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  2009S0380-2 02/24/09
 
  By: Whitmire S.B. No. 1910
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the licensing and regulation of commercial dog and cat
  breeders and the regulation of dog and cat dealers; providing
  penalties.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The heading to Title 4, Occupations Code, is
  amended to read as follows:
  TITLE 4.  PROFESSIONS RELATED TO ANIMALS [ANIMAL HEALTH]
         SECTION 2.  Title 4, Occupations Code, is amended by adding
  Chapter 802 to read as follows:
  CHAPTER 802.  COMMERCIAL DOG AND CAT BREEDERS AND DEALERS
  SUBCHAPTER A.  GENERAL PROVISIONS
         Sec. 802.001.  SHORT TITLE.  This chapter may be cited as the
  Commercial Dog and Cat Breeders and Dealers 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)  "Broker" means a person who purchases animals for
  resale to dealers or other brokers.
               (5)  "Cat" means a mammal that is wholly or partly of
  the species Felis domesticus.
               (6)  "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.
               (7)  "Commission" means the Texas Commission of
  Licensing and Regulation.
               (8)  "Dealer" means a person, including a commercial
  breeder or hobby breeder, who is required to collect sales tax for
  the sale of animals to the public. The term does not include a
  humane society or local animal control authority.
               (9)  "Department" means the Texas Department of
  Licensing and Regulation.
               (10)  "Dog" means a mammal that is wholly or partly of
  the species Canis familiaris.
               (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)  "Health problem" means a disease, illness, or
  congenital or hereditary condition that:
                     (A)  impairs the health or function of an animal
  and is apparent at the time of sale; or
                     (B)  is or should be apparent to the seller from
  the veterinary history of the animal or either of the animal's
  parents.
               (13)  "Hobby breeder" means a person who possesses
  fewer than 11 adult intact female animals and is engaged in the
  business of breeding animals for direct sale or for exchange in
  return for consideration.
               (14)  "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.
               (15)  "Humane society agent" means an employee or agent
  of a humane society designated by the department to enforce this
  chapter or rules adopted under this chapter.
               (16)  "Intact female animal" means a female animal that
  has not been spayed and is capable of sexual reproduction.
               (17)  "Kitten" means a cat less than six months old.
               (18)  "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.
               (19)  "Possess" means to have custody of or control
  over.
               (20)  "Puppy" means a dog less than six months old.
               (21)  "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.
  [Sections 802.004-802.050 reserved for expansion]
  SUBCHAPTER B.  POWERS AND DUTIES OF DEPARTMENT
         Sec. 802.051.  GENERAL POWERS AND DUTIES; RULES.  The
  department shall administer this chapter and adopt and enforce the
  rules necessary to administer this chapter, including rules to
  establish qualifications required for licensing under this chapter
  as necessary to protect the public health and safety.
         Sec. 802.052.  FEES.  The department, with the advice of the
  advisory committee, shall establish reasonable and necessary fees
  in amounts sufficient to cover the costs of administering this
  chapter.
         Sec. 802.053.  PERSONNEL.  (a)  The department shall employ
  and designate a person to administer the licensing program under
  this chapter.
         (b)  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)  On receipt
  of an application for a license under this chapter, the department
  shall conduct a criminal background check on 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, in the five years preceding the date of
  the application, has been finally convicted of animal cruelty or a
  misdemeanor involving moral turpitude or a felony.
         Sec. 802.056.  INSURANCE REQUIREMENTS.  The department shall
  set insurance requirements for a license holder under this chapter.
         Sec. 802.057.  DIRECTORY.  The department shall annually
  publish a directory of commercial breeders licensed under this
  chapter.
         Sec. 802.058.  CONTRACTS FOR ENFORCEMENT.  The department
  may contract with another state agency or a political subdivision
  of this state 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 in the presence of
  the commercial breeder or an agent of the commercial breeder. The
  department is not required to provide notice to the facility before
  an 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. The inspection
  report must list separately each rule or standard established by
  the department under Subchapter F, and the inspector shall document
  whether the facility complies with each rule or standard. The
  inspection report must document the animal inventory on the date of
  the inspection.
         (c)  The department may designate a veterinarian who is not
  affiliated with the licensed commercial breeder who is the subject
  of the inspection or investigation, a local animal control
  authority, or a humane society agent to conduct or assist in an
  inspection or investigation.
