82R8124 MAW-F
By: Thompson H.B. No. 1451
A BILL TO BE ENTITLED
AN ACT
relating to the licensing and regulation of commercial dog and cat
breeders; providing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 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
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 802.001. SHORT TITLE. This chapter may be cited as the
Commercial Dog and Cat Breeders Act.
Sec. 802.002. DEFINITIONS. In this chapter:
(1) "Adult animal" means an animal six months of age or
older.
(2) "Animal" means a dog or a cat.
(3) "Cat" means a mammal that is wholly or partly of
the species Felis domesticus.
(4) "Commercial breeder" means a person who possesses
11 or more adult intact female animals and is engaged in the
business of breeding animals for direct or indirect sale or for
exchange in return for consideration.
(5) "Commission" means the Texas Commission of
Licensing and Regulation.
(6) "Controlling person" means an individual who:
(A) is a partner, manager, director, officer, or
member of a commercial breeder;
(B) possesses the authority to set policy or
direct management of a commercial breeder; or
(C) possesses a direct or indirect control of 25
percent or more of a commercial breeder.
(7) "Department" means the Texas Department of
Licensing and Regulation.
(8) "Dog" means a mammal that is wholly or partly of
the species Canis familiaris.
(9) "Facility" means the premises used by a commercial
breeder for keeping or breeding animals. The term includes all
buildings, property, and confinement areas used to conduct the
commercial breeding business.
(10) "Federal regulations" means the specifications
for the humane handling, care, treatment, and transportation of
dogs and cats set forth in 9 C.F.R. Part 3, Subpart A.
(11) "Intact female animal" means a female animal that
has not been spayed and is capable of reproduction.
(12) "Kitten" means a cat less than six months old.
(13) "Local animal control agency" means a municipal
or county animal control office with authority over the premises in
which an animal is kept or, in an area that does not have an animal
control office, the county sheriff.
(14) "Possess" means to have custody of or control
over.
(15) "Primary enclosure" means any structure used to
restrict an animal to a limited amount of space. The term includes
a room, pen, run, cage, or compartment.
(16) "Puppy" means a dog less than six months old.
(17) "Third-party inspector" means any of the
following entities with which the department contracts under
Section 802.062, including an employee of the entity:
(A) a state agency;
(B) a local law enforcement agency or fire
department; or
(C) a local animal control agency.
(18) "Veterinarian" means a veterinarian in good
standing and licensed to practice veterinary medicine in this
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.
(c) This chapter does not apply to an animal regulated under
the Texas Racing Act (Article 179e, Vernon's Texas Civil Statutes).
[Sections 802.004-802.050 reserved for expansion]
SUBCHAPTER B. POWERS AND DUTIES OF COMMISSION AND DEPARTMENT
Sec. 802.051. GENERAL POWERS AND DUTIES; RULES. (a) The
department shall administer and enforce this chapter.
(b) The commission shall adopt rules necessary to
administer and enforce this chapter.
Sec. 802.052. FEES. The commission by rule shall establish
reasonable and necessary fees in amounts sufficient to cover the
costs of administering and enforcing this chapter. In setting the
fee for inspecting or licensing a facility, the commission may
consider the number of adult intact female animals at the facility.
Sec. 802.053. PERSONNEL. 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. The department
shall conduct a criminal background check on each applicant who
submits an application for a license under this chapter and on any
controlling person of the applicant. The department may, as
permitted by law:
(1) examine any criminal conviction, guilty plea, or
deferred adjudication of the applicant or controlling person; and
(2) obtain any criminal history or record of the
applicant or controlling person.
Sec. 802.056. DIRECTORY. (a) The department shall
maintain a directory of commercial breeders licensed, and
third-party inspectors registered, under this chapter.
(b) The department shall make the directory available to the
public.
Sec. 802.057. DISCIPLINARY DATABASE. (a) The department
shall maintain a database of commercial breeders who have been
subject to disciplinary action as provided by Subchapter F.
(b) The department shall make the information maintained in
the database available to the public.
Sec. 802.058. 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.
Sec. 802.059. COMMERCIAL BREEDER TRAINING AND ENFORCEMENT
ACCOUNT. (a) The commercial breeder training and enforcement
account is an account in the general revenue fund. Administrative
penalties collected under Subchapter F shall be deposited to the
credit of the account.
(b) Funds in the account may be appropriated only to the
department for:
(1) promoting consumer awareness of this chapter and
rules adopted under this chapter;
(2) supporting educational seminars, training
activities, or other projects designed to benefit the department's
ability to administer this chapter;
(3) paying for information resulting in disciplinary
action against a person under Subchapter F; and
(4) taking any other action to improve the
department's ability to investigate violations of and enforce this
chapter.
