Amend CSHB 2310 (Senate committee printing) by adding the
following appropriately numbered SECTIONS to the bill and
renumbering remaining SECTIONS of the bill accordingly:
SECTION ___. The heading to Title 4, Occupations Code, is
amended to read as follows:
TITLE 4. PROFESSIONS RELATED TO ANIMALS [ANIMAL HEALTH]
SECTION ___. Title 4, Occupations Code, is amended by
adding Chapter 802 to read as follows:
CHAPTER 802. COMMERCIAL DOG AND CAT BREEDERS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 802.001. SHORT TITLE. This chapter may be cited as the
Commercial Dog and Cat Breeders Act.
Sec. 802.002. DEFINITIONS. In this chapter:
(1) "Adult animal" means an animal six months of age or
older.
(2) "Advisory committee" means the Dog and Cat
Breeders Advisory Committee.
(3) "Animal" means a dog or a cat.
(4) "Cat" means a mammal that is wholly or partly of
the species Felis domesticus.
(5) "Commercial breeder" means a person who possesses
11 or more adult intact female animals and is engaged in the
business of breeding animals for direct or indirect sale or for
exchange in return for consideration.
(6) "Commission" means the Texas Commission of
Licensing and Regulation.
(7) "Controlling person" means an individual who:
(A) is a partner, manager, director, officer, or
member of a commercial breeder;
(B) possesses the authority to set policy or
direct management of a commercial breeder; or
(C) possesses a direct or indirect control of 25
percent or more of a commercial breeder.
(8) "Department" means the Texas Department of
Licensing and Regulation.
(9) "Dog" means a mammal that is wholly or partly of
the species Canis familiaris.
(10) "Executive director" means the executive
director of the department.
(11) "Facility" means the premises used by a
commercial breeder for keeping or breeding animals. The term
includes all buildings, property, and confinement areas used to
conduct the commercial breeding business.
(12) "Family member" means a person's parent, spouse,
child, or sibling.
(13) "Humane society" means a nonprofit organization
exempt from federal taxation under Section 501(c)(3), Internal
Revenue Code of 1986, that has as the organization's purpose the
prevention of animal cruelty or the sheltering of, caring for, and
providing of homes for lost, stray, and abandoned animals.
(14) "Intact female animal" means a female animal that
has not been spayed and is capable of sexual reproduction.
(15) "Kitten" means a cat less than six months old.
(16) "Local animal control authority" means a
municipal or county animal control office with authority over the
premises in which an animal is kept or, in an area that does not have
an animal control office, the county sheriff.
(17) "Possess" means to have custody of or control
over.
(18) "Puppy" means a dog less than six months old.
(19) "Registered breeder inspector" means an
individual certified by the department to conduct investigations
and inspections under this chapter.
(20) "Veterinarian" means a veterinarian in good
standing and licensed to practice veterinary medicine in this state
or another state.
Sec. 802.003. APPLICABILITY OF CHAPTER. (a) This chapter
does not affect the applicability of any other law, rule, order,
ordinance, or other legal requirement of the federal government,
this state, or a political subdivision of this state.
(b) This chapter does not prevent a municipality or county
from prohibiting or further regulating by order or ordinance the
possession, breeding, or selling of dogs or cats.
(c) This chapter does not apply to an animal regulated under
the Texas Racing Act (Article 179e, Vernon's Texas Civil Statutes).
[Sections 802.004-802.050 reserved for expansion]
SUBCHAPTER B. POWERS AND DUTIES OF COMMISSION AND DEPARTMENT
Sec. 802.051. GENERAL POWERS AND DUTIES; RULES. (a) The
department shall administer this chapter.
(b) The commission shall adopt the rules necessary to
enforce and administer this chapter, including rules to:
(1) establish qualifications required for licensing
under this chapter; and
(2) establish qualifications and training for
registered breeder inspectors.
Sec. 802.052. FEES. The commission shall establish
reasonable and necessary fees in amounts sufficient to cover the
costs of administering this chapter.
Sec. 802.053. PERSONNEL. The department may employ
personnel necessary to carry out the functions and duties of the
department under this chapter.
