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A BILL TO BE ENTITLED
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AN ACT
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relating to the licensing and regulation of commercial dog and cat |
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breeders and the regulation of dog and cat dealers; providing |
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penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Title 4, Occupations Code, is |
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amended to read as follows: |
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TITLE 4. PROFESSIONS RELATED TO ANIMALS [ANIMAL HEALTH] |
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SECTION 2. Title 4, Occupations Code, is amended by adding |
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Chapters 802 and 803 to read as follows: |
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CHAPTER 802. COMMERCIAL DOG AND CAT BREEDERS |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 802.001. SHORT TITLE. This chapter may be cited as the |
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Commercial Dog and Cat Breeders Act. |
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Sec. 802.002. DEFINITIONS. In this chapter: |
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(1) "Adult animal" means an animal six months of age or |
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older. |
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(2) "Advisory committee" means the Dog and Cat |
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Breeders Advisory Committee. |
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(3) "Animal" means a dog or a cat. |
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(4) "Cat" means a mammal that is wholly or partly of |
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the species Felis domesticus. |
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(5) "Commercial breeder" means a person who possesses |
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adult intact female animals that produce 20 or more litters in one |
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calendar year and is engaged in the business of breeding animals for |
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direct or indirect sale or for exchange in return for |
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consideration. |
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(6) "Commission" means the Texas Commission of |
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Licensing and Regulation. |
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(7) "Controlling person" means an individual who: |
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(A) is a partner, manager, director, officer, or |
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member of a commercial breeder; |
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(B) possesses the authority to set policy or |
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direct management of a commercial breeder; or |
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(C) possesses a direct or indirect control of 25 |
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percent or more of a commercial breeder. |
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(8) "Department" means the Texas Department of |
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Licensing and Regulation. |
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(9) "Dog" means a mammal that is wholly or partly of |
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the species Canis familiaris. |
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(10) "Executive director" means the executive |
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director of the department. |
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(11) "Facility" means the premises used by a |
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commercial breeder for keeping or breeding animals. The term |
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includes all buildings, property, and confinement areas used to |
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conduct the commercial breeding business. |
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(12) "Family member" means a person's parent, spouse, |
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child, or sibling. |
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(13) "Humane society" means a nonprofit organization |
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exempt from federal taxation under Section 501(c)(3), Internal |
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Revenue Code of 1986, that has as the organization's purpose the |
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prevention of animal cruelty or the sheltering of, caring for, and |
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providing of homes for lost, stray, and abandoned animals. |
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(14) "Intact female animal" means a female animal that |
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has not been spayed and is capable of sexual reproduction. |
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(15) "Kitten" means a cat less than six months old. |
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(16) "Local animal control authority" means a |
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municipal or county animal control office with authority over the |
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premises in which an animal is kept or, in an area that does not have |
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an animal control office, the county sheriff. |
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(17) "Possess" means to have custody of or control |
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over. |
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(18) "Puppy" means a dog less than six months old. |
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(19) "Registered breeder inspector" means an |
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individual employed and certified by the department to conduct |
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investigations and inspections under this chapter. |
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(20) "Veterinarian" means a veterinarian in good |
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standing and licensed to practice veterinary medicine in this state |
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or another state. |
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Sec. 802.003. APPLICABILITY OF CHAPTER. (a) This chapter |
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does not affect the applicability of any other law, rule, order, |
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ordinance, or other legal requirement of the federal government, |
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this state, or a political subdivision of this state. |
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(b) This chapter does not prevent a municipality or county |
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from prohibiting or further regulating by order or ordinance the |
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possession, breeding, or selling of dogs or cats. |
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(c) This chapter does not apply to an animal regulated under |
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The Texas Racing Act (Article 179e, Vernon's Texas Civil Statutes). |