(c) The commission by rule may provide for a system to pay
for information resulting in disciplinary action against a person
under Subchapter F. Rules adopted under this subsection must
ensure that a public purpose is accomplished through the use of the
payment system.
(d) The department may solicit and accept gifts, grants, and
other donations from any source for deposit into the account.
(e) The account is exempt from the application of Section
403.095, Government Code.
Sec. 802.060. REGULATION OF THIRD-PARTY INSPECTORS. The
commission by rule may establish:
(1) training requirements for a third-party
inspector;
(2) registration procedures for a third-party
inspector; and
(3) policies governing the acts of a third-party
inspector in conducting an inspection or investigation.
Sec. 802.061. REGISTRATION OF CERTAIN EMPLOYEES OF
COMMERCIAL BREEDERS. The commission by rule may establish
registration procedures for any person whose duties and
responsibilities include the handling of or caring for an animal in
a commercial breeder's facility.
Sec. 802.062. CONTRACTS FOR ENFORCEMENT. The department
may contract with a third-party inspector to enforce or assist in
the enforcement of this chapter and rules adopted under this
chapter, including the performance of inspections and
investigations required under this chapter.
Sec. 802.063. INSPECTIONS. (a) The department shall
inspect each facility of a licensed commercial breeder at least
once in every 12-month period and at other times as necessary to
ensure compliance with this chapter and rules adopted under this
chapter.
(b) The inspection must be conducted during the facility's
normal business hours, and the commercial breeder or a
representative of the commercial breeder may be present during the
inspection.
(c) The department or third-party inspector may not provide
advance notice to the commercial breeder or a representative of the
commercial breeder before arriving at the facility. The commercial
breeder or its representative shall, on request of an inspector,
assist the inspector in performing the inspection.
(d) In conducting an inspection under this section, an
inspector may not enter or access any portion of a private residence
of a commercial breeder except as necessary to access animals,
documents, records, or other property relevant to the inspection.
(e) 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 and provide a copy
of the report to the commercial breeder or its representative.
Sec. 802.064. INVESTIGATIONS. On receipt of a complaint
alleging a violation of this chapter or a rule adopted under this
chapter, the department or a third-party inspector designated by
the department shall investigate the alleged violation.
Sec. 802.065. REPORTING ANIMAL CRUELTY. A person
conducting an inspection under Section 802.063 or 802.103 or an
investigation under Section 802.064 shall notify the appropriate
local law enforcement agency or local animal control agency not
later than 24 hours after discovering evidence of animal cruelty or
neglect during the inspection or investigation.
[Sections 802.066-802.100 reserved for expansion]
SUBCHAPTER C. LICENSING OF COMMERCIAL BREEDERS
Sec. 802.101. LICENSE REQUIRED. (a) A person may not act
as, offer to act as, or represent that the person is a commercial
breeder in this state unless the person holds a commercial breeder
license under this chapter for each facility that the person owns or
operates in this state. A commercial breeder license for a single
facility may cover more than one building on the same premises.
(b) The commission by rule may establish requirements for
issuance or renewal of a commercial breeder license under this
chapter.
Sec. 802.102. APPLICATION. An applicant for a license
under this chapter must:
(1) submit to the department a completed application
on a form prescribed by the department;
(2) submit to the department the number of the
applicant's sales tax permit issued by the comptroller;
(3) submit to the department any other information
regarding the applicant's facilities and operations requested by
the department;
(4) demonstrate that the applicant has satisfied the
requirements of this chapter and rules adopted under this chapter;
and
(5) pay to the department the required fee.
Sec. 802.103. PRELICENSE INSPECTION. (a) Except as
provided by Subsection (e), the department must inspect a facility
before a commercial breeder license is issued for the facility.
(b) The department may not issue a commercial breeder
license until the department receives a prelicense inspection
report from the inspector in a format approved by the department
certifying that the facility meets the requirements of this chapter
and rules adopted under this chapter.
(c) Before the prelicense inspection may be conducted, each
applicant must pay to the department the required inspection fee to
be used to pay third-party inspectors and the reasonable expenses
of the department related to its licensing and inspection duties
under this chapter.
(d) An applicant whose facility does not meet the
requirements of this chapter and rules adopted under this chapter
as revealed by a prelicense inspection may, after correcting
deficiencies noted in the inspection report, request another
prelicense inspection by paying the required fee to the department.
(e) The department may not require a prelicense inspection
of a facility for an applicant who:
(1) holds a current Class A animal dealers license
issued under the Animal Welfare Act (7 U.S.C. Section 2131 et seq.);
and
(2) submits to the department:
(A) a copy of the license; and
(B) on a form prescribed by the department, a
statement certifying that the facility meets the requirements of
this chapter and rules adopted under this chapter.
