82R18530 MAW-F
 
  By: Thompson, Pitts, Rodriguez, Lucio III, H.B. No. 1451
      Branch, et al.
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the licensing and regulation of certain dog and cat
  breeders; 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.  DOG OR CAT BREEDERS
  SUBCHAPTER A.  GENERAL PROVISIONS
         Sec. 802.001.  SHORT TITLE.  This chapter may be cited as the
  Dog or Cat Breeders Act.
         Sec. 802.002.  DEFINITIONS.  In this chapter:
               (1)  "Adult animal" means an animal six months of age or
  older.
               (2)  "Animal" means a dog or a cat.
               (3)  "Cat" means a mammal that is wholly or partly of
  the species Felis domesticus.
               (4)  "Commission" means the Texas Commission of
  Licensing and Regulation under Chapter 51.
               (5)  "Controlling person" means an individual who:
                     (A)  is a partner, manager, director, officer, or
  member of a dog or cat breeder;
                     (B)  possesses the authority to set policy or
  direct management of a dog or cat breeder; or
                     (C)  possesses a direct or indirect control of 25
  percent or more of a dog or cat breeder.
               (6)  "Department" means the Texas Department of
  Licensing and Regulation under Chapter 51.
               (7)  "Dog" means a mammal that is wholly or partly of
  the species Canis familiaris.
               (8)  "Dog or cat breeder" means a person who possesses
  11 or more adult intact female animals and is engaged in the
  business of breeding those animals for direct or indirect sale or
  for exchange in return for consideration.
               (9)  "Facility" means the premises used by a dog or cat
  breeder for keeping or breeding animals. The term includes all
  buildings, property, and confinement areas used to conduct the
  breeding business.
               (10)  "Federal regulations" means the specifications
  for the humane handling, care, treatment, and transportation of
  dogs and cats set forth in 9 C.F.R. Part 3, Subpart A.
               (11)  "Intact female animal" means a female animal that
  has not been spayed and is capable of reproduction.
               (12)  "Kitten" means a cat less than six months old.
               (13)  "Licensed breeder" means a dog or cat breeder who
  holds a license issued under this chapter.
               (14)  "Possess" means to have custody of or control
  over.
               (15)  "Primary enclosure" means any structure used to
  restrict an animal to a limited amount of space.  The term includes
  a room, pen, run, cage, or compartment.
               (16)  "Puppy" means a dog less than six months old.
               (17)  "Third-party inspector" means any of the
  following entities with which the department contracts under
  Section 802.062, including an employee of the entity:
                     (A)  a state agency; or
                     (B)  a local law enforcement agency or fire
  department.
               (18)  "Veterinarian" means a veterinarian in good
  standing and licensed to practice veterinary medicine in this
  state.
         Sec. 802.003.  APPLICABILITY OF CHAPTER. (a)  This chapter
  does not affect the applicability of any other law, rule, order,
  ordinance, or other legal requirement of the federal government,
  this state, or a political subdivision of this state.
         (b)  This chapter does not prevent a municipality or county
  from prohibiting or further regulating by order or ordinance the
  possession, breeding, or selling of dogs or cats.
         (c)  This chapter does not apply to an animal regulated under
  the Texas Racing Act (Article 179e, Vernon's Texas Civil Statutes).
         Sec. 802.004.  PRESUMPTION OF USE FOR BREEDING. For
  purposes of this chapter, each adult intact female animal possessed
  by a person engaged in the business of breeding animals for direct
  or indirect sale or for exchange in return for consideration is
  presumed to be used for breeding purposes unless the person
  establishes to the satisfaction of the department, based on the
  person's breeding records or other evidence reasonably acceptable
  to the department, that the animal is not used for breeding.
  [Sections 802.005-802.050 reserved for expansion]
  SUBCHAPTER B.  POWERS AND DUTIES OF COMMISSION AND DEPARTMENT
         Sec. 802.051.  GENERAL POWERS AND DUTIES; RULES.  (a)  The
  department shall administer and enforce this chapter.