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[Sections 802.004-802.050 reserved for expansion] |
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SUBCHAPTER B. POWERS AND DUTIES OF COMMISSION AND DEPARTMENT |
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Sec. 802.051. GENERAL POWERS AND DUTIES; RULES. (a) The |
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department shall administer this chapter. |
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(b) The commission shall adopt the rules necessary to |
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enforce and administer this chapter, including rules to: |
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(1) establish qualifications required for licensing |
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under this chapter; and |
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(2) establish qualifications and training for |
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registered breeder inspectors. |
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Sec. 802.052. FEES. The commission shall establish |
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reasonable and necessary fees in amounts sufficient to cover the |
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costs of administering this chapter. |
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Sec. 802.053. PERSONNEL. The department may employ |
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personnel necessary to carry out the functions and duties of the |
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department under this chapter. |
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Sec. 802.054. EXPENSES. The department may authorize |
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disbursements necessary to implement this chapter, including |
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disbursements for office expenses, equipment costs, and other |
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necessary facilities. |
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Sec. 802.055. CRIMINAL BACKGROUND CHECKS. (a) The |
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department shall conduct a criminal background check on each |
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applicant who submits an application for a license under this |
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chapter and on any controlling person of the applicant. The |
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department may examine any criminal conviction, guilty plea, or |
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deferred adjudication of an applicant for issuance or renewal of a |
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license, including by obtaining any criminal history or record |
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permitted by law. |
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(b) An applicant is not eligible for a license under this |
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chapter if the applicant or any controlling person of the applicant |
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has been convicted or received deferred adjudication for animal |
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cruelty. |
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Sec. 802.056. INSURANCE REQUIREMENTS. The department may |
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set insurance requirements for a license holder under this chapter. |
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Sec. 802.057. DIRECTORY. The department shall maintain a |
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directory of commercial breeders licensed under this chapter. |
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Sec. 802.058. CONTRACTS FOR ENFORCEMENT. The department |
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may contract with another state agency, a political subdivision of |
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this state, a local animal control authority, or a registered |
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breeder inspector to enforce this chapter and rules adopted under |
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this chapter. |
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Sec. 802.059. INSPECTIONS AND INVESTIGATIONS. (a) The |
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department at least annually shall inspect each facility of a |
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licensed commercial breeder. The inspection must be conducted |
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during the facility's normal business hours and the commercial |
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breeder or a representative of the commercial breeder may be |
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present during the inspection. The department is not required to |
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provide advance notice to the commercial breeder before arriving at |
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the facility, but must contact the commercial breeder or |
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representative on arrival at the facility and before proceeding |
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with the inspection. |
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(b) The inspector shall submit an inspection report to the |
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department not later than the 10th day after the date of the |
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inspection on a form prescribed by the department and provide a copy |
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of the report to the commercial breeder or the representative. |
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(c) The department may contract with another state agency, a |
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local animal control authority, or a registered breeder inspector |
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to conduct or assist in an inspection or investigation. The |
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commission may adopt rules to establish methods by which another |
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state agency, a local animal control authority, or a registered |
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breeder inspector may conduct or assist in an inspection or |
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investigation on behalf of the department. |
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(d) The department, a local animal control authority, or a |
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registered breeder inspector may access the facility of a |
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commercial breeder whose license has been suspended, revoked, or |
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denied to verify that the facility is not operating as a commercial |
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breeding facility. |
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(e) On receipt of a written complaint alleging a violation |
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of this chapter, the department, a local animal control authority, |
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a trained peace officer, or a registered breeder inspector |
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designated by the department shall investigate the alleged |
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violation. |
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Sec. 802.060. CONSUMER INTEREST INFORMATION. (a) The |
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department shall prepare information of consumer interest |
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describing: |
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(1) the functions performed by the department under |
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this chapter; and |
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(2) the rights of a consumer affected by this chapter. |
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(b) The information must describe the procedure by which a |
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consumer complaint is filed with and resolved by the department. |
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(c) The department shall make the information available to |
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the public. |
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[Sections 802.061-802.100 reserved for expansion] |
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SUBCHAPTER C. DOG AND CAT BREEDERS ADVISORY COMMITTEE |
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Sec. 802.101. ADVISORY COMMITTEE MEMBERSHIP. The Dog and |
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Cat Breeders Advisory Committee consists of seven members appointed |
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by the presiding officer of the commission with the approval of the |
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commission as follows: |
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(1) two members who represent the public; |
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(2) one member who represents the interests of |
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commercial breeders; |
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(3) one member who is a licensed veterinarian whose |
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primary practice consists of the treatment of dogs and cats; |
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(4) one member who represents the American Kennel |
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Club; |
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(5) one member who represents a humane society or an |
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association of humane societies; and |
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(6) one member who represents the interests of animal |
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control authorities in this state. |
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Sec. 802.102. TERMS; VACANCY. (a) Appointed advisory |
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committee members serve staggered four-year terms. The terms of |
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three or four appointed members expire on February 1 of each |
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odd-numbered year. |
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(b) If a vacancy occurs during an appointed member's term, |
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the vacancy shall be filled for the remainder of the unexpired term |
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in the manner provided by Section 802.101. |
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Sec. 802.103. PRESIDING OFFICER. The presiding officer of |
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the commission shall designate one member of the advisory committee |
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to serve as presiding officer of the advisory committee for a |
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two-year term. |
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Sec. 802.104. COMPENSATION; REIMBURSEMENT. An advisory |
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committee member serves without compensation but is entitled to |
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reimbursement for actual and necessary expenses incurred in |
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performing functions as an advisory committee member, subject to |
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any applicable limitation on reimbursement provided by the General |
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Appropriations Act and the department's budget. |
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Sec. 802.105. MEETINGS. The advisory committee shall meet |
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at least once annually and may meet at other times at the call of the |
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presiding officer of the commission or the executive director. |
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Sec. 802.106. MEMBERSHIP ELIGIBILITY. Except for the |
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member representing the interests of commercial breeders as |
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provided by Section 802.101(2), a person may not be a member of the |
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advisory committee if the person or the person's family member: |
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(1) is required to be licensed under this chapter; |
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(2) is employed by or participates in the management |
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of a business entity or other organization required to be licensed |
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under this chapter; |
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(3) owns or controls, directly or indirectly, more |
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than a 10 percent interest in a business entity or other |
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organization required to be licensed under this chapter; or |
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(4) is an attorney, lobbyist, or veterinarian employed |
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by or under a service contract with a person required to be licensed |
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under this chapter. |
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Sec. 802.107. ADVISORY COMMITTEE DUTIES. (a) The advisory |
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committee shall advise the commission in adopting rules and in |
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administering and enforcing this chapter. |
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(b) The advisory committee shall advise the commission in |
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setting fees under this chapter. |
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Sec. 802.108. VOTE REQUIRED FOR ACTION. A decision of the |
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advisory committee is not effective unless it receives the |
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affirmative vote of at least a majority of the members present. |
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Sec. 802.109. APPLICABILITY OF OTHER LAW. Chapter 2110, |
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Government Code, does not apply to the advisory committee. |
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[Sections 802.110-802.150 reserved for expansion] |
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SUBCHAPTER D. LICENSING OF COMMERCIAL BREEDERS |
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Sec. 802.151. LICENSE REQUIRED; QUALIFICATIONS. (a) A |
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person may not act, offer to act, or hold the person out as a |
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commercial breeder in this state unless the person holds a |
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commercial breeder license under this subchapter for each facility |
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that the person owns or operates in this state. |
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(b) A commercial breeder license for a single facility may |
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cover more than one building on the same premises. |
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(c) The commission may adopt educational or training |
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qualifications required for issuance or renewal of a license under |
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this subchapter as necessary to protect the public health and |
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safety. |
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Sec. 802.152. APPLICATION. (a) An applicant for a license |
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under this subchapter must: |
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(1) submit to the department a completed application |
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on a form prescribed by the department; |
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(2) submit to the department any other information |
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regarding the applicant's facilities and operations as required by |
|
rule; |
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(3) demonstrate to the satisfaction of the department |
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the qualifications required by this chapter and rules adopted under |
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this chapter; and |
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(4) pay the application fee. |
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(b) A license application must include a place for the |
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applicant to: |
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(1) indicate whether the applicant's facility will |
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operate under more than one name and, if so, each name under which |
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the applicant will operate; |
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(2) indicate whether the applicant has an ownership |
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interest in any other facility and the name and location of each |
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facility in which the applicant has an interest; |
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(3) provide the number and breed of all adult animals |
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that will be kept, housed, and maintained by the applicant at the |
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facility and the estimated number of puppies or kittens to be kept, |
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housed, and maintained at the facility during the term of the |
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license; |
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(4) state whether a license held by an applicant under |
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this subchapter or under another federal, state, county, or local |
|
law, ordinance, or other regulation relating to breeding, selling, |
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dealing in, or handling dogs or cats has been suspended or revoked |
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and whether a license application has been denied; and |
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(5) state whether the applicant has been charged with |
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animal cruelty or neglect in any jurisdiction and, for an applicant |
|
that is a partnership, corporation, or limited liability company, |
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whether any controlling person of the applicant has been charged |
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with animal cruelty or neglect in this or any other jurisdiction. |
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Sec. 802.153. INITIAL PRELICENSE INSPECTION. (a) The |
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department shall inspect a facility before an initial commercial |
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breeder license is issued for that facility. |
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(b) The department may contract with a local animal control |
|
authority or a registered breeder inspector to conduct or assist in |
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an initial prelicense inspection. |
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(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 |
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department certifying that the facility meets the requirements of |
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this chapter and rules adopted under this chapter. |
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(d) Before the initial prelicense inspection may be |
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conducted, each applicant shall pay to the department a |
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nonrefundable inspection fee. |
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Sec. 802.154. ISSUANCE. The department shall issue a |
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commercial breeder license to each commercial breeder who: |
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(1) meets the requirements of this chapter and rules |
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adopted under this chapter; |
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(2) applies to the department on the form prescribed |
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by the department; and |
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(3) pays the required fee. |
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Sec. 802.155. TERM. A license issued under this subchapter |
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is valid until the first anniversary of the date of issuance and is |
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nontransferable. The department shall include the expiration date |
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on each license issued under this subchapter. |
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Sec. 802.156. LICENSE DENIAL. The department may deny a |
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license to an applicant who: |
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(1) fails to meet the standards of care adopted by the |
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commission under Subchapter F; |
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(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; |
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(3) has had a similar license by a federal, state, or |
|
local authority denied, revoked, or suspended; |
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(4) has falsified any material information requested |
|
by the department; or |
