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A BILL TO BE ENTITLED
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AN ACT
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relating to the source of dogs and cats sold by pet stores; |
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providing a civil penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 6, Business & Commerce Code, is amended by |
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adding Chapter 205 to read as follows: |
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CHAPTER 205. SALE OF DOGS AND CATS BY PET STORES |
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Sec. 205.001. DEFINITIONS. In this chapter: |
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(1) "Animal control agency" means a municipal or |
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county animal control office, or a state, county, or municipal law |
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enforcement agency, that collects, impounds, or keeps stray, |
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homeless, abandoned, or unwanted animals. |
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(2) "Animal rescue organization" means a nonprofit |
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private organization that is exempt from taxation under Section |
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501(a), Internal Revenue Code of 1986, as an organization described |
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by Section 501(c)(3) of that code, that accepts homeless or |
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unwanted dogs or cats with the purpose of finding permanent homes |
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for the dogs or cats, and that does not obtain dogs or cats from a |
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breeder or animal seller for compensation. |
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(3) "Animal shelter" means a facility that collects, |
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impounds, or keeps stray, homeless, abandoned, or unwanted dogs or |
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cats. |
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(4) "Dog or cat breeder" has the meaning assigned by |
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Section 802.002, Occupations Code. |
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(5) "Pet store" means a for-profit business that sells |
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dogs or cats in a county with a population of 200,000 or more. The |
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term does not include an individual who sells, gives, or otherwise |
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transfers dogs or cats raised, bred, or both by the individual. |
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(6) "Qualified breeder" means a person that is |
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qualified to provide a dog or cat to a pet store under Section |
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205.003(a). |
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Sec. 205.002. SALE OF DOG OR CAT BY PET STORE. A pet store |
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may not sell a dog or cat unless the pet store obtained the dog or |
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cat from: |
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(1) an animal control agency; |
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(2) an animal shelter; |
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(3) an animal rescue organization; or |
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(4) a qualified breeder. |
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Sec. 205.003. QUALIFICATIONS FOR BREEDERS; VERIFICATION BY |
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PET STORES. (a) Except as provided by Subsection (c), to qualify |
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to provide a dog or cat to a pet store for purposes of Section |
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205.002(4), a person must: |
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(1) if the person is located in this state, be a dog or |
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cat breeder that holds a license under Chapter 802, Occupations |
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Code; or |
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(2) if the person is not located in this state: |
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(A) meet the standards for dog and cat breeders |
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adopted under Section 802.201, Occupations Code; |
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(B) hold the appropriate license or other permit |
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required for a breeder in the state in which the person is located, |
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if applicable; and |
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(C) hold the appropriate license issued, or be |
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exempt from licensing, by the United States Department of |
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Agriculture under the Animal Welfare Act (7 U.S.C. Section 2131 et |
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seq.). |
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(b) A pet store owner obtaining a dog or cat from a breeder |
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qualified under Subsection (a)(2) shall require that the breeder: |
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(1) certify or provide documentation to establish that |
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the breeder complies with the standards for dog and cat breeders |
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adopted under Section 802.201, Occupations Code, which may include: |
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(A) receipts for grooming and veterinary care; |
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and |
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(B) photographs of the exercise area showing |
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compliance with the standards; |
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(2) provide proof the breeder holds a license or other |
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permit issued by the state in which the breeder is located, if that |
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state requires the breeder to hold a license or other permit; and |
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(3) provide: |
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(A) proof of current licensure described by |
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Subsection (a)(2)(C) and the breeder's inspection reports issued by |
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the United States Department of Agriculture during the four years |
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before the date the dog or cat is obtained; or |
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(B) proof the breeder is exempt from that |
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licensure by the United States Department of Agriculture. |
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(c) A pet store may not obtain a dog or cat from a qualified |
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breeder if the breeder's inspection reports issued by the United |
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States Department of Agriculture during the preceding four years |
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contain any of the following violations of the Animal Welfare Act (7 |
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U.S.C. Section 2131 et seq.): |
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(1) a direct or critical violation; |
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(2) an indirect no-access violation; or |
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(3) at least three indirect or non-critical violations |
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that are: |
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(A) related to the health and welfare of an |
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animal; |
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(B) not administrative in nature; and |
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(C) not violations described by Subdivision (2). |
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Sec. 205.004. MAINTENANCE OF RECORDS. (a) A pet store |
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shall maintain a record documenting from which animal control |
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agency, animal shelter, animal rescue organization, or qualified |
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breeder the pet store obtained each dog or cat in the possession of |
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the pet store for not less than one year following the date the pet |
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store takes possession of the dog or cat. |
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(b) A pet store shall maintain records provided by a |
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qualified breeder under Section 205.003 for not less than one year |
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following the date the pet store takes possession of a dog or cat |
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from that qualified breeder. |
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(c) A pet store shall make the records maintained under this |
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section reasonably available for inspection by an animal control |
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agency or other governmental entity. |
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Sec. 205.005. PUBLIC POSTING. A pet store shall post in a |
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conspicuous location affixed to the enclosure of each dog or cat |
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available for sale the name of the animal control agency, animal |
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shelter, animal rescue organization, or qualified breeder from |
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which the pet store obtained the dog or cat. |
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Sec. 205.006. CIVIL PENALTY. A pet store that violates |
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Section 205.002 is liable to this state for a civil penalty in an |
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amount not to exceed $500 for each dog or cat sold in violation of |
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that section. The attorney general may bring an action to collect |
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the civil penalty imposed under this section. |
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SECTION 2. The change in law made by this Act applies only |
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to a dog or cat obtained by a pet store on or after the effective |
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date of this Act. A dog or cat obtained by a pet store before the |
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effective date of this Act is governed by the law in effect on the |
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date the dog or cat was obtained, and the former law is continued in |
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effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2021. |
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