         (d)  The department, a local animal control authority, or a
  humane society agent may access during the facility's normal
  business hours 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)  The department, a local animal control authority, a
  peace officer, or a humane society agent may investigate possible
  violations of this chapter. On receipt of a written complaint
  alleging a violation of this chapter, 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 as
  follows:
               (1)  two members who represent the public, appointed by
  the commission;
               (2)  one member who is a licensed veterinarian whose
  primary practice consists of the treatment of dogs and cats,
  appointed by the commission based on recommendations provided by
  the State Board of Veterinary Medical Examiners;
               (3)  one member who is an animal welfare advocate,
  appointed by the commission based on recommendations provided by a
  federation or association of humane societies;
               (4)  one member who represents the interests of
  consumers, appointed by the commission based on recommendations
  provided by consumer advocacy groups or associations;
               (5)  one member who represents the interests of animal
  control officers in this state, appointed by the commission based
  on recommendations provided by the Texas Animal Control
  Association; and
               (6)  one member who is the zoonosis control manager of
  the Department of State Health Services or the manager's designee.
         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)  Service on the advisory committee by a state officer or
  employee is an additional duty of the member's office or
  employment.
         (c)  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 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.
         Sec. 802.105.  MEETINGS. (a)  The advisory committee shall
  meet at least once annually and may meet at other times at the call
  of the presiding officer.
         (b)  The advisory committee shall meet in this state at a
  place designated by the presiding officer.
         Sec. 802.106.  MEMBERSHIP ELIGIBILITY. A person may not be a
  member of the advisory committee if the person or the person's
  parent, spouse, child, or sibling:
               (1)  is required to be licensed under this chapter;
               (2)  is employed by or participates in the management
  of a business entity or other organization required to be licensed
  under this chapter;
               (3)  owns or controls, directly or indirectly, more
  than a 10 percent interest in a business entity or other
  organization required to be licensed under this chapter; or
               (4)  is an attorney, lobbyist, or veterinarian employed
  by or under a service contract with a person required to be licensed
  under this chapter.
         Sec. 802.107.  ADVISORY COMMITTEE DUTIES. (a)  The advisory
  committee shall advise the department in adopting rules and in
  administering and enforcing this chapter.
         (b)  The advisory committee shall advise the department in
  setting fees under this chapter.
         Sec. 802.108.  RULES GOVERNING ADVISORY COMMITTEE. The
  commission shall adopt rules for the operation of the advisory
  committee, including rules governing:
               (1)  the purpose, role, responsibility, and goals of
  the advisory committee;
               (2)  the qualifications required for members of the
  advisory committee;
               (3)  the appointment process for the advisory
  committee;
               (4)  the process for removing a member of the advisory
  committee; and
               (5)  a requirement that the advisory committee comply
  with Chapter 551, Government Code.
         Sec. 802.109.  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. 802.110.  APPLICABILITY OF OTHER LAW.  Chapter 2110,
  Government Code, does not apply to the advisory committee.
  [Sections 802.111-802.150 reserved for expansion]
  SUBCHAPTER D. LICENSING OF COMMERCIAL BREEDERS
         Sec. 802.151.  LICENSE REQUIRED; QUALIFICATIONS.  (a)  A
  person may not act 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 department 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.  (a)  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
  required by department rule;
               (3)  demonstrate to the satisfaction of the department
  the qualifications required by this chapter and department rule;
  and
               (4)  pay the application fee.
         (b)  A license application must include:
               (1)  a place for the applicant to:
                     (A)  indicate whether the applicant's facility
  will operate under more than one name and, if so, each name under
  which the applicant will operate; and
                     (B)  indicate whether the applicant has an
  ownership interest in any other facility inside or outside this
  state and the name and location of each facility in which the
  applicant has an interest;
               (2)  a signed statement on:
                     (A)  the number and breed of all adult animals
  that will be kept, housed, and maintained by the applicant at the
  facility and the estimated number of puppies or kittens to be kept,
  housed, and maintained at the facility during the term of the
  license;
                     (B)  whether a license held by an applicant under
  this subchapter or under another federal, state, county, or local
  law, ordinance, or other regulation relating to dealing in or
  handling dogs or cats has been suspended, revoked, or denied; and
                     (C)  whether the applicant has been charged with
  animal cruelty or neglect in any jurisdiction and, for an applicant
  that is a partnership, corporation, or limited liability company,
  whether any of the applicant's partners, directors, officers, or
  members have been charged with animal cruelty or neglect in this or
  any other jurisdiction; and
               (3)  the number of persons who will be employed by the
  facility.
