By: Thompson, et al. (Senate Sponsor - Whitmire) H.B. No. 1451
(In the Senate - Received from the House April 28, 2011;
May 3, 2011, read first time and referred to Committee on Criminal
Justice; May 19, 2011, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 5, Nays 0;
May 19, 2011, sent to printer.)
COMMITTEE SUBSTITUTE FOR H.B. No. 1451 By: Whitmire
A BILL TO BE ENTITLED
AN ACT
relating to the licensing and regulation of certain 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. DOG OR CAT BREEDERS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 802.001. SHORT TITLE. This chapter may be cited as the
Dog or 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) "Commission" means the Texas Commission of
Licensing and Regulation under Chapter 51.
(5) "Controlling person" means an individual who:
(A) is a partner, manager, director, officer, or
member of a dog or cat breeder;
(B) possesses the authority to set policy or
direct management of a dog or cat breeder; or
(C) possesses a direct or indirect control of 25
percent or more of a dog or cat breeder.
(6) "Department" means the Texas Department of
Licensing and Regulation under Chapter 51.
(7) "Dog" means a mammal that is wholly or partly of
the species Canis familiaris.
(8) "Dog or cat breeder" means a person who possesses
11 or more adult intact female animals and is engaged in the
business of breeding those animals for direct or indirect sale or
for exchange in return for consideration.
(9) "Facility" means the premises used by a dog or cat
breeder for keeping or breeding animals. The term includes all
buildings, property, and confinement areas used to conduct the
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) "Licensed breeder" means a dog or cat breeder who
holds a license issued under this chapter.
(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; or
(B) a local law enforcement agency or fire
department.
(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).
Sec. 802.004. PRESUMPTION OF USE FOR BREEDING. For
purposes of this chapter, each adult intact female animal possessed
by a person engaged in the business of breeding animals for direct
or indirect sale or for exchange in return for consideration is
presumed to be used for breeding purposes unless the person
establishes to the satisfaction of the department, based on the
person's breeding records or other evidence reasonably acceptable
to the department, that the animal is not used for breeding.
Sec. 802.005. EXEMPTION FOR CERTAIN PERSONS WHO BREED DOGS.
(a) This section applies only to a dog bred to be used exclusively
for:
(1) herding livestock, as defined by Section 1.003,
Agriculture Code, or other agricultural uses;
(2) hunting, including pointing, flushing, or
retrieving game; or
(3) competing in field trials.
(b) This chapter does not apply to a person to the extent the
person breeds dogs described by Subsection (a) for:
(1) personal use; and
(2) incidental direct or indirect sale or exchange in
return for consideration.
(c) Notwithstanding Subsection (b), a person described by
Subsection (b) may be subject to the requirements of this chapter
based on the person's activities with respect to animals other than
dogs that are bred and used as described by this section.
[Sections 802.006-802.050 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 used for
breeding 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 licensed breeders and of 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 dog or cat 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. DOG OR CAT BREEDER TRAINING AND ENFORCEMENT
ACCOUNT. (a) The dog or cat 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 under Subchapter F against a person for acting as a dog or
cat breeder without holding a license issued under this chapter;
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 described by Subsection (b)(3). 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 shall 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 LICENSED
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 licensed 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 breeder at least once in every
18-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 licensed breeder or a representative
of the licensed breeder may be present during the inspection.
(c) The department or third-party inspector may not provide
advance notice to the licensed breeder or a representative of the
licensed breeder before arriving at the facility. The licensed
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 licensed 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 licensed 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 not later than 24 hours after
discovering evidence of animal cruelty or neglect during the
inspection or investigation.
Sec. 802.066. ADVISORY COMMITTEE. (a) The commission
shall establish an advisory committee to advise the commission and
make recommendations on matters related to the administration and
enforcement of this chapter, including licensing fees and standards
adopted under Subchapter E.
(b) The advisory committee consists of nine members
appointed by the presiding officer of the commission with the
approval of the commission as follows:
(1) two members who are licensed breeders;
(2) two members who are veterinarians;
(3) two members who represent animal welfare
organizations;
(4) two members who represent the public; and
(5) one member who is an animal control officer as
defined in Section 829.001, Health and Safety Code.
(c) Members of the advisory committee serve staggered
four-year terms. The terms of four or five members expire on
February 1 of each odd-numbered year. If a vacancy occurs during a
member's term, the presiding officer of the commission, with the
approval of the commission, shall appoint a replacement member to
serve for the remainder of the unexpired term.
(d) The presiding officer of the commission shall designate
one member of the advisory committee to serve as presiding officer
of the advisory committee for a two-year term. A member may serve
more than one term as presiding officer.
(e) The advisory committee shall meet annually and at the
call of the presiding officer of the advisory committee, the
presiding officer of the commission, or the executive director of
the department.
(f) Except for the members described by Subsection (b)(1), a
person may not be a member of the advisory committee if the person
or a member of the person's household:
(1) is required to be licensed under this chapter;
(2) is an officer, employee, or paid consultant of an
entity required to be licensed under this chapter;
(3) owns or controls, either directly or indirectly,
more than a 10 percent interest in an entity required to be licensed
under this chapter; or
(4) is required to register as a lobbyist under
Chapter 305, Government Code, because of the person's activities
for compensation on behalf of an entity required to be licensed
under this chapter.
