88R1339 JES-F
By: Patterson, Ordaz, Lalani H.B. No. 870
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 206 to read as follows:
CHAPTER 206. SALE OF DOGS AND CATS BY PET STORES
Sec. 206.001. 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) "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.
Sec. 206.002. 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; or
(3) an animal rescue organization.
Sec. 206.003. MAINTENANCE OF RECORDS. (a) A pet store
shall maintain a record documenting from which animal control
agency, animal shelter, or animal rescue organization 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 make the records maintained under this
section reasonably available for inspection by an animal control
agency, animal shelter, or animal rescue organization from which
the pet store has received a dog or cat during the preceding 12
months.
Sec. 206.004. 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, or animal rescue organization from which the pet store
obtained the dog or cat.
Sec. 206.005. CIVIL PENALTY. A pet store that violates
Section 206.002 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.