         (c)  An application from a partnership, corporation, or
  limited liability company must include:
               (1)  the name and address of all partners, directors,
  officers, members, and managers; and
               (2)  a notation of each partner, director, officer,
  member, manager, or other person authorized to represent the
  partnership, corporation, or limited liability company.
         (d)  If an applicant is required to be licensed by the United
  States Department of Agriculture under the federal Animal Welfare
  Act (7 U.S.C. Section 2131 et seq.), the application must include
  all United States Department of Agriculture inspection reports and
  records for the preceding five years for any facility owned or
  operated by the applicant.
         Sec. 802.153.  INITIAL PRELICENSE INSPECTION. (a)  The
  department shall inspect a facility before an initial commercial
  breeder license is issued for that facility. An initial prelicense
  inspection must be performed not later than the 30th day after the
  date an applicant submits an application for a commercial breeder
  license to the department.
         (b)  The department may designate a veterinarian who is not
  affiliated with the applicant, a local animal control authority, or
  a humane society agent 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 certificate signed by 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 shall refuse
  to issue a license to an applicant who:
               (1)  fails to meet the standards of care adopted by the
  department under Subchapter F;
               (2)  has been convicted of 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, partner, director, officer, member,
  manager, agent, family member, affiliate, or employee 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 before the expiration date
  on the license;
               (2)  complying with any other renewal requirements
  adopted by the department; and
               (3)  paying the renewal fee set by the department.
         (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 90th 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.
         (d)  A license renewal application and the renewal fee must
  be postmarked not later than the 60th day before the expiration date
  of the license. A license renewal application received after the
  60th day is subject to a late fee in the amount set by department
  rule, not to exceed 50 percent of the license renewal fee.
         (e)  If a license is not renewed by the renewal date, the
  license holder must reapply for an initial commercial breeder
  license.
         (f)  A license renewal application by a person licensed by
  the United States Department of Agriculture under the federal
  Animal Welfare Act (7 U.S.C. Section 2131 et seq.) must be
  accompanied by all United States Department of Agriculture
  inspection reports and records for the licensed facility during the
  preceding 12 months.
  [Sections 802.158-802.200 reserved for expansion]
  SUBCHAPTER E.  PRACTICE BY LICENSE HOLDER
         Sec. 802.201.  DISPLAY OF LICENSE; INCLUSION OF LICENSE
  NUMBER.  A commercial breeder shall:
               (1)  prominently display a copy of the commercial
  breeder license at the breeder's facility; and
               (2)  include the commercial breeder license number in
  each advertisement and in each contract for the sale or transfer of
  an animal by the commercial breeder.
         Sec. 802.202.  CHANGE IN LICENSE INFORMATION.  A commercial
  breeder shall notify the department by certified mail not later
  than the 10th day after the date any change occurs in the address,
  name, management, or substantial control and 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
  a report on the form prescribed by the department. The report must
  include:
               (1)  the number of dogs and cats in the commercial
  breeder's possession on the first and last day of the preceding
  year;
               (2)  the number of animals that during the preceding
  year:
                     (A)  died; or
                     (B)  were born, sold, traded, bartered, leased,
  brokered, given away, or euthanized; and
               (3)  any other information required by the department.
         (b)  A license holder that uses more than one business name
  must keep separate records and file a separate report for each
  business name.
         Sec. 802.204.  ANIMAL LOG. (a)  A commercial breeder shall:
               (1)  maintain a separate written log for each animal
  documenting the animal's veterinary care; and
               (2)  make the log available on request to the
  department or a veterinarian, local animal control authority, or
  humane society agent 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 registration 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.
         Sec. 802.205.  LIMIT ON NUMBER OF INTACT ANIMALS. A
  commercial breeder may not possess more than 50 intact adult
  animals at any time.
         Sec. 802.206.  TRANSPORTATION. A commercial breeder and its
  designated carrier or intermediate handler of the animal shall
  comply with the standards that apply to transporting the animal
  under the federal Animal Welfare Act (7 U.S.C. Section 2131 et seq.)
  and the regulations adopted under that Act.
