By: Huffman, et al. S.B. No. 361
(Capriglione)
A BILL TO BE ENTITLED
AN ACT
relating to certain contracts for the transfer of a pet.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 99, Business & Commerce Code, is amended by
adding Chapter 2005 to read as follows:
CHAPTER 2005. CERTAIN CONTRACTS FOR TRANSFER OF PETS PROHIBITED
Sec. 2005.001. DEFINITIONS. In this chapter:
(1) "Livestock" has the meaning assigned by Section
1.003, Agriculture Code.
(2) "Pet" means a domesticated animal, including a cat
or dog, that is owned by an individual and kept in or near the
household of the individual for the primary purpose of
companionship. The term does not include livestock.
Sec. 2005.002. CERTAIN CONTRACTS FOR TRANSFER OF PET
PROHIBITED. (a) A contract for the transfer of a pet or financing
for the transfer of a pet may not:
(1) make ownership of the pet contingent upon the
buyer making payments after the transfer of possession of the pet to
the buyer;
(2) provide for the lease of a pet with the option to
purchase the pet at the end of the lease term; or
(3) authorize the use of the pet as collateral that may
be repossessed by the seller.
(b) This section does not prohibit the purchase of a pet
using an unsecured personal loan.
Sec. 2005.003. CERTAIN CONTRACTS VOID. A contract entered
into in violation of this chapter is void.
SECTION 2. Chapter 2005, Business & Commerce Code, as added
by this Act, applies only to a contract for the transfer of a pet
entered into on or after the effective date of this Act. A contract
for the transfer of a pet entered into before the effective date of
this Act is governed by the law in effect on the date the contract is
entered into, and the former law is continued in effect for that
purpose.
SECTION 3. This Act takes effect September 1, 2019.