Sec. 802.104. INITIAL LICENSE. The department shall issue
a commercial breeder license to each person 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. 802.105. TERM; NONTRANSFERABILITY. A license issued
under this chapter is valid until the first anniversary of the date
of issuance and is nontransferable. The department shall include
the expiration date on each license issued under this chapter.
Sec. 802.106. 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;
(2) complying with any other renewal requirements
adopted by the department; and
(3) paying the required fee.
(b) A person whose license has expired may not engage in
activities that require a license until the license has been
renewed.
(c) The department may not renew the license of a person if
the person is in violation of this chapter or any rule adopted under
this chapter at the time of renewal.
Sec. 802.107. LICENSE DENIAL, REVOCATION, AND SUSPENSION.
(a) The department shall deny issuance of a license to, or refuse
to renew the license of, a person if the person or a controlling
person of the commercial breeder has pled guilty to, been convicted
of, or received deferred adjudication for animal cruelty or neglect
in this state or any other jurisdiction in the five years preceding
the person's initial or renewal application for a commercial
breeder license.
(b) The department shall revoke a license if, after the
license is issued, the person or a controlling person of the
commercial breeder pleads guilty to, is convicted of, or receives
deferred adjudication for animal cruelty or neglect in this state
or any other jurisdiction.
(c) The department may deny issuance of a license to, refuse
to renew the license of, or revoke or suspend a license held by a
person who:
(1) fails to meet the requirements of this chapter and
rules adopted under this chapter;
(2) has had a similar license issued by a federal,
state, or local authority denied, revoked, or suspended;
(3) has falsified any material information requested
by the department;
(4) has failed to meet a standard adopted by rule under
this chapter; or
(5) has failed to comply with any corrective action
required under an inspection report in the time provided by the
report.
[Sections 802.108-802.150 reserved for expansion]
SUBCHAPTER D. PRACTICE BY LICENSE HOLDER
Sec. 802.151. DISPLAY OF LICENSE; APPLICABLE LAWS AND
RULES; INCLUSION OF LICENSE NUMBER AND DEPARTMENT INFORMATION. A
commercial breeder shall:
(1) prominently display a copy of the commercial
breeder license at the breeder's facility;
(2) maintain at the breeder's facility a printed copy
of this chapter and rules adopted under this chapter as made
available by the department;
(3) include the commercial breeder's license number in
each advertisement of the commercial breeder; and
(4) include in each contract for the sale or transfer
of an animal by the commercial breeder:
(A) the commercial breeder's license number; and
(B) the following statement: "Commercial
breeders are regulated by the Texas Department of Licensing and
Regulation, P.O. Box 12157, Austin, Texas 78711, 1-800-803-9202,
512-463-6599, www.license.state.tx.us" or a similar statement
adopted by commission rule that includes the department's name,
mailing address, telephone numbers, and Internet website address.
Sec. 802.152. CHANGE IN LICENSE INFORMATION. A commercial
breeder shall notify the department in a manner prescribed by the
department not later than the 10th day after the date any change
occurs in the address, name, management, or controlling person of
the business or operation.
Sec. 802.153. SALES TAX ACCOUNTING; ANNUAL INVENTORY. (a)
Not later than February 1 of each year, a commercial breeder shall
submit to the department:
(1) a copy of its sales tax report filed with the
comptroller for the preceding calendar year; and
(2) on a form prescribed by the department, an
accounting of all animals held at the facility at any time during
the preceding calendar year.
(b) The commercial breeder shall keep copies of the items
described by Subsection (a) at the commercial breeder's facility
and shall make them available on request to the department or a
third-party inspector designated by the department.
(c) A commercial breeder that has more than one facility
shall:
(1) keep separate records for each facility;
(2) submit a copy of each sales tax report filed with
the comptroller by the commercial breeder; and
(3) submit a separate accounting of animals for each
facility.
Sec. 802.154. ANIMAL RECORDS. (a) A commercial breeder
shall maintain a separate record for each animal in the commercial
breeder's facility documenting the animal's care.
(b) The record must include:
(1) the date the animal entered the facility;
(2) the name, address, and telephone number of the
person from whom the animal was purchased or obtained;
(3) a description of the animal, including the
animal's breed, sex, color, identifying marks, and weight;
(4) the date of birth of the animal or approximate age
if the date of birth is unknown;
(5) any tattoo, microchip, or other identification
number carried by or appearing on the animal;
(6) if the animal is a breeding female:
(A) breeding dates;
(B) dates the animal gave birth to a litter;
(C) number of puppies or kittens for each litter
of the animal; and
(D) the name and identification of the sire or
tom for each litter;
(7) all veterinary care provided for the animal,
including a record of all inoculations, medications, and other
veterinary medical treatment received by the animal while in the
possession of the commercial breeder; and
(8) for an animal that was at the facility but is no
longer at the facility:
(A) the date of disposition or death of the
animal; and
(B) as applicable:
(i) the name and address of the person to
whom the animal was transferred; or
(ii) the animal's cause of death.
