| 1 | 1 | | 88R22795 DIO-D |
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| 2 | 2 | | By: Buckley, Patterson, Lalani, et al. H.B. No. 2238 |
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| 3 | 3 | | Substitute the following for H.B. No. 2238: |
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| 4 | 4 | | By: King of Hemphill C.S.H.B. No. 2238 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the licensing and regulation of dog and cat breeders; |
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| 10 | 10 | | expanding the applicability of an occupational license. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 802.002(8), Occupations Code, is amended |
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| 13 | 13 | | to read as follows: |
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| 14 | 14 | | (8) "Dog or cat breeder" means a person who possesses |
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| 15 | 15 | | five [11] or more adult intact female animals and is engaged in the |
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| 16 | 16 | | business of breeding those animals for direct or indirect sale or |
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| 17 | 17 | | for exchange in return for consideration [and who sells or |
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| 18 | 18 | | exchanges, or offers to sell or exchange, not fewer than 20 animals |
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| 19 | 19 | | in a calendar year]. |
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| 20 | 20 | | SECTION 2. Sections 802.005(a) and (b), Occupations Code, |
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| 21 | 21 | | are amended to read as follows: |
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| 22 | 22 | | (a) This section applies only to a dog bred with the intent |
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| 23 | 23 | | that it be used primarily for: |
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| 24 | 24 | | (1) herding livestock, as defined by Section 1.003, |
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| 25 | 25 | | Agriculture Code, or other agricultural uses; |
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| 26 | 26 | | (2) hunting, including tracking, chasing, pointing, |
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| 27 | 27 | | flushing, or retrieving game; or |
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| 28 | 28 | | (3) competing in field trials, hunting tests, breed or |
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| 29 | 29 | | conformation shows, or similar organized performance events. |
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| 30 | 30 | | (b) This chapter does not apply to a person to the extent the |
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| 31 | 31 | | person breeds dogs described by Subsection (a) for personal, |
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| 32 | 32 | | noncommercial use. A person described by this subsection may |
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| 33 | 33 | | conduct direct or indirect sales or exchanges in return for |
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| 34 | 34 | | consideration of dogs described by Subsection (a). |
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| 35 | 35 | | SECTION 3. As soon as practicable after the effective date |
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| 36 | 36 | | of this Act, the Texas Department of Licensing and Regulation shall |
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| 37 | 37 | | prescribe the forms and procedures necessary to implement the |
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| 38 | 38 | | changes in law made by this Act. |
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| 39 | 39 | | SECTION 4. Notwithstanding Section 802.002(8), Occupations |
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| 40 | 40 | | Code, as amended by this Act, a dog or cat breeder who possesses |
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| 41 | 41 | | five or more but fewer than 11 adult intact female animals and is |
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| 42 | 42 | | engaged in the business of breeding those animals for direct or |
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| 43 | 43 | | indirect sale or for exchange in return for consideration is not |
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| 44 | 44 | | required to hold a license under Chapter 802, Occupations Code, to |
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| 45 | 45 | | act as a dog or cat breeder before January 1, 2024. |
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| 46 | 46 | | SECTION 5. This Act takes effect September 1, 2023. |
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