88R9899 JES-F
By: Cain H.B. No. 3563
A BILL TO BE ENTITLED
AN ACT
relating to the source of dogs and cats sold by pet stores;
providing a civil penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 6, Business & Commerce Code, is amended by
adding Chapter 205 to read as follows:
CHAPTER 205. SALE OF DOGS AND CATS BY PET STORES
Sec. 205.001. DEFINITIONS. In this chapter:
(1) "Animal control agency" means a municipal or
county animal control office, or a state, county, or municipal law
enforcement agency, that collects, impounds, or keeps stray,
homeless, abandoned, or unwanted animals.
(2) "Animal rescue organization" means a nonprofit
private organization that is exempt from taxation under Section
501(a), Internal Revenue Code of 1986, as an organization described
by Section 501(c)(3) of that code, that accepts homeless or
unwanted dogs or cats with the purpose of finding permanent homes
for the dogs or cats, and that does not obtain dogs or cats from a
breeder or animal seller for compensation.
(3) "Animal shelter" means a facility that collects,
impounds, or keeps stray, homeless, abandoned, or unwanted dogs or
cats.
(4) "Dog or cat breeder" has the meaning assigned by
Section 802.002, Occupations Code.
(5) "Pet store" means a for-profit business that sells
dogs or cats in a county with a population of 200,000 or more. The
term does not include an individual who sells, gives, or otherwise
transfers dogs or cats raised, bred, or both by the individual.
(6) "Qualified breeder" means a person that is
qualified to provide a dog or cat to a pet store under Section
205.003(a).
Sec. 205.002. SALE OF DOG OR CAT BY PET STORE. A pet store
may not sell a dog or cat unless the pet store obtained the dog or
cat from:
(1) an animal control agency;
(2) an animal shelter;
(3) an animal rescue organization; or
(4) a qualified breeder.
Sec. 205.003. QUALIFICATIONS FOR BREEDERS; VERIFICATION BY
PET STORES. (a) Except as provided by Subsection (c), to qualify
to provide a dog or cat to a pet store for purposes of Section
205.002(4), a person must:
(1) if the person is located in this state, be a dog or
cat breeder that holds a license under Chapter 802, Occupations
Code; or
(2) if the person is not located in this state:
(A) meet the standards for dog and cat breeders
adopted under Section 802.201, Occupations Code;
(B) hold the appropriate license or other permit
required for a breeder in the state in which the person is located,
if applicable; and
(C) hold the appropriate license issued, or be
exempt from licensing, by the United States Department of
Agriculture under the Animal Welfare Act (7 U.S.C. Section 2131 et
seq.).
(b) A pet store owner obtaining a dog or cat from a breeder
qualified under Subsection (a)(2) shall require that the breeder:
(1) certify or provide documentation to establish that
the breeder complies with the standards for dog and cat breeders
adopted under Section 802.201, Occupations Code, which may include:
(A) receipts for grooming and veterinary care;
and
(B) photographs of the exercise area showing
compliance with the standards;
(2) provide proof the breeder holds a license or other
permit issued by the state in which the breeder is located, if that
state requires the breeder to hold a license or other permit; and
(3) provide:
(A) proof of current licensure described by
Subsection (a)(2)(C) and the breeder's inspection reports issued by
the United States Department of Agriculture during the four years
before the date the dog or cat is obtained; or
(B) proof the breeder is exempt from that
licensure by the United States Department of Agriculture.
(c) A pet store may not obtain a dog or cat from a qualified
breeder if the breeder's inspection reports issued by the United
States Department of Agriculture during the preceding four years
contain any of the following violations of the Animal Welfare Act (7
U.S.C. Section 2131 et seq.):
(1) a direct or critical violation;
(2) an indirect no-access violation; or
(3) at least three indirect or non-critical violations
that are:
(A) related to the health and welfare of an
animal;
(B) not administrative in nature; and
(C) not violations described by Subdivision (2).
Sec. 205.004. MAINTENANCE OF RECORDS. (a) A pet store
shall maintain a record documenting from which animal control
agency, animal shelter, animal rescue organization, or qualified
breeder the pet store obtained each dog or cat in the possession of
the pet store for not less than one year following the date the pet
store takes possession of the dog or cat.
(b) A pet store shall maintain records provided by a
qualified breeder under Section 205.003 for not less than one year
following the date the pet store takes possession of a dog or cat
from that qualified breeder.
(c) A pet store shall make the records maintained under this
section reasonably available for inspection by an animal control
agency or other governmental entity.
Sec. 205.005. PUBLIC POSTING. A pet store shall post in a
conspicuous location affixed to the enclosure of each dog or cat
available for sale the name of the animal control agency, animal
shelter, animal rescue organization, or qualified breeder from
which the pet store obtained the dog or cat.
Sec. 205.006. CIVIL PENALTY. A pet store that violates
Section 205.002 is liable to this state for a civil penalty in an
amount not to exceed $500 for each dog or cat sold in violation of
that section. The attorney general may bring an action to collect
the civil penalty imposed under this section.
SECTION 2. The change in law made by this Act applies only
to a dog or cat obtained by a pet store on or after the effective
date of this Act. A dog or cat obtained by a pet store before the
effective date of this Act is governed by the law in effect on the
date the dog or cat was obtained, and the former law is continued in
effect for that purpose.
SECTION 3. This Act takes effect September 1, 2023.