  [Sections 802.207-802.250 reserved for expansion]
  SUBCHAPTER F.  STANDARDS OF CARE AND CONFINEMENT
         Sec. 802.251.  ADOPTION OF STANDARDS. The department, 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.  FOOD AND WATER STANDARDS.  (a)  The
  department shall establish standards to ensure that commercial
  breeders provide animals with uncontaminated, palatable, and
  wholesome food and water suitable for the species, at a frequency
  and in an amount appropriate for the animal's size, condition, and
  age to maintain proper and healthy weight.
         (b)  The standards must require animals to be offered food at
  least once every 24 hours and have continuous access to water.
         Sec. 802.253.  SHELTER AND CONFINEMENT STANDARDS.  (a)  The
  department shall establish standards to ensure that commercial
  breeders provide:
               (1)  a safe structural housing environment that is free
  of sharp or jagged edges and restricts access by vermin;
               (2)  adequate indoor and outdoor confinement areas
  based on animal age, breed, physical condition, and type, and for
  each animal at least one separate shelter large enough to allow the
  animal in the shelter to easily sit, stand, turn around, and lie
  down in a normal manner;
               (3)  for cats housed in an outdoor confinement area,
  free access to an indoor confinement area;
               (4)  an indoor confinement area of adequate dimensions
  based on the size and type of animal;
               (5)  adequate construction and materials for
  confinement area walls, ceilings, and flooring, including adequate
  solid or solid slatted floor surface areas;
               (6)  appropriate ventilation in all indoor confinement
  areas to allow the free movement of air in and around the
  confinement area;
               (7)  proper temperatures in indoor and outdoor
  confinement areas to protect the health and well-being of the
  animals based on the age, breed, physical condition, and type of
  animal;
               (8)  proper methods for minimizing odors, drafts,
  ammonia levels, and condensation in all housing facilities and
  recreational areas;
               (9)  adequate lighting in indoor confinement areas that
  allows observation of the physical condition of the animals housed
  in the area and routine inspection and cleaning; and
               (10)  adequate types, quantities, and placement of fire
  extinguishers, smoke detectors, and carbon monoxide detectors for
  indoor confinement areas.
         (b)  The standards must prohibit:
               (1)  a commercial breeder from housing females in
  estrus with unneutered males, except for breeding purposes;
               (2)  the placement of primary enclosures more than 12
  inches above the floor or on top of another primary enclosure; and
               (3)  the tethering or leashing of animals in a facility
  as a means of confinement.
         Sec. 802.254.  SANITATION STANDARDS. The department shall
  establish standards to ensure that commercial breeders provide:
               (1)  suitable methods to daily eliminate feces and
  excess fluids from confinement areas, to weekly disinfect
  impervious surfaces, and to remove animals from a confinement area
  when a hose or pressure washer is used;
               (2)  adequate sanitation practices, including bedding
  sanitation, food and water contamination prevention, and isolation
  of animals with infectious or contagious diseases; and
               (3)  adequate methods for employees to disinfect their
  hands and shoes after handling isolated animals.
         Sec. 802.255.  EXERCISE AND GROOMING STANDARDS.  (a)  The
  department shall establish standards to ensure that commercial
  breeders provide adequate exercise areas to allow animals eight
  weeks of age and older the opportunity for daily exercise. The
  standards must provide that animals exercised in groups are
  compatible and free of illness.
         (b)  The department shall establish bathing and grooming
  standards to ensure that commercial breeders keep animals clean and
  comfortable.
         Sec. 802.256.  SOCIALIZATION STANDARDS; STANDARDS FOR
  PUPPIES AND KITTENS.  (a)  The department shall establish standards
  to ensure that commercial breeders provide:
               (1)  adequate socialization by physical contact with
  other compatible animals of the same or like breed and human beings;
  and
               (2)  adequate care of puppies and kittens, including
  housing of puppies and kittens with their mothers until an
  appropriate age.
         (b)  The department shall prohibit a commercial breeder from
  selling, trading, or giving away an animal before the animal is 12
  weeks of age.