(c) The commercial breeder shall make the animal records
available on request to the department or a third-party inspector
designated by the department.
(d) The commission by rule shall establish the retention
period for records required under this section.
Sec. 802.155. LIMIT ON NUMBER OF ADULT INTACT FEMALE
ANIMALS. (a) Except as provided by this section, a commercial
breeder may not possess more than 50 adult intact female animals in
a facility at any time.
(b) The department may permit a commercial breeder to
possess more than 50 adult intact female animals in the breeder's
facility if:
(1) the commercial breeder submits an application
under this subsection on a form prescribed by the department; and
(2) the department determines that the commercial
breeder is adequately staffed and able to meet the requirements of
this chapter and the rules adopted under this chapter while housing
and caring for the additional adult intact female animals and their
litters.
(c) The department may:
(1) establish additional requirements for a
commercial breeder possessing more than 50 adult intact female
animals in a facility to ensure the proper housing and care of the
animals at the facility; and
(2) charge additional fees for licensing and
inspecting a facility in which more than 50 adult intact female
animals are kept.
(d) The department may revoke permission granted under this
section if a commercial breeder fails to meet the requirements of
this chapter, the rules adopted under this chapter, or any
additional requirement set by the department under this section.
[Sections 802.156-802.200 reserved for expansion]
SUBCHAPTER E. STANDARDS OF CARE AND CONFINEMENT
Sec. 802.201. ADOPTION OF STANDARDS. (a) The commission
shall adopt rules establishing minimum standards for the humane
handling, care, and transportation of dogs and cats by a commercial
breeder to ensure the overall health, safety, and well-being of
each animal in the commercial breeder's possession.
(b) The standards adopted under this section must:
(1) meet or exceed federal regulations;
(2) require that, unless otherwise certified by a
veterinarian in the manner prescribed by the department, a
commercial breeder provide each dog 12 weeks of age and older with
at least one hour of daily exercise in an area that:
(A) has a solid, level surface with adequate
drainage;
(B) provides adequate protection against harsh
weather, including exposure to the sun; and
(C) has at least three times more square feet
than the dog's primary enclosure;
(3) require that each adult intact female animal be
provided with adequate rest between breeding cycles;
(4) require that a commercial breeder provide basic
grooming to each animal, including bathing and nail trimming, as
needed to prevent any condition that adversely affects the animal's
health and cleanliness;
(5) require all primary enclosures to have a solid
floor surface with not more than 50 percent of the floor composed of
a solid slatted surface;
(6) prohibit the placement of a primary enclosure of a
dog on top of another primary enclosure of a dog;
(7) prohibit the placement of a primary enclosure of a
cat on top of another primary enclosure of a cat, unless an
impervious barrier is placed between the enclosures;
(8) require at least one regular veterinary
examination a year for a breeding animal;
(9) ensure that necessary routine and preventive
veterinary care is provided to each animal by a veterinarian to
address any disease or illness, including immunization and
treatment of animals for disease, parasites, and pest control;
(10) prohibit a person from euthanizing an animal or
performing a surgical birth of an animal unless the person is a
veterinarian;
(11) for any person whose duties and responsibilities
include the handling of or caring for an animal in a commercial
breeder's facility, require:
(A) compliance with the criminal background
check requirements of Section 802.055; and
(B) appropriate training; and
(12) prohibit a commercial breeder from selling,
trading, or giving away an animal before the animal is eight weeks
of age.
(c) The commission by rule may modify existing standards and
establish additional standards or requirements as necessary to
protect or improve the health and well-being of animals or to
protect the health and safety of the public.
[Sections 802.202-802.250 reserved for expansion]
SUBCHAPTER F. ENFORCEMENT
Sec. 802.251. DISCIPLINARY ACTION; ADMINISTRATIVE PENALTY.
If a person violates this chapter or a rule adopted under this
chapter, the person is subject to any action or penalty under
Subchapter F or G, Chapter 51.
SECTION 3. Not later than March 31, 2012, the Texas
Commission of Licensing and Regulation shall adopt the rules,
standards, procedures, and fees necessary to implement Chapter 802,
Occupations Code, as added by this Act, and Section 4 of this Act.
SECTION 4. 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, 2012; or
(2) comply with the standards adopted under Subchapter
E, Chapter 802, Occupations Code, as added by this Act, before
September 1, 2012.
SECTION 5. 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, 2011.