Texas 2019 - 86th Regular

Texas House Bill HB2721 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R14095 JES-D
2	2	By: Reynolds H.B. No. 2721
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the source of dogs and cats sold by pet stores;
8	8	providing a civil penalty.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Title 6, Business & Commerce Code, is amended by
11	11	adding Chapter 205 to read as follows:
12	12	CHAPTER 205. SALE OF DOGS AND CATS BY PET STORES
13	13	Sec. 205.001. DEFINITIONS. In this chapter:
14	14	(1) "Animal control agency" means a municipal or
15	15	county animal control office, or a state, county, or municipal law
16	16	enforcement agency, that collects, impounds, or keeps stray,
17	17	homeless, abandoned, or unwanted animals.
18	18	(2) "Animal rescue organization" means a nonprofit
19	19	private organization that is exempt from taxation under Section
20	20	501(a), Internal Revenue Code of 1986, as an organization described
21	21	by Section 501(c)(3) of that code, that accepts homeless or
22	22	unwanted dogs or cats with the purpose of finding permanent homes
23	23	for the dogs or cats, and that does not obtain dogs or cats from a
24	24	breeder or animal seller for compensation.
25	25	(3) "Animal shelter" means a facility that collects,
26	26	impounds, or keeps stray, homeless, abandoned, or unwanted dogs or
27	27	cats.
28	28	(4) "Licensed breeder" means a dog or cat breeder, as
29	29	that term is defined by Section 802.002, Occupations Code, who
30	30	holds a license under Chapter 802, Occupations Code.
31	31	(5) "Pet store" means a for-profit business that sells
32	32	dogs or cats in a county with a population of 550,000 or more that is
33	33	adjacent to a county with a population of 3.3 million or more. The
34	34	term does not include an individual who sells, gives, or otherwise
35	35	transfers dogs or cats raised, bred, or both by the individual.
36	36	Sec. 205.002. SALE OF DOG OR CAT BY PET STORE. A pet store
37	37	may not sell a dog or cat unless the pet store obtained the dog or
38	38	cat from:
39	39	(1) an animal control agency;
40	40	(2) an animal shelter;
41	41	(3) an animal rescue organization; or
42	42	(4) a licensed breeder.
43	43	Sec. 205.003. MAINTENANCE OF RECORDS. (a) A pet store
44	44	shall maintain a record documenting from which animal control
45	45	agency, animal shelter, animal rescue organization, or licensed
46	46	breeder the pet store obtained each dog or cat in the possession of
47	47	the pet store for not less than one year following the date the pet
48	48	store takes possession of the dog or cat.
49	49	(b) A pet store shall make the records maintained under this
50	50	section reasonably available for inspection by an animal control
51	51	agency, animal shelter, animal rescue organization, or licensed
52	52	breeder from which the pet store has received a dog or cat during
53	53	the preceding 12 months.
54	54	Sec. 205.004. PUBLIC POSTING. A pet store shall post in a
55	55	conspicuous location affixed to the enclosure of each dog or cat
56	56	available for sale the name of the animal control agency, animal
57	57	shelter, animal rescue organization, or licensed breeder from which
58	58	the pet store obtained the dog or cat.
59	59	Sec. 205.005. CIVIL PENALTY. A pet store that violates
60	60	Section 205.002 is liable to this state for a civil penalty in an
61	61	amount not to exceed $500 for each dog or cat sold in violation of
62	62	that section. The attorney general may bring an action to collect
63	63	the civil penalty imposed under this section.
64	64	SECTION 2. The change in law made by this Act applies only
65	65	to a dog or cat obtained by a pet store on or after the effective
66	66	date of this Act. A dog or cat obtained by a pet store before the
67	67	effective date of this Act is governed by the law in effect on the
68	68	date the dog or cat was obtained, and the former law is continued in
69	69	effect for that purpose.
70	70	SECTION 3. This Act takes effect September 1, 2019.