Sec. 802.054. EXPENSES. The department may authorize
disbursements necessary to implement this chapter, including
disbursements for office expenses, equipment costs, and other
necessary facilities.
Sec. 802.055. CRIMINAL BACKGROUND CHECKS. (a) The
department shall conduct a criminal background check on each
applicant who submits an application for a license under this
chapter and on any controlling person of the applicant. The
department may examine any criminal conviction, guilty plea, or
deferred adjudication of an applicant for issuance or renewal of a
license, including by obtaining any criminal history or record
permitted by law.
(b) An applicant is not eligible for a license under this
chapter if the applicant or any controlling person of the applicant
has been convicted or received deferred adjudication for animal
cruelty.
Sec. 802.056. INSURANCE REQUIREMENTS. The department may
set insurance requirements for a license holder under this chapter.
Sec. 802.057. DIRECTORY. The department shall maintain a
directory of commercial breeders licensed under this chapter.
Sec. 802.058. CONTRACTS FOR ENFORCEMENT. The department
may contract with another state agency, a political subdivision of
this state, a local animal control authority, or a registered
breeder inspector to enforce this chapter and rules adopted under
this chapter.
Sec. 802.059. INSPECTIONS AND INVESTIGATIONS. (a) The
department at least annually shall inspect each facility of a
licensed commercial breeder. The inspection must be conducted
during the facility's normal business hours and the commercial
breeder or a representative of the commercial breeder may be
present during the inspection. The department is not required to
provide advance notice to the commercial breeder before arriving at
the facility, but must contact the commercial breeder or
representative on arrival at the facility and before proceeding
with the inspection.
(b) The inspector shall submit an inspection report to the
department not later than the 10th day after the date of the
inspection on a form prescribed by the department and provide a copy
of the report to the commercial breeder or the representative.
(c) The department may contract with another state agency, a
local animal control authority, or a registered breeder inspector
to conduct or assist in an inspection or investigation. The
commission may adopt rules to establish methods by which another
state agency, a local animal control authority, or a registered
breeder inspector may conduct or assist in an inspection or
investigation on behalf of the department.
(d) The department, a local animal control authority, or a
registered breeder inspector may access the facility of a
commercial breeder whose license has been suspended, revoked, or
denied to verify that the facility is not operating as a commercial
breeding facility.
(e) On receipt of a written complaint alleging a violation
of this chapter, the department, a local animal control authority,
a trained peace officer, or a registered breeder inspector
designated by the department shall investigate the alleged
violation.
Sec. 802.060. CONSUMER INTEREST INFORMATION. (a) The
department shall prepare information of consumer interest
describing:
(1) the functions performed by the department under
this chapter; and
(2) the rights of a consumer affected by this chapter.
(b) The information must describe the procedure by which a
consumer complaint is filed with and resolved by the department.
(c) The department shall make the information available to
the public.
[Sections 802.061-802.100 reserved for expansion]
SUBCHAPTER C. DOG AND CAT BREEDERS ADVISORY COMMITTEE
Sec. 802.101. ADVISORY COMMITTEE MEMBERSHIP. The Dog and
Cat Breeders Advisory Committee consists of seven members appointed
by the presiding officer of the commission with the approval of the
commission as follows:
(1) two members who represent the public;
(2) one member who represents the interests of
commercial breeders;
(3) one member who is a licensed veterinarian whose
primary practice consists of the treatment of dogs and cats;
(4) one member who represents the American Kennel
Club;
(5) one member who represents a humane society or an
association of humane societies; and
(6) one member who represents the interests of animal
control authorities in this state.
Sec. 802.102. TERMS; VACANCY. (a) Appointed advisory
committee members serve staggered four-year terms. The terms of
three or four appointed members expire on February 1 of each
odd-numbered year.
(b) If a vacancy occurs during an appointed member's term,
the vacancy shall be filled for the remainder of the unexpired term
in the manner provided by Section 802.101.
Sec. 802.103. PRESIDING OFFICER. The presiding officer of
the commission shall designate one member of the advisory committee
to serve as presiding officer of the advisory committee for a
two-year term.