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(5) was an owner or controlling person of a commercial |
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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. |
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Sec. 802.157. LICENSE RENEWAL. (a) A license holder may |
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renew the person's license by: |
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(1) submitting a renewal application to the department |
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on the form prescribed by the department; |
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(2) complying with any other renewal requirements |
|
adopted by the department; and |
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(3) paying the required fee. |
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(b) A person whose license has expired may not engage in |
|
activities that require a license until the license has been |
|
renewed. |
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(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. |
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[Sections 802.158-802.200 reserved for expansion] |
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SUBCHAPTER E. PRACTICE BY LICENSE HOLDER |
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Sec. 802.201. DISPLAY OF LICENSE; INCLUSION OF LICENSE |
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NUMBER AND DEPARTMENT INFORMATION. A commercial breeder shall: |
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(1) prominently display a copy of the commercial |
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breeder license at the breeder's facility; |
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(2) include the commercial breeder's license number in |
|
each advertisement for the sale or transfer of an animal by the |
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commercial breeder; and |
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(3) include in each contract for the sale or transfer |
|
of an animal by the commercial breeder: |
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(A) the commercial breeder's license number; and |
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(B) the following statement: "Commercial |
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breeders are regulated by the Texas Department of Licensing and |
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Regulation, P.O. Box 12157, Austin, Texas 78711, 1-800-803-9202, |
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512-463-6599" or a similar statement adopted by commission rule |
|
that includes the department's name, address, and phone numbers. |
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Sec. 802.202. CHANGE IN LICENSE INFORMATION. A commercial |
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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. |
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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. |
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(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. |
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(c) A license holder that has more than one facility must |
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keep separate records and file a separate report for each facility. |
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Sec. 802.204. ANIMAL LOG. (a) A commercial breeder shall: |
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(1) maintain a separate written log for each animal |
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documenting the animal's veterinary care; and |
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(2) make the log available on request to the |
|
department, a local animal control authority, or a registered |
|
breeder inspector designated by the department. |
|
(b) The log must include: |
|
(1) the date of the animal's birth; |
|
(2) the date the commercial breeder took possession of |
|
the animal if the animal was acquired from another person; |
|
(3) the breed, sex, color, and identifying marks of |
|
the animal; |
|
(4) the animal's identifying tag, tattoo, microchip, |
|
or collar number; |
|
(5) the name and, if applicable, the breed registry |
|
number of the sire and dam of the animal; and |
|
(6) a record of all inoculations, medications, and |
|
other veterinary medical treatment received by the animal while in |
|
the possession of the commercial breeder that includes: |
|
(A) the date of the inoculation, medication, or |
|
treatment; |
|
(B) the type or nature of the inoculation, |
|
medication, or treatment; and |
|
(C) the name of the attending veterinarian, if |
|
applicable. |
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Sec. 802.205. LIMIT ON NUMBER OF INTACT ANIMALS. A |
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commercial breeder may not possess more than 50 adult intact female |
|
animals in a facility at any time. |
|
[Sections 802.206-802.250 reserved for expansion] |
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SUBCHAPTER F. STANDARDS OF CARE AND CONFINEMENT |
|
Sec. 802.251. ADOPTION OF STANDARDS. (a) 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. |
|
(b) The standards adopted under this section must at a |
|
minimum: |
|
(1) require animals to be offered food at least once |
|
every 24 hours and to have continuous access to water unless |
|
otherwise prescribed by a veterinarian; |
|
(2) provide for safe and adequately sized indoor and |
|
outdoor confinement areas; |
|
(3) require daily removal of animal waste; |
|
(4) include requirements for exercise, grooming, and |
|
bathing; |
|
(5) include requirements for socialization through |
|
physical contact between animals and humans; |
|
(6) include requirements to address disease and |
|
illness; |
|
(7) require methods of transporting animals that |
|
protect the health and welfare of the animals; and |
|
(8) include requirements for adequate training of |
|
staff. |
|
(c) The standards adopted under this section must prohibit: |
|
(1) a commercial breeder from housing females in |
|
estrus with unneutered males, except for breeding purposes; |
|
(2) the placement of a primary enclosure on top of |
|
another primary enclosure without an impervious barrier between |
|
enclosures; |
|
(3) the tethering or leashing of animals in a facility |
|
as a means of confinement; and |
|
(4) a commercial breeder from selling, trading, or |
|
giving away an animal before the animal is six weeks of age. |
|
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. |
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Sec. 802.304. INJUNCTIVE RELIEF; CIVIL PENALTY. (a) The |
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attorney general or the executive director may institute an action |
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for injunctive relief to restrain a violation by and to collect a |
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civil penalty from a person that appears to be in violation of or |
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threatening to violate this chapter or a rule or order of the |
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commission or executive director under this chapter. |
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(b) An action filed under this section must be filed in a |
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district court in Travis County. |
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(c) The attorney general and the department may recover |
