
Sec. 802.353. ENFORCEMENT PROCEEDINGS; INJUNCTION.
(a) The department, the attorney general, or the district, county,
or city attorney for the county or municipality in which a facility
is located may bring an appropriate administrative or judicial
proceeding to enforce this chapter or any rule adopted under this
chapter.
(b) The department, the attorney general, or the district,
county, or city attorney for the county or municipality in which a
facility is located may initiate an action for an injunction to
prohibit a person from violating this chapter or any rule adopted
under this chapter.
Sec. 802.354. CIVIL PENALTY. (a) A person who violates
this chapter or any rule adopted under this chapter is liable to
this state for a civil penalty of not less than $200 or more than
$5,000 for each violation. Each animal to which the violation
applies and each day that violation continues constitutes a
separate violation.
(b) The amount of the penalty shall be based on:
(1) the seriousness of the violation;
(2) the history of previous violations;
(3) the amount necessary to deter a future violation;
and
(4) any other matter that justice may require.
(c) The department or the attorney general may sue to
collect a civil penalty under this section. In the suit the state
may recover the reasonable expenses incurred in obtaining the
penalty, including investigation and court costs, reasonable
attorney's fees, witness fees, and other expenses.
Sec. 802.355. CRIMINAL OFFENSES AND PENALTIES. (a) A
person commits an offense if the person violates this chapter or any
rule adopted under this chapter. Each animal to which a violation
applies and each day that violation continues constitutes a
separate offense. An offense under this subsection is a Class C
misdemeanor.
(b) A broker or dealer commits an offense if the broker or
dealer knowingly acquires a dog or cat from an unlicensed
commercial breeder for the purpose of reselling the dog or cat to
another person. An offense under this subsection is a Class B
misdemeanor. It is a defense to prosecution for an offense under
this subsection that the dealer was a humane society or a local
animal control authority.
(c) A dealer commits an offense if the dealer knowingly
possesses an animal under the age of 12 weeks for the purpose of
reselling the animal to another person. An offense under this
subsection is a Class C misdemeanor. It is a defense to prosecution
for an offense under this subsection that the dealer was a humane
society or a local animal control authority.
(d) A person commits an offense if the person knowingly
falsifies information in a license application, annual report, or
record required under this chapter. An offense under this
subsection is a state jail felony.
(e) An unlicensed commercial breeder commits an offense if
the breeder advertises animals for sale. An offense under this
subsection is a Class C misdemeanor.
(f) A commercial breeder commits an offense if the
commercial breeder interferes with, hinders, or thwarts any
inspection or investigation under this chapter or refuses to allow
an inspector full access to all areas of the facility where animals
are kept or cared for and all records required to be kept under this
chapter or any rule adopted under this chapter. An offense under
this subsection is a Class B misdemeanor.
SECTION 3. Not later than December 31, 2009, the Texas
Commission of Licensing and Regulation shall appoint the members of
the Dog and Cat Breeders Advisory Committee in accordance with
Chapter 802, Occupations Code, as added by this Act. In making the
initial appointments, the commission shall designate:
(1) three members for terms expiring February 1, 2011;
and
(2) three members for terms expiring February 1, 2013.
SECTION 4. Not later than June 1, 2010, the Department 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 5 of this Act.
SECTION 5. Notwithstanding Chapter 802, Occupations Code,
as added by this Act, a commercial breeder is not required to:
(1) hold a license under that chapter to act as a
commercial breeder before September 1, 2010; or
(2) comply with the standards adopted under Subchapter
F, Chapter 802, Occupations Code, as added by this Act, before
September 1, 2010.
SECTION 6. (a) The change in law made by this Act applies
only to an offense committed on or after the effective date of this
Act. For purposes of this section, an offense is committed before
the effective date of this Act if any element of the offense occurs
before that date.
(b) An offense committed before the effective date of this
Act is covered by the law in effect when the offense was committed,
and the former law is continued in effect for that purpose.
SECTION 7. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
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, 2009.