Sec. 802.104. COMPENSATION; REIMBURSEMENT. An advisory
committee member serves without compensation but is entitled to
reimbursement for actual and necessary expenses incurred in
performing functions as an advisory committee member, subject to
any applicable limitation on reimbursement provided by the General
Appropriations Act and the department's budget.
Sec. 802.105. MEETINGS. The advisory committee shall meet
at least once annually and may meet at other times at the call of the
presiding officer of the commission or the executive director.
Sec. 802.106. ADVISORY COMMITTEE DUTIES. (a) The advisory
committee shall advise the commission in adopting rules and in
administering and enforcing this chapter.
(b) The advisory committee shall advise the commission in
setting fees under this chapter.
Sec. 802.107. VOTE REQUIRED FOR ACTION. A decision of the
advisory committee is not effective unless it receives the
affirmative vote of at least a majority of the members present.
Sec. 802.108. APPLICABILITY OF OTHER LAW. Chapter 2110,
Government Code, does not apply to the advisory committee.
[Sections 802.109-802.150 reserved for expansion]
SUBCHAPTER D. LICENSING OF COMMERCIAL BREEDERS
Sec. 802.151. LICENSE REQUIRED; QUALIFICATIONS. (a) A
person may not act, offer to act, or hold the person out as a
commercial breeder in this state unless the person holds a
commercial breeder license under this subchapter for each facility
that the person owns or operates in this state.
(b) A commercial breeder license for a single facility may
cover more than one building on the same premises.
(c) The commission may adopt educational or training
qualifications required for issuance or renewal of a license under
this subchapter as necessary to protect the public health and
safety.
Sec. 802.152. APPLICATION. An applicant for a license
under this subchapter must:
(1) submit to the department a completed application
on a form prescribed by the department;
(2) submit to the department any other information
regarding the applicant's facilities and operations as required by
rule;
(3) demonstrate to the satisfaction of the department
the qualifications required by this chapter and rules adopted under
this chapter; and
(4) pay the application fee.
Sec. 802.153. INITIAL PRELICENSE INSPECTION. (a) The
department shall inspect a facility before an initial commercial
breeder license is issued for that facility.
(b) The department may contract with a local animal control
authority or a registered breeder inspector to conduct or assist in
an initial prelicense inspection.
(c) The department may not issue a commercial breeder
license until the department receives an initial prelicense
inspection report from the inspector in a format approved by the
department certifying that the facility meets the requirements of
this chapter and rules adopted under this chapter.
(d) Before the initial prelicense inspection may be
conducted, each applicant shall pay to the department a
nonrefundable inspection fee.
Sec. 802.154. ISSUANCE. The department shall issue a
commercial breeder license to each commercial breeder who:
(1) meets the requirements of this chapter and rules
adopted under this chapter;
(2) applies to the department on the form prescribed
by the department; and
(3) pays the required fee.
Sec. 802.155. TERM. A license issued under this subchapter
is valid until the first anniversary of the date of issuance and is
nontransferable. The department shall include the expiration date
on each license issued under this subchapter.
Sec. 802.156. LICENSE DENIAL. The department may deny a
license to an applicant who:
(1) fails to meet the standards of care adopted by the
commission under Subchapter F;
(2) has been convicted of or received deferred
adjudication for cruelty to animals under the laws of this state or
any other jurisdiction or, for an applicant that is a partnership,
corporation, or limited liability company, has a controlling person
who has been convicted of or received deferred adjudication for
cruelty to animals under the laws of this state or any other
jurisdiction;
(3) has had a similar license by a federal, state, or
local authority denied, revoked, or suspended;
(4) has falsified any material information requested
by the department; or
(5) was an owner or controlling person of a commercial
breeder whose license was revoked or suspended and was responsible
for or participated in the violation that resulted in a revocation
or suspension that is still in effect.
Sec. 802.157. LICENSE RENEWAL. (a) A license holder may
renew the person's license by:
(1) submitting a renewal application to the department
on the form prescribed by the department;
(2) complying with any other renewal requirements
adopted by the department; and
(3) paying the required fee.
(b) A person whose license has expired may not engage in
activities that require a license until the license has been
renewed.
(c) Not later than the 60th day before the expiration of the
person's license, the department shall send written notice of the
impending license expiration to the person at the person's last
known address according to the records of the department.