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reasonable expenses incurred in obtaining injunctive relief under |
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this section including court costs, reasonable attorney's fees, |
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investigative costs, witness fees, and deposition expenses. |
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Sec. 802.305. CEASE AND DESIST; EMERGENCY ORDER. (a) The |
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executive director may issue a cease and desist order as necessary |
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to enforce this chapter if the executive director determines that |
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the action is necessary to prevent a violation of this chapter and |
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to protect public health and safety. |
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(b) The executive director may issue an emergency order as |
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necessary to enforce this chapter if the executive director |
|
determines that an emergency exists requiring immediate action to |
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protect the public health and safety. The executive director may |
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issue the emergency order without notice and hearing or with any |
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notice and hearing the executive director considers practicable |
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under the circumstances. The executive director shall set the time |
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and place for a hearing to affirm, modify, or set aside an emergency |
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order that was issued without a hearing. |
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Sec. 802.306. CRIMINAL OFFENSES AND PENALTIES. (a) A |
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person commits an offense if the person violates this chapter or any |
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rule adopted under this chapter. Each animal to which a violation |
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applies and each day that violation continues constitutes a |
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separate offense. An offense under this subsection is a Class C |
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misdemeanor. |
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(b) A person commits an offense if the person knowingly |
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falsifies information in a license application, annual report, or |
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record required under this chapter. An offense under this |
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subsection is a Class C misdemeanor. |
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(c) An unlicensed commercial breeder commits an offense if |
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the breeder advertises animals for sale. An offense under this |
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subsection is a Class C misdemeanor. |
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(d) A commercial breeder commits an offense if the |
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commercial breeder interferes with, hinders, or thwarts any |
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inspection or investigation under this chapter or refuses to allow |
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an inspector full access to all areas of the facility where animals |
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are kept or cared for and all records required to be kept under this |
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chapter or any rule adopted under this chapter. An offense under |
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this subsection is a Class C misdemeanor. |
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CHAPTER 803. DOG AND CAT DEALERS |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 803.001. SHORT TITLE. This chapter may be cited as the |
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Dog and Cat Dealers Act. |
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Sec. 803.002. DEFINITIONS. In this chapter: |
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(1) "Animal" means a dog or a cat. |
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(2) "Breeder" means a person who is engaged in the |
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business of breeding animals for direct or indirect sale or for |
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exchange in return for consideration. |
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(3) "Broker" means a person who purchases animals for |
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resale to dealers or other brokers. |
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(4) "Cat" means a mammal that is wholly or partly of |
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the species Felis domesticus. |
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(5) "Commercial breeder" means a breeder required to |
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be licensed under Chapter 802. |
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(6) "Dealer" means a person who is required to collect |
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sales tax for the sale of animals to a retail purchaser. The term |
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does not include a humane society or local animal control |
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authority. |
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(7) "Dog" means a mammal that is wholly or partly of |
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the species Canis familiaris. |
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(8) "Health problem" means a disease, illness, or |
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congenital or hereditary condition that: |
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(A) impairs the health or function of an animal |
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and is apparent at the time of sale; or |
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(B) is or should be apparent to the seller from |
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the veterinary history of the animal or either of the animal's |
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parents. |
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(9) "Humane society" means a nonprofit organization |
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exempt from federal taxation under Section 501(c)(3), Internal |
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Revenue Code of 1986, that has as the organization's purpose the |
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prevention of animal cruelty or the sheltering of, caring for, and |
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providing of homes for lost, stray, and abandoned animals. |
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(10) "Kitten" means a cat less than six months old. |
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(11) "Local animal control authority" means a |
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municipal or county animal control office with authority over the |
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premises in which an animal is kept or, in an area that does not have |
