83R7973 MAW-F
By: Kuempel H.B. No. 1449
A BILL TO BE ENTITLED
AN ACT
relating to licensing and regulation of dog and cat dealers;
providing penalties and imposing fees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 4, Occupations Code, is amended by adding
Chapter 803 to read as follows:
CHAPTER 803. DOG AND CAT DEALERS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 803.001. SHORT TITLE. This chapter may be cited as the
Pet Protection Act.
Sec. 803.002. DEFINITIONS. In this chapter:
(1) "Animal" means a dog or a cat.
(2) "Cat" means a mammal that is wholly or partly of
the species Felis domesticus.
(3) "Commission" means the Texas Commission of
Licensing and Regulation.
(4) "Dealer" means a person who sells or offers to
sell, at retail to the public for use as pets, not fewer than 21
animals in a calendar year.
(5) "Department" means the Texas Department of
Licensing and Regulation.
(6) "Dog" means a mammal that is wholly or partly of
the species Canis familiaris.
(7) "Possess" means to have custody of or control
over.
(8) "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.
(9) "Veterinarian" means a person licensed under
Chapter 801 to practice veterinary medicine.
Sec. 803.003. EXEMPTIONS. This chapter does not apply to:
(1) a nonprofit animal welfare organization, as
defined by Section 821.021, Health and Safety Code; or
(2) an animal control authority, as defined by Section
822.041, Health and Safety Code.
Sec. 803.004. APPLICABILITY OF CHAPTER. (a) This chapter
does not affect the applicability of any other law, rule, order, or
other legal requirement of the federal government or this state. A
county or municipality may adopt a rule, charter, or ordinance,
issue an order, or impose a standard that does not conflict with
this chapter or rules adopted under this chapter.
(b) This chapter is not intended to:
(1) affect the authority of a county or municipality
to enforce a rule, charter, ordinance, order, or standard generally
applicable to all businesses that relates to the rights, health, or
safety of consumers; or
(2) conflict with or limit the enforcement of any law,
rule, order, or other legal requirement of the federal government
or this state relating to the humane treatment of animals.
(c) This chapter does not apply to an animal regulated under
the Texas Racing Act (Article 179e, Vernon's Texas Civil Statutes).
SUBCHAPTER B. POWERS AND DUTIES OF COMMISSION AND DEPARTMENT
Sec. 803.051. 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. 803.052. FEES. The commission by rule shall establish
reasonable and necessary fees in amounts sufficient to cover the
costs of administering and enforcing this chapter. The fee for the
issuance or renewal of a license may not exceed $100.
Sec. 803.053. DISCIPLINARY DATABASE. (a) The department
shall maintain a database of dealers who have been subject to
disciplinary action as provided by Subchapter G.
(b) The department shall make the information maintained in
the database available to the public.
Sec. 803.054. 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. 803.055. INSPECTIONS. (a) At least once in every
12-month period, the department shall inspect each facility of a
license holder. The department may inspect a facility of a license
holder at any time the department determines inspection is
necessary to ensure compliance with this chapter and rules adopted
under this chapter.
(b) The department may not issue a license under this
chapter to a person unless the department has inspected the
facilities the applicant will use to house or sell animals.
(c) In an agreement with a county or municipality under
Section 803.101, the department may authorize the county or
municipality to conduct an inspection required by this chapter.
(d) The department shall require that any person conducting
an inspection be specifically trained in detecting signs of animal
cruelty and neglect.
SUBCHAPTER C. ADMINISTRATION BY COUNTY OR MUNICIPALITY
Sec. 803.101. AGREEMENT REGARDING ADMINISTRATION. The
commission may enter into an agreement with a county or
municipality in this state to allow the county or municipality to
perform the licensing and inspection duties of the department under
this chapter. An agreement between the commission and a county or
municipality must:
(1) require the county or municipality to provide
information to the department regarding each license issued by the
county or municipality;
(2) include provisions requiring the commission to
monitor the administration of this chapter by the county or
municipality; and
(3) provide for the department to resume
administration of this chapter following the expiration or
termination of the agreement.
Sec. 803.102. FEES COLLECTED BY COUNTY OR MUNICIPALITY.
Unless the agreement entered into by the commission and a county or
municipality under Section 803.101 provides otherwise, the county
or municipality is entitled to retain any fees collected by the
county or municipality for an inspection or issuance or renewal of a
license under this chapter.