         (b)  The commission shall adopt rules necessary to
  administer and enforce this chapter.
         Sec. 802.052.  FEES.  The commission by rule shall establish
  reasonable and necessary fees in amounts sufficient to cover the
  costs of administering and enforcing this chapter.  In setting the
  fee for inspecting or licensing a facility, the commission may
  consider the number of adult intact female animals used for
  breeding at the facility.
         Sec. 802.053.  PERSONNEL.  The department may employ
  personnel necessary to carry out the functions and duties of the
  department under this chapter.
         Sec. 802.054.  EXPENSES.  The department may authorize
  disbursements necessary to implement this chapter, including
  disbursements for office expenses, equipment costs, and other
  necessary facilities.
         Sec. 802.055.  CRIMINAL BACKGROUND CHECKS.  The department
  shall conduct a criminal background check on each applicant who
  submits an application for a license under this chapter and on any
  controlling person of the applicant.  The department may, as
  permitted by law:
               (1)  examine any criminal conviction, guilty plea, or
  deferred adjudication of the applicant or controlling person; and
               (2)  obtain any criminal history or record of the
  applicant or controlling person.
         Sec. 802.056.  DIRECTORY.  (a)  The department shall
  maintain a directory of licensed breeders and of third-party
  inspectors registered under this chapter.
         (b)  The department shall make the directory available to the
  public.
         Sec. 802.057.  DISCIPLINARY DATABASE. (a)  The department
  shall maintain a database of dog or cat breeders who have been
  subject to disciplinary action as provided by Subchapter F.
         (b)  The department shall make the information maintained in
  the database available to the public.
         Sec. 802.058.  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.
         Sec. 802.059.  DOG OR CAT BREEDER TRAINING AND ENFORCEMENT
  ACCOUNT. (a)  The dog or cat breeder training and enforcement
  account is an account in the general revenue fund. Administrative
  penalties collected under Subchapter F shall be deposited to the
  credit of the account.
         (b)  Funds in the account may be appropriated only to the
  department for:
               (1)  promoting consumer awareness of this chapter and
  rules adopted under this chapter;
               (2)  supporting educational seminars, training
  activities, or other projects designed to benefit the department's
  ability to administer this chapter;
               (3)  paying for information resulting in disciplinary
  action under Subchapter F against a person for acting as a dog or
  cat breeder without holding a license issued under this chapter;
  and
               (4)  taking any other action to improve the
  department's ability to investigate violations of and enforce this
  chapter.
         (c)  The commission by rule may provide for a system to pay
  for information described by Subsection (b)(3).  Rules adopted
  under this subsection must ensure that a public purpose is
  accomplished through the use of the payment system.
         (d)  The department may solicit and accept gifts, grants, and
  other donations from any source for deposit into the account.
         (e)  The account is exempt from the application of Section
  403.095, Government Code.
         Sec. 802.060.  REGULATION OF THIRD-PARTY INSPECTORS. The
  commission by rule shall establish:
               (1)  training requirements for a third-party
  inspector;
               (2)  registration procedures for a third-party
  inspector; and
               (3)  policies governing the acts of a third-party
  inspector in conducting an inspection or investigation.
         Sec. 802.061.  REGISTRATION OF CERTAIN EMPLOYEES OF LICENSED
  BREEDERS. The commission by rule may establish registration
  procedures for any person whose duties and responsibilities include
  the handling of or caring for an animal in a licensed breeder's
  facility.
         Sec. 802.062.  CONTRACTS FOR ENFORCEMENT. The department
  may contract with a third-party inspector to enforce or assist in
  the enforcement of this chapter and rules adopted under this
  chapter, including the performance of inspections and
  investigations required under this chapter.
         Sec. 802.063.  INSPECTIONS. (a)  The department shall
  inspect each facility of a licensed breeder at least once in every
  18-month period and at other times as necessary to ensure
  compliance with this chapter and rules adopted under this chapter.
