Texas 2023 - 88th Regular

Texas Senate Bill SB1989 Compare Versions

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1	1	88R1339 JES-F
2	2	By: Whitmire S.B. No. 1989
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the source of dogs and cats sold by pet stores;
8	8	providing a civil penalty.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Title 6, Business & Commerce Code, is amended by
11	11	adding Chapter 206 to read as follows:
12	12	CHAPTER 206. SALE OF DOGS AND CATS BY PET STORES
13	13	Sec. 206.001. DEFINITIONS. In this chapter:
14	14	(1) "Animal control agency" means a municipal or
15	15	county animal control office, or a state, county, or municipal law
16	16	enforcement agency, that collects, impounds, or keeps stray,
17	17	homeless, abandoned, or unwanted animals.
18	18	(2) "Animal rescue organization" means a nonprofit
19	19	private organization that is exempt from taxation under Section
20	20	501(a), Internal Revenue Code of 1986, as an organization described
21	21	by Section 501(c)(3) of that code, that accepts homeless or
22	22	unwanted dogs or cats with the purpose of finding permanent homes
23	23	for the dogs or cats, and that does not obtain dogs or cats from a
24	24	breeder or animal seller for compensation.
25	25	(3) "Animal shelter" means a facility that collects,
26	26	impounds, or keeps stray, homeless, abandoned, or unwanted dogs or
27	27	cats.
28	28	(4) "Pet store" means a for-profit business that sells
29	29	dogs or cats in a county with a population of 200,000 or more. The
30	30	term does not include an individual who sells, gives, or otherwise
31	31	transfers dogs or cats raised, bred, or both by the individual.
32	32	Sec. 206.002. SALE OF DOG OR CAT BY PET STORE. A pet store
33	33	may not sell a dog or cat unless the pet store obtained the dog or
34	34	cat from:
35	35	(1) an animal control agency;
36	36	(2) an animal shelter; or
37	37	(3) an animal rescue organization.
38	38	Sec. 206.003. MAINTENANCE OF RECORDS. (a) A pet store
39	39	shall maintain a record documenting from which animal control
40	40	agency, animal shelter, or animal rescue organization the pet store
41	41	obtained each dog or cat in the possession of the pet store for not
42	42	less than one year following the date the pet store takes possession
43	43	of the dog or cat.
44	44	(b) A pet store shall make the records maintained under this
45	45	section reasonably available for inspection by an animal control
46	46	agency, animal shelter, or animal rescue organization from which
47	47	the pet store has received a dog or cat during the preceding 12
48	48	months.
49	49	Sec. 206.004. PUBLIC POSTING. A pet store shall post in a
50	50	conspicuous location affixed to the enclosure of each dog or cat
51	51	available for sale the name of the animal control agency, animal
52	52	shelter, or animal rescue organization from which the pet store
53	53	obtained the dog or cat.
54	54	Sec. 206.005. CIVIL PENALTY. A pet store that violates
55	55	Section 206.002 is liable to this state for a civil penalty in an
56	56	amount not to exceed $500 for each dog or cat sold in violation of
57	57	that section. The attorney general may bring an action to collect
58	58	the civil penalty imposed under this section.
59	59	SECTION 2. The change in law made by this Act applies only
60	60	to a dog or cat obtained by a pet store on or after the effective
61	61	date of this Act. A dog or cat obtained by a pet store before the
62	62	effective date of this Act is governed by the law in effect on the
63	63	date the dog or cat was obtained, and the former law is continued in
64	64	effect for that purpose.
65	65	SECTION 3. This Act takes effect September 1, 2023.