SUBCHAPTER D. LICENSING AND RENEWAL REQUIREMENTS
Sec. 803.151. LICENSE REQUIRED. A person may not act as or
offer to act as a dealer unless the person holds a license issued
under this chapter.
Sec. 803.152. ISSUANCE OF LICENSE. The department shall
issue a license to each dealer who:
(1) meets the requirements of this chapter and rules
adopted under this chapter, as determined by the department
following an inspection of the dealer's facilities under Section
803.055;
(2) applies to the department on the form prescribed
by the department and under rules adopted by the commission; and
(3) pays the required fee.
Sec. 803.153. TERM OF LICENSE. A license issued under this
chapter is valid for one year and may be renewed as provided by
Chapter 51.
SUBCHAPTER E. PRACTICE BY LICENSE HOLDER
Sec. 803.201. DISPLAY OF LICENSE. A dealer shall
prominently display the dealer's license at the facility or
location at which the dealer is offering animals for sale.
Sec. 803.202. ADVERTISEMENTS. A dealer shall include the
dealer's license number in each advertisement of the dealer.
Sec. 803.203. ANIMAL RECORDS. (a) Subject to Subsection
(b), a dealer shall maintain records for each animal that the dealer
sells or offers to sell or has sold or offered to sell. The records
must include, for each animal:
(1) a description of the animal, including the
animal's breed, sex, color, identifying marks, age, and weight;
(2) any tattoo, microchip, or other identification
number carried by or appearing on the animal;
(3) the date the animal was obtained by the dealer;
(4) if the animal was obtained from an individual, the
name and address of that individual, and if the individual was a
dealer licensed by the United States Department of Agriculture
under the Animal Welfare Act (7 U.S.C. Section 2131 et seq.), the
individual's federal dealer identification number;
(5) if the animal is obtained in a manner other than as
described by Subdivision (4), the time and location at which the
animal was obtained;
(6) if known, the name of the animal's breeder and
information regarding the sire and dam of the animal, including a
breed or litter registration number;
(7) all veterinary care provided to the animal,
including a record of all inoculations, medications, and other
veterinary medical treatment received by the animal while in the
possession of the dealer; and
(8) for an animal that is no longer in the dealer's
possession:
(A) the date of sale, transfer, or death of the
animal; and
(B) as applicable:
(i) the name and address of the person to
whom the animal was sold or transferred; or
(ii) the animal's cause of death.
(b) A dealer shall retain the animal records until the
second anniversary of the date of the sale, transfer, or death of
the animal.
(c) A dealer shall make the animal records available during
normal business hours on request to the department.
Sec. 803.204. NOTICE TO PURCHASER. A dealer shall provide
to a purchaser of an animal a written notice containing:
(1) a summary of the animal's record maintained under
Section 803.203;
(2) a statement, signed by a veterinarian, listing any
veterinary treatments that have been provided to the animal and
describing any treatments that have been prescribed by the
veterinarian but that the animal has not received; and
(3) a statement, signed by the dealer, disclosing any
congenital conditions or other illnesses affecting the animal at
the time of the transaction that are known to the dealer, or stating
that no conditions or illnesses are known to the dealer.
Sec. 803.205. VETERINARY EXAMINATION REQUIRED. A dealer
may not sell or offer to sell an animal unless the animal has been
examined by a veterinarian. The examination must include tests
appropriate to the age and breed of the animal and, for an animal 18
months of age or older, tests to determine if the animal has a
congenital or hereditary condition, disease, or illness that will
adversely affect the health of the animal.
Sec. 803.206. RETURNED ANIMAL. A dealer shall provide
prompt veterinary care to any animal that is returned to the dealer
due to a congenital or hereditary condition, disease, or illness
affecting the animal.
Sec. 803.207. PROHIBITED ACTS. (a) A dealer may not buy,
sell, exhibit, or transport, or offer to buy, sell, exhibit, or
transport, an animal that the dealer knows is stolen.
(b) A dealer may not sell an animal that is eight weeks of
age or younger.
SUBCHAPTER F. STANDARDS OF ANIMAL CARE
Sec. 803.251. HUMANE HANDLING; OBSERVATION. A dealer shall
ensure that all animals in the dealer's possession are handled
humanely and in a manner that will not cause physical injury or harm
to the animal. A dealer shall ensure that all animals in the
dealer's possession are observed on a daily basis.
Sec. 803.252. VETERINARY CARE. (a) A dealer shall ensure
that all animals in the dealer's possession are provided with
appropriate care by a veterinarian to maintain the animal in good
health, including all vaccinations required by state law or local
ordinance.
