By: Flores, et al. S.B. No. 876
A BILL TO BE ENTITLED
AN ACT
relating to the licensing and regulation of dog and cat breeders;
expanding the applicability of an occupational license.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 802.002(8), Occupations Code, is amended
to read as follows:
(8) "Dog or cat breeder" means a person who possesses
five [11] or more adult intact female animals and is engaged in the
business of breeding those animals for direct or indirect sale or
for exchange in return for consideration [and who sells or
exchanges, or offers to sell or exchange, not fewer than 20 animals
in a calendar year].
SECTION 2. Sections 802.005(a) and (b), Occupations Code,
are amended to read as follows:
(a) This section applies only to a dog bred with the intent
that it be used primarily for:
(1) herding livestock, as defined by Section 1.003,
Agriculture Code, or other agricultural uses;
(2) hunting, including tracking, chasing, pointing,
flushing, or retrieving game; or
(3) competing in field trials, hunting tests, breed or
conformation shows, or similar organized performance events.
(b) This chapter does not apply to a person to the extent the
person breeds dogs described by Subsection (a) for personal and
noncommercial use. A person described by this subsection may
conduct direct or indirect sales or exchanges in return for
consideration of dogs described by Subsection (a).
SECTION 3. As soon as practicable after the effective date
of this Act, the Texas Department of Licensing and Regulation shall
prescribe the forms and procedures necessary to implement the
changes in law made by this Act.
SECTION 4. Notwithstanding Section 802.002(8), Occupations
Code, as amended by this Act, a dog or cat breeder who possesses
five or more but fewer than 11 adult intact female animals and is
engaged in the business of breeding those animals for direct or
indirect sale or for exchange in return for consideration is not
required to hold a license under Chapter 802, Occupations Code, to
act as a dog or cat breeder before January 1, 2024.
SECTION 5. This Act takes effect September 1, 2023.