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an animal control office, the county sheriff. |
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(12) "Possess" means to have custody of or control |
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over. |
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(13) "Puppy" means a dog less than six months old. |
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(14) "Veterinarian" means a veterinarian in good |
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standing and licensed to practice veterinary medicine in this state |
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or another state. |
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Sec. 803.003. APPLICABILITY OF CHAPTER. (a) This chapter |
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does not affect the applicability of any other law, rule, order, |
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ordinance, or other legal requirement of the federal government, |
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this state, or a political subdivision of this state. |
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(b) This chapter does not prevent a municipality or county |
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from prohibiting or further regulating by order or ordinance the |
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selling of dogs or cats. |
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[Sections 803.004-803.050 reserved for expansion] |
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SUBCHAPTER B. RETAIL SALES OF DOGS AND CATS |
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Sec. 803.051. DISCLOSURE. (a) At the time of purchase, |
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each dealer shall deliver to each retail purchaser of an animal a |
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written disclosure that includes the following: |
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(1) the breeder's name and address; |
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(2) the name and address of any broker who has had |
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possession of the animal; |
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(3) the date of the animal's birth; |
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(4) if the dealer is not the breeder, the date the |
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dealer received the animal; |
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(5) the breed, sex, color, and identifying marks of |
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the animal; |
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(6) the individual identifying tag, tattoo, |
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microchip, or collar number; |
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(7) the name and, if applicable, the breed registry |
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number of the sire and dam and the litter number; and |
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(8) a record of inoculations, worming treatments, and |
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medication received by the animal while in the possession of the |
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dealer. |
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(b) The written disclosure must include: |
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(1) a statement signed by the dealer that the animal |
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does not have any known health problem or that discloses any known |
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health problem; and |
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(2) a statement signed by a veterinarian that lists |
|
any treatments the animal has received and any recommendations for |
|
future treatment. |
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(c) The written disclosure required under this section is a |
|
part of the purchaser rights required under this subchapter. |
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(d) Except as provided by this subsection, a written |
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disclosure is not required for a mixed breed animal if the |
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information is not available and cannot be determined by the |
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dealer. The dealer must disclose all known health problems and |
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medical records of a mixed breed animal. |
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Sec. 803.052. RECORDS. The dealer shall retain until the |
|
first anniversary of the date of issuance a copy of the statement of |
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purchaser rights delivered to the retail purchaser. |
|
Sec. 803.053. REGISTRATION. (a) A dealer who represents an |
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animal as eligible for registration with an animal pedigree |
|
organization shall, not later than the 90th day after the date the |
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final payment is received, provide to the retail purchaser the |
|
documents necessary for registration with the organization. |
|
(b) If the dealer fails to provide the registration |
|
documents to the retail purchaser as required by Subsection (a), |
|
the purchaser may: |
|
(1) retain the animal and receive a refund of 50 |
|
percent of the purchase price of the animal; or |
|
(2) return the animal and all documentation previously |
|
provided to the purchaser and receive a full refund of the purchase |
|
price. |
|
(c) The dealer is not responsible for delays in registration |
|
that are the result of the actions or inaction of persons other than |
|
the dealer. |
|
Sec. 803.054. EXAMINATION BY VETERINARIAN. A dealer may |
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not offer an animal for sale to a retail purchaser unless the animal |
|
has been examined by a veterinarian. |
|
Sec. 803.055. RIGHTS OF PURCHASER. (a) An animal is |
|
considered unfit for sale by a dealer if: |
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(1) a veterinarian states in writing not later than |
|
the 20th day after the date a purchaser takes possession of an |
|
animal that the animal has a health problem that existed in the |
|
animal at the time of delivery; or |
|
(2) a veterinarian states in writing not later than |
|
the first anniversary of the date that a purchaser took possession |
|
of an animal that the animal: |
|
(A) died or is ill due to a hereditary or |
|
congenital defect; or |
|
(B) is not the breed the dealer represented the |
|
animal to be to the purchaser. |
|
(b) If the dealer misrepresents the breed of the animal to |
|
the purchaser, the dealer shall provide to the purchaser one of the |
|
following remedies selected by the purchaser: |
|
(1) return of the animal to the dealer for a refund of |
|
the full purchase price; or |
|
(2) exchange of the animal for an animal of the breed |
|
represented by the dealer to the purchaser, provided the dealer has |
|
an animal of that breed available for sale. |
|
(c) If an animal dies due to a health problem that existed in |
|
the animal at the time the purchaser took possession of the animal, |
|
the dealer shall provide to the purchaser one of the following |
|
remedies selected by the purchaser: |
|
(1) another animal of equal value, if available, and |
|
reimbursement of all reasonable veterinary fees incurred by the |
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purchaser for the deceased animal, not to exceed 300 percent of the |
