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AN ACT
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relating to the licensing and regulation of dog and cat breeders; |
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expanding the applicability of an occupational license. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 802.002(8), Occupations Code, is amended |
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to read as follows: |
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(8) "Dog or cat breeder" means a person who possesses |
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five [11] or more adult intact female animals and is engaged in the |
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business of breeding those animals for direct or indirect sale or |
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for exchange in return for consideration [and who sells or |
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exchanges, or offers to sell or exchange, not fewer than 20 animals |
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in a calendar year]. |
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SECTION 2. Sections 802.005(a) and (b), Occupations Code, |
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are amended to read as follows: |
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(a) This section applies only to a dog bred with the intent |
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that it be used primarily for: |
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(1) herding livestock, as defined by Section 1.003, |
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Agriculture Code, or other agricultural uses; |
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(2) hunting, including tracking, chasing, pointing, |
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flushing, or retrieving game; or |
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(3) competing in field trials, hunting tests, breed or |
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conformation shows, or similar organized performance events. |
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(b) This chapter does not apply to a person to the extent the |
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person breeds dogs described by Subsection (a) for a [personal] use |
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described by Subsection (a). A person described by this subsection |
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may conduct direct or indirect sales or exchanges in return for |
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consideration of dogs described by Subsection (a). |
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SECTION 3. As soon as practicable after the effective date |
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of this Act, the Texas Department of Licensing and Regulation shall |
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prescribe the forms and procedures necessary to implement the |
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changes in law made by this Act. |
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SECTION 4. Notwithstanding Section 802.002(8), Occupations |
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Code, as amended by this Act, a dog or cat breeder who possesses |
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five or more but fewer than 11 adult intact female animals and is |
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engaged in the business of breeding those animals for direct or |
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indirect sale or for exchange in return for consideration is not |
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required to hold a license under Chapter 802, Occupations Code, to |
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act as a dog or cat breeder before January 1, 2024. |
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SECTION 5. This Act takes effect September 1, 2023. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 876 passed the Senate on |
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April 24, 2023, by the following vote: Yeas 22, Nays 8; and that |
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the Senate concurred in House amendment on May 16, 2023, by the |
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following vote: Yeas 23, Nays 8. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 876 passed the House, with |
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amendment, on May 11, 2023, by the following vote: Yeas 119, |
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Nays 23, one present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |