TX
Texas House Bill HB1818

Texas 2021 - 87th Regular

Texas House Bill HB1818 Compare Versions

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1-By: Patterson, et al. H.B. No. 1818
2- (Senate Sponsor - Menéndez, Lucio)
3- (In the Senate - Received from the House April 28, 2021;
4- May 12, 2021, read first time and referred to Committee on Business &
5- Commerce; May 21, 2021, reported adversely, with favorable
6- Committee Substitute by the following vote: Yeas 9, Nays 0;
7- May 21, 2021, sent to printer.)
8-Click here to see the committee vote
9- COMMITTEE SUBSTITUTE FOR H.B. No. 1818 By: Hancock
1+87R15492 JES-F
2+ By: Patterson, Reynolds, Shaheen, Holland, H.B. No. 1818
3+ Jetton, et al.
104
115
126 A BILL TO BE ENTITLED
137 AN ACT
148 relating to the source of dogs and cats sold by pet stores;
159 providing a civil penalty.
1610 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1711 SECTION 1. Title 6, Business & Commerce Code, is amended by
1812 adding Chapter 205 to read as follows:
1913 CHAPTER 205. SALE OF DOGS AND CATS BY PET STORES
2014 Sec. 205.001. DEFINITIONS. In this chapter:
2115 (1) "Animal control agency" means a municipal or
2216 county animal control office, or a state, county, or municipal law
2317 enforcement agency, that collects, impounds, or keeps stray,
2418 homeless, abandoned, or unwanted animals.
2519 (2) "Animal rescue organization" means a nonprofit
2620 private organization that is exempt from taxation under Section
2721 501(a), Internal Revenue Code of 1986, as an organization described
2822 by Section 501(c)(3) of that code, that accepts homeless or
2923 unwanted dogs or cats with the purpose of finding permanent homes
3024 for the dogs or cats, and that does not obtain dogs or cats from a
3125 breeder or animal seller for compensation.
3226 (3) "Animal shelter" means a facility that collects,
3327 impounds, or keeps stray, homeless, abandoned, or unwanted dogs or
3428 cats.
35- (4) "Dog or cat breeder" has the meaning assigned by
36- Section 802.002, Occupations Code.
37- (5) "Pet store" means a for-profit business that sells
29+ (4) "Pet store" means a for-profit business that sells
3830 dogs or cats in a county with a population of 200,000 or more. The
3931 term does not include an individual who sells, gives, or otherwise
4032 transfers dogs or cats raised, bred, or both by the individual.
41- (6) "Qualified breeder" means a person that is
42- qualified to provide a dog or cat to a pet store under Section
43- 205.003(a).
4433 Sec. 205.002. SALE OF DOG OR CAT BY PET STORE. A pet store
4534 may not sell a dog or cat unless the pet store obtained the dog or
4635 cat from:
4736 (1) an animal control agency;
48- (2) an animal shelter;
49- (3) an animal rescue organization; or
50- (4) a qualified breeder.
51- Sec. 205.003. QUALIFICATIONS FOR BREEDERS; VERIFICATION BY
52- PET STORES. (a) Except as provided by Subsection (c), to qualify
53- to provide a dog or cat to a pet store for purposes of Section
54- 205.002(4), a person must:
55- (1) if the person is located in this state, be a dog or
56- cat breeder that holds a license under Chapter 802, Occupations
57- Code; or
58- (2) if the person is not located in this state:
59- (A) meet the standards for dog and cat breeders
60- adopted under Section 802.201, Occupations Code;
61- (B) hold the appropriate license or other permit
62- required for a breeder in the state in which the person is located,
63- if applicable; and
64- (C) hold the appropriate license issued, or be
65- exempt from licensing, by the United States Department of
66- Agriculture under the Animal Welfare Act (7 U.S.C. Section 2131 et
67- seq.).
68- (b) A pet store owner obtaining a dog or cat from a breeder
69- qualified under Subsection (a)(2) shall require that the breeder:
70- (1) certify or provide documentation to establish that
71- the breeder complies with the standards for dog and cat breeders
72- adopted under Section 802.201, Occupations Code, which may include:
