| Old | New | Differences | |
|---|---|---|---|
| 1 | - | 86R17132 JES-D | |
| 2 | - | By: Capriglione, Collier H.B. No. 1097 | |
| 3 | - | Substitute the following for H.B. No. 1097: | |
| 4 | - | By: Darby C.S.H.B. No. 1097 | |
| 1 | + | 86R5203 JES-D | |
| 2 | + | By: Capriglione H.B. No. 1097 | |
| 5 | 3 | ||
| 6 | 4 | ||
| 7 | 5 | A BILL TO BE ENTITLED | |
| 8 | 6 | AN ACT | |
| 9 | 7 | relating to certain contracts for the transfer of a pet. | |
| 10 | 8 | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | |
| 11 | 9 | SECTION 1. Title 99, Business & Commerce Code, is amended by | |
| 12 | 10 | adding Chapter 2005 to read as follows: | |
| 13 | 11 | CHAPTER 2005. CERTAIN CONTRACTS FOR TRANSFER OF PETS PROHIBITED | |
| 14 | 12 | Sec. 2005.001. DEFINITIONS. In this chapter: | |
| 15 | - | (1) "Livestock" has the meaning assigned by Section | |
| 16 | - | 1.003, Agriculture Code. | |
| 13 | + | (1) "Livestock animal" means an equine animal or an | |
| 14 | + | animal raised primarily for use as food for human consumption or to | |
| 15 | + | produce fiber for human use and includes horses, cattle, sheep, | |
| 16 | + | swine, goats, and poultry. | |
| 17 | 17 | (2) "Pet" means a domesticated animal, including a cat | |
| 18 | 18 | or dog, that is owned by an individual and kept in or near the | |
| 19 | 19 | household of the individual for the primary purpose of | |
| 20 | - | companionship. The term does not include livestock. | |
| 20 | + | companionship. The term does not include a livestock animal. | |
| 21 | 21 | Sec. 2005.002. CERTAIN CONTRACTS FOR TRANSFER OF PET | |
| 22 | 22 | PROHIBITED. (a) A contract for the transfer of a pet or financing | |
| 23 | 23 | for the transfer of a pet may not: | |
| 24 | 24 | (1) make ownership of the pet contingent upon the | |
| 25 | 25 | buyer making payments after the transfer of possession of the pet to | |
| 26 | 26 | the buyer; | |
| 27 | 27 | (2) provide for the lease of a pet with the option to | |
| 28 | 28 | purchase the pet at the end of the lease term; or | |
| 29 | 29 | (3) authorize the use of the pet as collateral that may | |
| 30 | 30 | be repossessed by the seller. | |
| 31 | 31 | (b) This section does not prohibit the purchase of a pet | |
| 32 | 32 | using an unsecured personal loan. | |
| 33 | 33 | Sec. 2005.003. CERTAIN CONTRACTS VOID. A contract entered | |
| 34 | 34 | into in violation of this chapter is void. | |
| 35 | 35 | SECTION 2. Chapter 2005, Business & Commerce Code, as added | |
| 36 | 36 | by this Act, applies only to a contract for the transfer of a pet | |
| 37 | 37 | entered into on or after the effective date of this Act. A contract | |
| 38 | 38 | for the transfer of a pet entered into before the effective date of | |
| 39 | 39 | this Act is governed by the law in effect on the date the contract is | |
| 40 | 40 | entered into, and the former law is continued in effect for that | |
| 41 | 41 | purpose. | |
| 42 | 42 | SECTION 3. This Act takes effect September 1, 2019. |