         Sec. 802.257.  HEALTH AND HANDLING STANDARDS.  (a)  The
  department shall establish standards to ensure that commercial
  breeders provide:
               (1)  proper handling, treatment, and immunization of
  animals for disease, parasite, and pest control, including proper
  care by a veterinarian and written health records for each animal;
               (2)  adequate methods for animal identification and
  tracking that are nontransferable;
               (3)  proper handling of animals to prevent trauma,
  behavioral stress, physical harm, or discomfort to the animal;
               (4)  proper breeding procedures for male and female
  animals; and
               (5)  proper handling of animals during transportation
  to ensure the safety and well-being of the animals transported,
  including the provision of adequate food, water, exercise, cage
  size and structure, temperature, and observation and proper care
  for females in estrus.
         (b)  A person may not sell or transport into, out of, or
  within this state an animal that is less than 12 weeks of age for a
  direct or indirect sale or for an exchange in return for
  consideration.
         Sec. 802.258.  STAFFING STANDARDS.  (a)  The department
  shall establish standards to ensure that commercial breeders
  provide:
               (1)  adequate staffing; and
               (2)  adequate training for staff in animal welfare,
  care, and proper supervision.
         (b)  The department shall prohibit a commercial breeder from
  employing an employee or independent contractor who has been
  convicted of cruelty to or neglect of animals under the laws of this
  state or of any other jurisdiction.
         Sec. 802.259.  ADDITIONAL STANDARDS.  The department may
  establish any additional standards considered necessary to protect
  the public health and the welfare of animals covered under this
  chapter.
  [Sections 802.260-802.300 reserved for expansion]
  SUBCHAPTER G. RETAIL SALES OF DOGS AND CATS
         Sec. 802.301.  DISCLOSURE. (a)  Each dealer shall deliver
  to each retail purchaser of an animal a written disclosure that
  includes the following:
               (1)  the commercial breeder's name, address, United
  States Department of Agriculture license number, and commercial
  breeder license number;
               (2)  the name, address, and United States Department of
  Agriculture license number of any broker who has had possession of
  the animal;
               (3)  the date of the animal's birth;
               (4)  the date the dealer received the animal;
               (5)  the breed, sex, color, and identifying marks of
  the animal;
               (6)  the individual identifying tag, tattoo,
  microchip, or collar number;
               (7)  the name and registration number of the sire and
  dam and the litter number; and
               (8)  a record of inoculations, worming treatments, and
  medication received by the animal while in the possession of the
  dealer.
         (b)  The written disclosure must include:
               (1)  a statement signed by the dealer that the animal
  does not have any known health problem or that discloses any known
  health problem; and
               (2)  a statement signed by a veterinarian that lists
  any treatments the animal has received and any recommendations for
  future treatment.
         (c)  The written disclosure required under this section is a
  part of the purchaser rights required under this subchapter.
         (d)  Except as provided by this subsection, a written
  disclosure is not required for a mixed breed animal if the
  information is not available and cannot be determined by the
  dealer.  The dealer must disclose all known health problems and
  medical records of a mixed breed animal.
         Sec. 802.302.  RECORDS. The dealer shall retain until the
  first anniversary of the date of issuance a copy of the statement of
  purchaser rights delivered to the retail purchaser.
         Sec. 802.303.  REGISTRATION. (a)  A dealer who represents
  an animal as eligible for registration with an animal pedigree
  organization shall, not later than the 90th day after the date the
  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. 802.304.  EXAMINATION BY VETERINARIAN. (a)  A broker
  or dealer may not offer an animal for sale to a retail purchaser
  unless the animal has been examined by a veterinarian.
         (b)  A veterinarian who examines an animal for a broker may
  not be the same veterinarian who examines the animal for a dealer.
         (c)  If a dealer is not the breeder of an animal, the animal
  must be examined by a veterinarian:
               (1)  not later than the second day after the date the
  dealer receives the animal; and
               (2)  not later than the fourth day after the date the
  dealer delivers the animal to the purchaser.
         (d)  The dealer shall pay the cost of the veterinarian
  examination required under Subsection (c).
         Sec. 802.305.  RIGHTS OF PURCHASER. (a)  An animal is
  considered unfit for sale by a dealer if:
               (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
  purchaser for the deceased animal; or
               (2)  a refund of the full purchase price and
  reimbursement of all reasonable veterinary fees incurred by the
  purchaser for the deceased 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,
  providing a replacement is available; or
               (3)  retention of the animal with a health problem by
  the purchaser and reimbursement of reasonable veterinary fees for
  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.