|
purchase price of the animal; or |
|
(2) a refund of the full purchase price and |
|
reimbursement of all reasonable veterinary fees incurred by the |
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purchaser for the deceased animal, not to exceed 300 percent of the |
|
purchase price of the animal. |
|
(d) If a health problem existed at the time the purchaser |
|
took possession of the animal, the dealer shall provide to the |
|
purchaser one of the following remedies selected by the purchaser: |
|
(1) return of the animal to the dealer for a refund of |
|
the full purchase price; |
|
(2) exchange of the animal with a health problem for |
|
another animal of the purchaser's choice of equivalent value, |
|
provided a replacement is available; or |
|
(3) retention of the animal with a health problem by |
|
the purchaser for a reasonable period of time and reimbursement of |
|
reasonable veterinary fees, not to exceed 300 percent of the |
|
purchase price of the animal. |
|
(e) The price of a veterinary service is considered |
|
reasonable if the service is appropriate for the diagnosis and |
|
treatment of the health problem and the price for the service is |
|
comparable to a similar service rendered by other veterinarians in |
|
proximity to the treating veterinarian. |
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Sec. 803.056. RESPONSIBILITIES OF PURCHASER. (a) To be |
|
eligible for the remedies provided in Section 803.055, the retail |
|
purchaser of an animal with a health problem shall: |
|
(1) notify the dealer not later than the fifth |
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business day after the date a veterinarian diagnoses a health |
|
problem; and |
|
(2) provide the dealer with the name and telephone |
|
number of the veterinarian and a copy of the veterinarian's report |
|
on the animal. |
|
(b) A retail purchaser who is seeking a full refund of the |
|
purchase price of an animal shall return the animal to the dealer |
|
not later than the fifth business day after the date the purchaser |
|
receives a written statement from a veterinarian indicating that |
|
the animal is unfit due to a health problem. |
|
(c) If an animal has died, the retail purchaser must provide |
|
the dealer with a written statement from a veterinarian indicating |
|
that the animal died from a health problem that existed on or before |
|
the date the purchaser took possession of the animal. |
|
Sec. 803.057. RIGHTS OF DEALER. A dealer is not required to |
|
provide a refund, replacement, or reimbursement of veterinary fees |
|
if one or more of the following conditions exist: |
|
(1) the health problem or death resulted from |
|
maltreatment, neglect, or a disease contracted while in the |
|
possession of the purchaser or from an injury sustained after |
|
delivery of the animal to the purchaser; |
|
(2) a veterinarian's statement was provided to the |
|
purchaser under Section 803.051 that disclosed the health problem |
|
for which the purchaser seeks to return the animal; or |
|
(3) the purchaser failed to provide to the animal a |
|
treatment recommended by the examining veterinarian under Section |
|
803.051. |
|
Sec. 803.058. CONTEST OF RELIEF; CIVIL ACTION. (a) A |
|
dealer seeking to contest a demand for relief specified in Section |
|
803.053 or 803.055 may require the retail purchaser to produce the |
|
animal for examination or necropsy by a veterinarian designated by |
|
the dealer. The dealer shall pay the cost of the examination or |
|
necropsy. The dealer has a right of recovery against the purchaser |
|
if the dealer is not obligated to provide a remedy under Section |
|
803.055. |
|
(b) If the dealer does not provide the relief selected by |
|
the retail purchaser under Section 803.053 or 803.055, the |
|
purchaser may bring a civil action against the dealer. The |
|
prevailing party in the civil action has the right to recover costs |
|
and reasonable attorney's fees. |
|
Sec. 803.059. POSTING OF PURCHASER RIGHTS NOTICE. Each |
|
dealer shall post in a prominent location in the dealer's facility a |
|
notice, in 48-point boldfaced type, that states the following: |
|
"Information is available on each dog or cat sold by this |
|
establishment. You are entitled to a statement of purchaser rights |
|
related to the sale of a dog or cat by this establishment. Please |
|
ensure that you receive this statement at the time you purchase a |
|
dog or cat." |
|
Sec. 803.060. STATEMENT ACKNOWLEDGING RECEIPT OF PURCHASER |
|
RIGHTS. (a) Each dealer shall provide each retail purchaser with a |
|
written statement of the purchaser's rights under this chapter. |
|
The purchaser must sign an acknowledgment that the purchaser |
|
received the statement and has reviewed the statement. The dealer |
|
shall certify in writing the accuracy of the information contained |
|
in the statement. The dealer shall retain a copy of the signed |
|
acknowledgment and provide a copy of the signed acknowledgment to |
|
the purchaser. |
|
(b) The statement of purchaser rights must be in 16-point |
|
boldfaced type as follows: |
|
"STATEMENT OF TEXAS LAW GOVERNING SALE OF DOGS AND CATS: The |
|
sale of dogs and cats is subject to consumer protection |
|
regulations. Texas law also provides safeguards to protect dealers |
|
and animal purchasers. Attached is a copy of Subchapter B, Chapter |
|
803, Occupations Code. Contained in this law is a statement of your |
|
purchaser rights. These rights are not your exclusive rights and do |
|
not limit the rights or remedies available to you as a purchaser |
|
under any other law." |
|
(c) The statement of purchaser rights must contain or have |
|
attached to the statement the disclosures required under Section |
|
803.051. |
|
Sec. 803.061. LIMITATION; WAIVER PROHIBITED. (a) Nothing |
|
in this chapter shall limit the rights or remedies otherwise |
|
available to a purchaser under any other law. |
|
(b) An agreement or contract by a purchaser to waive any |
|
rights under this chapter is null, void, and unenforceable. |
|
[Sections 803.062-803.100 reserved for expansion] |
|
SUBCHAPTER C. OFFENSES AND PENALTIES |
|
Sec. 803.101. CRIMINAL OFFENSE FOR ACQUIRING ANIMAL FROM |
|
UNLICENSED COMMERCIAL BREEDER. A broker or dealer commits an |
|
offense if the broker or dealer knowingly acquires a dog or cat from |
|
an unlicensed commercial breeder for the purpose of reselling the |
|
dog or cat to another person. Each animal to which a violation |
|
applies constitutes a separate offense. An offense under this |
|
section is a Class C misdemeanor. It is a defense to prosecution |
|
for an offense under this section that the dealer was a humane |
|
society or a local animal control authority. |
|
Sec. 803.102. CRIMINAL OFFENSE FOR SELLING YOUNG ANIMALS. |
|
A dealer commits an offense if the dealer sells an animal under the |
|
age of eight weeks to another person. Each animal to which a |
|
violation applies constitutes a separate offense. An offense under |
|
this section is a Class C misdemeanor. It is a defense to |
|
prosecution for an offense under this section that the dealer was a |
|
humane society or a local animal control authority. |
|
SECTION 3. 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 4. 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 Section 5 of this Act. |
|
SECTION 5. 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 6. (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. |
|
SECTION 7. This Act takes effect immediately if it receives |
|
a vote of two-thirds of all the members elected to each house, as |
|
provided by Section 39, Article III, Texas Constitution. If this |
|
Act does not receive the vote necessary for immediate effect, this |
|
Act takes effect September 1, 2009. |