[Sections 802.158-802.200 reserved for expansion]
SUBCHAPTER E. PRACTICE BY LICENSE HOLDER
Sec. 802.201. DISPLAY OF LICENSE; INCLUSION OF LICENSE
NUMBER AND DEPARTMENT INFORMATION. A commercial breeder shall:
(1) prominently display a copy of the commercial
breeder license at the breeder's facility;
(2) include the commercial breeder's license number in
each advertisement for the sale or transfer of an animal by the
commercial breeder; and
(3) include in each contract for the sale or transfer
of an animal by the commercial breeder:
(A) the commercial breeder's license number; and
(B) the following statement: "Commercial
breeders are regulated by the Texas Department of Licensing and
Regulation, P.O. Box 12157, Austin, Texas 78711, 1-800-803-9202,
512-463-6599" or a similar statement adopted by commission rule
that includes the department's name, address, and phone numbers.
Sec. 802.202. CHANGE IN LICENSE INFORMATION. A commercial
breeder shall notify the department in a manner prescribed by the
commission not later than the 10th day after the date any change
occurs in the address, name, management, substantial control, or
ownership of the business or operation.
Sec. 802.203. ANNUAL REPORT. (a) Not later than February 1
of each year, a commercial breeder shall submit to the department an
annual report on a form and in the manner prescribed by the
department.
(b) The commercial breeder shall keep a copy of the annual
report at the commercial breeder's facility and, on request, make
the report available to the department, a local animal control
authority, or a registered breeder inspector designated by the
department.
(c) A license holder that has more than one facility must
keep separate records and file a separate report for each facility.
Sec. 802.204. LIMIT ON NUMBER OF INTACT ANIMALS. A
commercial breeder may not possess more than 50 adult intact female
animals in a facility at any time.
[Sections 802.205-802.250 reserved for expansion]
SUBCHAPTER F. STANDARDS OF CARE AND CONFINEMENT
Sec. 802.251. ADOPTION OF STANDARDS. The commission, in
accordance with this subchapter and with the advice of the advisory
committee, shall adopt rules for the proper feeding, watering,
housing, care, including veterinary care, grooming, treatment,
transportation, and disposition of dogs and cats by a commercial
breeder to ensure the overall health and welfare of each animal in
the commercial breeder's facility.
Sec. 802.252. ADDITIONAL STANDARDS. The commission may
establish any additional standards considered necessary to protect
the public health and the welfare of animals covered under this
chapter.
Sec. 802.253. CONSIDERATION OF ANIMAL HEALTH AND WELFARE
STANDARDS. In adopting standards under this subchapter, the
commission shall consider relevant state, federal, and nationally
recognized standards for animal health and welfare.
[Sections 802.254-802.300 reserved for expansion]
SUBCHAPTER G. ENFORCEMENT
Sec. 802.301. DISCIPLINARY ACTION. A person is subject to
disciplinary action under Subchapter G, Chapter 51, if the person
violates this chapter or a rule adopted under this chapter.
Sec. 802.302. SUSPENSION AND REVOCATION OF LICENSE; REFUSAL
TO RENEW LICENSE. (a) The department may suspend, revoke, or
refuse to renew a license for:
(1) a violation of this chapter or a rule adopted under
this chapter;
(2) failure to comply with an order of the commission
or the executive director;
(3) failure to pay a civil penalty under this chapter;
(4) failure to meet a standard of care adopted by the
commission under Subchapter F;
(5) failure to comply with any corrective action
required under an inspection report in the time provided by the
report;
(6) falsification of information requested by the
department;
(7) the denial, revocation, or suspension of a similar
license by another federal, state, or local authority; or
(8) conviction or deferred adjudication for animal
cruelty under the laws of this state or any other jurisdiction by a
commercial breeder or any controlling person.
(b) A person whose commercial breeder license is revoked may
not reapply for a commercial breeder license before the first
anniversary of the date of revocation. The department shall
permanently revoke a commercial breeder license if the basis for
the revocation was a conviction or deferred adjudication for animal
cruelty.