73- (A) receipts for grooming and veterinary care;
74- and
75- (B) photographs of the exercise area showing
76- compliance with the standards;
77- (2) provide proof the breeder holds a license or other
78- permit issued by the state in which the breeder is located, if that
79- state requires the breeder to hold a license or other permit; and
80- (3) provide:
81- (A) proof of current licensure described by
82- Subsection (a)(2)(C) and the breeder's inspection reports issued by
83- the United States Department of Agriculture during the four years
84- before the date the dog or cat is obtained; or
85- (B) proof the breeder is exempt from that
86- licensure by the United States Department of Agriculture.
87- (c) A pet store may not obtain a dog or cat from a qualified
88- breeder if the breeder's inspection reports issued by the United
89- States Department of Agriculture during the preceding four years
90- contain any of the following violations of the Animal Welfare Act (7
91- U.S.C. Section 2131 et seq.):
92- (1) a direct or critical violation;
93- (2) an indirect no-access violation; or
94- (3) at least three indirect or non-critical violations
95- that are:
96- (A) related to the health and welfare of an
97- animal;
98- (B) not administrative in nature; and
99- (C) not violations described by Subdivision (2).
100- Sec. 205.004. MAINTENANCE OF RECORDS. (a) A pet store
37+ (2) an animal shelter; or
38+ (3) an animal rescue organization.
39+ Sec. 205.003. MAINTENANCE OF RECORDS. (a) A pet store
10140 shall maintain a record documenting from which animal control
102- agency, animal shelter, animal rescue organization, or qualified
103- breeder the pet store obtained each dog or cat in the possession of
104- the pet store for not less than one year following the date the pet
105- store takes possession of the dog or cat.
106- (b) A pet store shall maintain records provided by a
107- qualified breeder under Section 205.003 for not less than one year
108- following the date the pet store takes possession of a dog or cat
109- from that qualified breeder.
110- (c) A pet store shall make the records maintained under this
41+ agency, animal shelter, or animal rescue organization the pet store
42+ obtained each dog or cat in the possession of the pet store for not
43+ less than one year following the date the pet store takes possession
44+ of the dog or cat.
45+ (b) A pet store shall make the records maintained under this
11146 section reasonably available for inspection by an animal control
112- agency or other governmental entity.
113- Sec. 205.005. PUBLIC POSTING. A pet store shall post in a
47+ agency, animal shelter, or animal rescue organization from which
48+ the pet store has received a dog or cat during the preceding 12
49+ months.
50+ Sec. 205.004. PUBLIC POSTING. A pet store shall post in a
11451 conspicuous location affixed to the enclosure of each dog or cat
11552 available for sale the name of the animal control agency, animal
116- shelter, animal rescue organization, or qualified breeder from
117- which the pet store obtained the dog or cat.
118- Sec. 205.006. CIVIL PENALTY. A pet store that violates
53+ shelter, or animal rescue organization from which the pet store
54+ obtained the dog or cat.
55+ Sec. 205.005. CIVIL PENALTY. A pet store that violates
11956 Section 205.002 is liable to this state for a civil penalty in an
12057 amount not to exceed $500 for each dog or cat sold in violation of
12158 that section. The attorney general may bring an action to collect
12259 the civil penalty imposed under this section.
12360 SECTION 2. The change in law made by this Act applies only
12461 to a dog or cat obtained by a pet store on or after the effective
12562 date of this Act. A dog or cat obtained by a pet store before the
12663 effective date of this Act is governed by the law in effect on the
12764 date the dog or cat was obtained, and the former law is continued in
12865 effect for that purpose.
12966 SECTION 3. This Act takes effect September 1, 2021.
130- * * * * *