(b) If a veterinarian determines that an animal suffers from
a congenital or hereditary condition, disease, or illness that, in
the veterinarian's professional opinion, requires euthanasia, the
veterinarian shall promptly and humanely euthanize the animal.
(c) An animal that is found to have a contagious disease
must be treated and kept apart from healthy animals.
Sec. 803.253. FOOD AND WATER. For each animal in a dealer's
possession, the dealer shall:
(1) feed the animal with a wholesome, palatable, and
nutritious food at least twice in a 24-hour period, at regular
intervals not to exceed 12 hours between feedings, unless otherwise
directed by a veterinarian;
(2) provide adequate food receptacles in each primary
enclosure as necessary for the number of animals housed in the
enclosure; and
(3) provide each animal with regular access to clean,
fresh water, unless otherwise directed by a veterinarian.
Sec. 803.254. GENERAL HOUSING REQUIREMENTS. A dealer must
house all animals in the dealer's possession in facilities that:
(1) are maintained at a temperature compatible with
the health and well-being of the animals;
(2) are adequately ventilated by natural or mechanical
means to provide for the health and well-being of the animals and to
minimize drafts, odors, and moisture condensation; and
(3) provide adequate and appropriate lighting for the
animals, including, as appropriate, adequate protection from
exposure to the sun.
Sec. 803.255. PRIMARY ENCLOSURES. (a) A dealer must house
all animals in the dealer's possession in primary enclosures.
(b) A primary enclosure used to house an animal must:
(1) be structurally sound and maintained in good
repair;
(2) provide adequate space to allow the animal to
comfortably stand, sit, turn around, and lie down with limbs
outstretched;
(3) be composed of materials that are safe for the
animal, including surfaces that do not absorb fluids and that can be
thoroughly and repeatedly cleaned and disinfected without
retaining odors; and
(4) provide for adequate drainage to allow for the
efficient elimination of water and animal waste in order to keep the
animal dry and to prevent contact with those substances by the
animal.
(c) The floor surface of a primary enclosure must:
(1) be level;
(2) be designed so that the animal's paws are unable to
extend through openings in the floor; and
(3) if any portion of the floor surface is composed of
metal strands, have:
(A) strands with a diameter of one-eighth inch or
larger that are coated with plastic or fiberglass; or
(B) sufficient padded surfaces on which the
animal can rest.
Sec. 803.256. REGULAR CLEANING REQUIRED. A dealer shall
regularly clean all facilities in which animals are housed or
located in order to maintain a sanitary and healthy environment for
the animals. The dealer must remove an animal from a primary
enclosure at the time of cleaning. The dealer shall properly
contain and dispose of all trash and waste products to prevent
contamination, attracting pests, or the spread of disease.
Sec. 803.257. PREGNANT OR NURSING FEMALES. A dealer shall
provide a box or pen that is isolated from other animals to house a
pregnant dog for the purpose of providing the dog a safe and secure
location at which to give birth and nurse puppies after birth. The
box or pen must be designed to protect the puppies by keeping them
warm and dry and safe from the danger of crushing or smothering by
the dam.
SUBCHAPTER G. ENFORCEMENT
Sec. 803.301. ADMINISTRATIVE PENALTY. The commission or
executive director of the department may impose an administrative
penalty on a person under Subchapter F, Chapter 51. The amount of
the administrative penalty may not be less than $50 or more than
$1,000 for each violation. Each day a violation continues or occurs
is a separate violation for the purpose of imposing a penalty.
Sec. 803.302. SANCTIONS. The commission may impose
sanctions as provided by Section 51.353.
Sec. 803.303. CIVIL PENALTY. A district attorney, county
attorney, or municipal attorney of a county or municipality that
administers this chapter as provided by Subchapter C may institute
an action to collect a civil penalty under Section 51.352.
SECTION 2. Not later than February 1, 2014, the Texas
Commission of Licensing and Regulation, the Texas Department of
Licensing and Regulation, and the executive director of the Texas
Department of Licensing and Regulation, as appropriate, shall adopt
rules and forms necessary to implement Chapter 803, Occupations
Code, as added by this Act.
SECTION 3. (a) Except as provided by Subsection (b) of this
section, this Act takes effect September 1, 2013.
(b) Sections 803.055 and 803.151, Occupations Code, and
Subchapters E, F, and G, Chapter 803, Occupations Code, as added by
this Act, take effect September 1, 2014.