Sec. 802.303. ADMINISTRATIVE SANCTIONS; ADMINISTRATIVE
PROCEDURE. (a) The commission shall revoke, suspend, or refuse to
renew a license or shall reprimand a license holder for a violation
of this chapter or a rule or order of the commission under this
chapter.
(b) The commission may place on probation a person whose
license is suspended. If a license suspension is probated, the
commission may require the person to report regularly to the
department on matters that are the basis of the probation.
(c) A respondent is entitled to a hearing conducted by the
State Office of Administrative Hearings if the department proposes
to deny, suspend, or revoke a license.
(d) A proceeding under this chapter to deny, suspend, or
revoke a license is a contested case under Chapter 2001, Government
Code.
Sec. 802.304. INJUNCTIVE RELIEF; CIVIL PENALTY. (a) The
attorney general or the executive director may institute an action
for injunctive relief to restrain a violation by and to collect a
civil penalty from a person that appears to be in violation of or
threatening to violate this chapter or a rule or order of the
commission or executive director under this chapter.
(b) An action filed under this section must be filed in a
district court in Travis County.
(c) The attorney general and the department may recover
reasonable expenses incurred in obtaining injunctive relief under
this section including court costs, reasonable attorney's fees,
investigative costs, witness fees, and deposition expenses.
Sec. 802.305. CEASE AND DESIST; EMERGENCY ORDER. (a) The
executive director may issue a cease and desist order as necessary
to enforce this chapter if the executive director determines that
the action is necessary to prevent a violation of this chapter and
to protect public health and safety.
(b) The executive director may issue an emergency order as
necessary to enforce this chapter if the executive director
determines that an emergency exists requiring immediate action to
protect the public health and safety. The executive director may
issue the emergency order without notice and hearing or with any
notice and hearing the executive director considers practicable
under the circumstances. The executive director shall set the time
and place for a hearing to affirm, modify, or set aside an emergency
order that was issued without a hearing.
Sec. 802.306. CRIMINAL OFFENSES AND PENALTIES. (a) A
person commits an offense if the person violates this chapter or any
rule adopted under this chapter. Each animal to which a violation
applies and each day that violation continues constitutes a
separate offense. An offense under this subsection is a Class C
misdemeanor.
(b) A person commits an offense if the person knowingly
falsifies information in a license application, annual report, or
record required under this chapter. An offense under this
subsection is a Class C misdemeanor.
(c) An unlicensed commercial breeder commits an offense if
the breeder advertises animals for sale. An offense under this
subsection is a Class C misdemeanor.
(d) A commercial breeder commits an offense if the
commercial breeder interferes with, hinders, or thwarts any
inspection or investigation under this chapter or refuses to allow
an inspector full access to all areas of the facility where animals
are kept or cared for and all records required to be kept under this
chapter or any rule adopted under this chapter. An offense under
this subsection is a Class C misdemeanor.
SECTION ___. Not later than December 31, 2009, the Texas
Commission of Licensing and Regulation shall appoint the members of
the Dog and Cat Breeders Advisory Committee in accordance with
Chapter 802, Occupations Code, as added by this Act. In making the
initial appointments, the commission shall designate:
(1) three members for terms expiring February 1, 2011;
and
(2) four members for terms expiring February 1, 2013.
SECTION ___. (a) Not later than June 1, 2010, the Texas
Commission of Licensing and Regulation shall adopt the rules,
standards, procedures, and fees necessary to implement Chapter 802,
Occupations Code, as added by this Act, and Subsection (b) of this
section.
(b) Notwithstanding Chapter 802, Occupations Code, as added
by this Act, a commercial breeder is not required to:
(1) hold a license under that chapter to act as a
commercial breeder before September 1, 2010; or
(2) comply with the standards adopted under Subchapter
F, Chapter 802, Occupations Code, as added by this Act, before
September 1, 2010.
SECTION ___. (a) The change in law made by this Act applies
only to an offense committed on or after the effective date of this
Act. For purposes of this section, an offense is committed before
the effective date of this Act if any element of the offense occurs
before that date.
(b) An offense committed before the effective date of this
Act is covered by the law in effect when the offense was committed,
and the former law is continued in effect for that purpose.