Texas 2025 - 89th Regular

Texas House Bill HB3458 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R9728 MLH-F
2	2	By: Patterson H.B. No. 3458
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the source of dogs and cats sold by pet stores;
10	10	providing a civil penalty.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Title 6, Business & Commerce Code, is amended by
13	13	adding Chapter 206 to read as follows:
14	14	CHAPTER 206. PROHIBITION ON SALE OF DOGS AND CATS BY PET STORES
15	15	Sec. 206.001. DEFINITION. In this chapter, "pet store"
16	16	means a retail establishment that sells, offers to sell, or
17	17	facilitates the sale of animals not bred by the retail
18	18	establishment. The term does not include an individual who sells,
19	19	offers to sell, gives, or otherwise transfers dogs or cats raised or
20	20	bred, or both raised and bred, by the individual.
21	21	Sec. 206.002. PROHIBITION ON SALE OR OFFER FOR SALE OF DOG
22	22	OR CAT BY PET STORE. (a) Except as otherwise provided by this
23	23	section, a pet store may not sell a dog or cat.
24	24	(b) A pet store may provide space for the following entities
25	25	to showcase dogs or cats owned by the entities for the purpose of
26	26	adoption:
27	27	(1) an animal control agency, as that term is defined
28	28	by Section 92.001, Civil Practice and Remedies Code, or another
29	29	facility operated under contract with a governmental entity for the
30	30	purpose of collecting, impounding, or keeping stray, homeless,
31	31	abandoned, or unwanted dogs and cats that does not:
32	32	(A) obtain dogs or cats for compensation; or
33	33	(B) resell dogs or cats; or
34	34	(2) a nonprofit private organization that is exempt
35	35	from taxation under Section 501(a), Internal Revenue Code of 1986,
36	36	as an organization described by Section 501(c)(3) of that code,
37	37	that accepts homeless or unwanted dogs or cats with the purpose of
38	38	finding permanent homes for the dogs or cats, including an
39	39	organization that does not operate out of its own building but
40	40	houses dogs and cats in foster homes, and that:
41	41	(A) does not breed dogs or cats;
42	42	(B) does not obtain dogs or cats for
43	43	compensation;
44	44	(C) is not located on the same premises as a
45	45	breeder or animal broker; and
46	46	(D) does not maintain any employee, volunteer, or
47	47	other personnel who is also an employee, volunteer, or other
48	48	personnel for a breeder or animal broker.
49	49	(c) A pet store that provides a space for an entity
50	50	described by Subsection (b) to showcase dogs or cats owned by the
51	51	entity for the purpose of adoption or purchase may not:
52	52	(1) have an ownership interest in the dogs or cats
53	53	offered for adoption; or
54	54	(2) receive a fee for providing a space for the
55	55	showcase.
56	56	Sec. 206.003. CIVIL PENALTY; INJUNCTION. (a) A pet store
57	57	that violates Section 206.002 is liable to this state for a civil
58	58	penalty in an amount not to exceed $500 per day for each dog or cat
59	59	sold or offered for sale in violation of that section.
60	60	(b) The attorney general may bring an action to:
61	61	(1) collect the civil penalty imposed under this
62	62	section; or
63	63	(2) obtain a temporary or permanent injunction to
64	64	restrain the violation.
65	65	SECTION 2. The change in law made by this Act applies only
66	66	to a dog or cat obtained by a pet store on or after the effective
67	67	date of this Act. A dog or cat obtained by a pet store before the
68	68	effective date of this Act is governed by the law in effect on the
69	69	date the dog or cat was obtained, and the former law is continued in
70	70	effect for that purpose.
71	71	SECTION 3. This Act takes effect September 1, 2025.