         Sec. 802.306.  RESPONSIBILITIES OF PURCHASER. (a)  To be
  eligible for the remedies provided in Section 802.305, the retail
  purchaser of an animal with a health problem shall:
               (1)  notify the dealer not later than the fifth
  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. 802.307.  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 802.301 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
  802.301.
         Sec. 802.308.  CONTEST OF RELIEF; CIVIL ACTION. (a)  A
  dealer seeking to contest a demand for relief specified in Section
  802.303 or 802.305 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
  802.305.
         (b)  If the dealer does not provide the relief selected by
  the retail purchaser under Section 802.303 or 802.305, 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. 802.309.  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. 802.310.  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 G, Chapter 802,
  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
  802.301.
         Sec. 802.311.  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 802.312-802.350 reserved for expansion]
  SUBCHAPTER H.  DISCIPLINARY ACTION
         Sec. 802.351.  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 a sanction;
               (3)  failure to pay a civil penalty;
               (4)  failure to meet a standard of care adopted by the
  department 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 of cruelty to animals under the laws of
  this state or any other jurisdiction by a commercial breeder or any
  owner, partner, director, officer, member, manager, employee, or
  agent of a commercial breeder.
         (b)  A person whose commercial breeder license is revoked may
  not reapply for a commercial breeder license before the second
  anniversary of the date of revocation. The department shall
  permanently revoke a commercial breeder license if the basis for
  the revocation was a conviction of animal cruelty.
         (c)  A person whose commercial breeder license is suspended
  or revoked twice is permanently barred from holding a license under
  this chapter.
         Sec. 802.352.  RIGHT TO HEARING; ADMINISTRATIVE PROCEDURE.
  (a)  A license holder or applicant for a commercial breeder license
  is entitled to a hearing conducted by the State Office of
  Administrative Hearings if the department proposes to deny,
  suspend, or revoke a license.
         (b)  A proceeding under this chapter to deny, suspend, or
  revoke a license is a contested case under Chapter 2001, Government
  Code.
         Sec. 802.353.  ENFORCEMENT PROCEEDINGS; INJUNCTION.
  (a)  The department, the attorney general, or the district, county,
  or city attorney for the county or municipality in which a facility
  is located may bring an appropriate administrative or judicial
  proceeding to enforce this chapter or any rule adopted under this
  chapter.
         (b)  The department, the attorney general, or the district,
  county, or city attorney for the county or municipality in which a
  facility is located may initiate an action for an injunction to
  prohibit a person from violating this chapter or any rule adopted
  under this chapter.
         Sec. 802.354.  CIVIL PENALTY. (a)  A person who violates
  this chapter or any rule adopted under this chapter is liable to
  this state for a civil penalty of not less than $200 or more than
  $5,000 for each violation.  Each animal to which the violation
  applies and each day that violation continues constitutes a
  separate violation.
         (b)  The amount of the penalty shall be based on:
               (1)  the seriousness of the violation;
               (2)  the history of previous violations;
               (3)  the amount necessary to deter a future violation;
  and
               (4)  any other matter that justice may require.
         (c)  The department or the attorney general may sue to
  collect a civil penalty under this section. In the suit the state
  may recover the reasonable expenses incurred in obtaining the
  penalty, including investigation and court costs, reasonable
  attorney's fees, witness fees, and other expenses.
         Sec. 802.355.  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 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.  An offense under this subsection is a Class B
  misdemeanor. It is a defense to prosecution for an offense under
  this subsection that the dealer was a humane society or a local
  animal control authority.
         (c)  A dealer commits an offense if the dealer knowingly
  possesses an animal under the age of 12 weeks for the purpose of
  reselling the animal to another person.  An offense under this
  subsection is a Class C misdemeanor.  It is a defense to prosecution
  for an offense under this subsection that the dealer was a humane
  society or a local animal control authority.
         (d)  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 state jail felony.
         (e)  An unlicensed commercial breeder commits an offense if
  the breeder advertises animals for sale.  An offense under this
  subsection is a Class C misdemeanor.
         (f)  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 B misdemeanor.
         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)  three members for terms expiring February 1, 2013.
         SECTION 4.  Not later than June 1, 2010, the Department 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.