Texas 2023 - 88th Regular

Texas Senate Bill SB876 Latest Draft

Bill / Enrolled Version Filed 05/16/2023

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                            S.B. No. 876


 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 a [personal] use
 described by Subsection (a). 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.
 ______________________________ ______________________________
 President of the Senate Speaker of the House
 I hereby certify that S.B. No. 876 passed the Senate on
 April 24, 2023, by the following vote: Yeas 22, Nays 8; and that
 the Senate concurred in House amendment on May 16, 2023, by the
 following vote: Yeas 23, Nays 8.
 ______________________________
 Secretary of the Senate
 I hereby certify that S.B. No. 876 passed the House, with
 amendment, on May 11, 2023, by the following vote: Yeas 119,
 Nays 23, one present not voting.
 ______________________________
 Chief Clerk of the House
 Approved:
 ______________________________
 Date
 ______________________________
 Governor