(g) The presiding officer of the commission may remove from
the advisory committee a member who is ineligible for membership
under Subsection (f).
(h) A member may not receive compensation for service on the
advisory committee. Subject to the department's budget and any
limitation provided by the General Appropriations Act, a committee
member may receive reimbursement for the actual and necessary
expenses incurred while performing advisory committee duties.
(i) A decision of the advisory committee is effective only
on a majority vote of the members present.
(j) Chapter 2110, Government Code, does not apply to the
size, composition, or duration of the advisory committee or to the
appointment of the committee's presiding officer.
[Sections 802.067-802.100 reserved for expansion]
SUBCHAPTER C. LICENSING OF DOG OR CAT BREEDERS
Sec. 802.101. LICENSE REQUIRED. (a) A person may not act
as, offer to act as, or represent that the person is a dog or cat
breeder in this state unless the person holds a license under this
chapter for each facility that the person owns or operates in this
state. A 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 license issued to a dog or cat breeder
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 information regarding
the applicant's facilities and operations requested by the
department;
(3) demonstrate that the applicant has satisfied the
requirements of this chapter and rules adopted under this chapter;
and
(4) 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 license is issued for the facility.
(b) The department may not issue a license to a dog or cat
breeder 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 license to each dog or cat 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. 802.105. 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 licensed breeder 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 dog or cat 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 license.
(b) The department shall revoke a license if, after the
license is issued, the person or a controlling person of the dog or
cat 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 LICENSED BREEDER
Sec. 802.151. DISPLAY OF LICENSE; APPLICABLE LAWS AND
RULES; INCLUSION OF LICENSE NUMBER AND DEPARTMENT INFORMATION. A
licensed breeder shall:
(1) prominently display a copy of the 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 license number in each advertisement
of the licensed breeder; and
(4) include in each contract for the sale or transfer
of an animal by the licensed breeder:
(A) the license number; and
(B) the following statement: "Dog and cat
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 licensed
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. ANNUAL INVENTORY. (a) Not later than
February 1 of each year, a licensed breeder shall submit to the
department, 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 licensed breeder shall keep copies of the items
described by Subsection (a) at the licensed breeder's facility and
shall make them available on request to the department or a
third-party inspector designated by the department.
(c) A licensed breeder that has more than one facility
shall:
(1) keep separate records for each facility; and
(2) submit a separate accounting of animals for each
facility.
Sec. 802.154. ANIMAL RECORDS. (a) A licensed breeder shall
maintain a separate record for each animal in the breeder's
facility documenting the animal's care.
(b) The record must include:
(1) the date the animal entered the facility;
(2) if applicable, 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 licensed 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 licensed 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.
[Sections 802.155-802.200 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, housing, and transportation of dogs and cats by a
dog or cat breeder to ensure the overall health, safety, and
well-being of each animal in the breeder's possession.
(b) The standards adopted under this section must:
(1) at a minimum, meet federal regulations;
(2) require that, unless otherwise certified by a
veterinarian in the manner prescribed by the department, a licensed
breeder, if applicable, provide each dog 12 weeks of age and older
with at least one hour of daily exercise in an area that:
(A) has a surface that has adequate drainage and
that will not adversely affect the dog's health or well-being, and
that may be composed of natural turf or soil;
(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 an adequate period consistent with
breed standards elapse between the breeding cycles of each adult
intact female animal;
(4) require that a dog or cat 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 that all primary enclosures:
(A) be composed of materials that are safe for
the animal based on the animal's breed, size, and age;
(B) have adequate space to allow the animal to
comfortably stand, sit, turn around, and lie down in a natural
position;
(C) have adequate drainage; and
(D) if any portion of the floor surface is
composed of wire or a slatted material, be free from any protruding,
sharp surfaces and be designed so the animal's paws are unable to
extend through, or become caught in, the floor;
(6) prohibit the placement of a primary enclosure of
an animal on top of the primary enclosure of another animal, unless
an impervious barrier designed to prevent the transfer of any
liquid or animal waste from one enclosure to the other is placed
between the enclosures;
(7) prohibit the stacking of the primary enclosures of
dogs above three vertical levels;
(8) require at least one regular veterinary
examination a year for a breeding animal;
(9) require that a dog or cat breeder maintain at each
of the breeder's facilities a written health care management
protocol that addresses routine and preventive care;
(10) ensure that necessary routine and preventive care
is provided to each animal and that each animal receives
appropriate care and treatment for any disease or illness that
affects the animal's health or well-being;
(11) prohibit a person from euthanizing an animal or
performing a surgical birth of an animal unless the person is a
veterinarian;
(12) require appropriate training for any person whose
duties and responsibilities include the handling of or caring for
an animal in a dog or cat breeder's facility; and
(13) prohibit a dog or cat 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 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 January 1, 2012, the presiding
officer of the Texas Commission of Licensing and Regulation shall
appoint the members of the advisory committee established under
Section 802.066, Occupations Code, as added by this Act.
SECTION 4. 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 5 of this Act.
SECTION 5. Notwithstanding Chapter 802, Occupations Code,
as added by this Act, a dog or cat breeder is not required to:
(1) hold a license under that chapter to act as a dog
or cat 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 6. 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.
* * * * *