         (b)  The inspection must be conducted during the facility's
  normal business hours, and the licensed breeder or a representative
  of the licensed breeder may be present during the inspection.
         (c)  The department or third-party inspector may not provide
  advance notice to the licensed breeder or a representative of the
  licensed breeder before arriving at the facility.  The licensed
  breeder or its representative shall, on request of an inspector,
  assist the inspector in performing the inspection.
         (d)  In conducting an inspection under this section, an
  inspector may not enter or access any portion of a private residence
  of a licensed breeder except as necessary to access animals,
  documents, records, or other property relevant to the inspection.
         (e)  The inspector shall submit an inspection report to the
  department not later than the 10th day after the date of the
  inspection on a form prescribed by the department and provide a copy
  of the report to the licensed breeder or its representative.
         Sec. 802.064.  INVESTIGATIONS.  On receipt of a complaint
  alleging a violation of this chapter or a rule adopted under this
  chapter, the department or a third-party inspector designated by
  the department shall investigate the alleged violation.
         Sec. 802.065.  REPORTING ANIMAL CRUELTY.  A person
  conducting an inspection under Section 802.063 or 802.103 or an
  investigation under Section 802.064 shall notify the appropriate
  local law enforcement agency not later than 24 hours after
  discovering evidence of animal cruelty or neglect during the
  inspection or investigation.
         Sec. 802.066.  ADVISORY COMMITTEE. (a) The commission
  shall establish an advisory committee to advise the commission and
  make recommendations on matters related to the administration and
  enforcement of this chapter, including licensing fees and standards
  adopted under Subchapter E.
         (b)  The advisory committee consists of nine members
  appointed by the presiding officer of the commission with the
  approval of the commission as follows:
               (1)  two members who are licensed breeders;
               (2)  two members who are veterinarians;
               (3)  two members who represent animal welfare
  organizations;
               (4)  two members who represent the public; and
               (5)  one member who is an animal control officer as
  defined in Section 829.001, Health and Safety Code.
         (c)  Members of the advisory committee serve staggered
  four-year terms. The terms of four or five members expire on
  February 1 of each odd-numbered year. If a vacancy occurs during a
  member's term, the presiding officer of the commission, with the
  approval of the commission, shall appoint a replacement member to
  serve for the remainder of the unexpired term.
         (d)  The presiding officer of the commission shall designate
  one member of the advisory committee to serve as presiding officer
  of the advisory committee for a two-year term. A member may serve
  more than one term as presiding officer.
         (e)  The advisory committee shall meet annually and at the
  call of the presiding officer of the advisory committee, the
  presiding officer of the commission, or the executive director of
  the department.
         (f)  Except for the members described by Subsection (b)(1), a
  person may not be a member of the advisory committee if the person
  or a member of the person's household:
               (1)  is required to be licensed under this chapter;
               (2)  is an officer, employee, or paid consultant of an
  entity required to be licensed under this chapter;
               (3)  owns or controls, either directly or indirectly,
  more than a 10 percent interest in an entity required to be licensed
  under this chapter; or
               (4)  is required to register as a lobbyist under
  Chapter 305, Government Code, because of the person's activities
  for compensation on behalf of an entity required to be licensed
  under this chapter.
         (g)  The presiding officer of the commission may remove from
  the advisory committee a member who is ineligible for membership
  under Subsection (f).
         (h)  A member may not receive compensation for service on the
  advisory committee. Subject to the department's budget and any
  limitation provided by the General Appropriations Act, a committee
  member may receive reimbursement for the actual and necessary
  expenses incurred while performing advisory committee duties.
         (i)  A decision of the advisory committee is effective only
  on a majority vote of the members present.
         (j)  Chapter 2110, Government Code, does not apply to the
  size, composition, or duration of the advisory committee or to the
  appointment of the committee's presiding officer.
  [Sections 802.067-802.100 reserved for expansion]
  SUBCHAPTER C. LICENSING OF DOG OR CAT BREEDERS
         Sec. 802.101.  LICENSE REQUIRED.  (a)  A person may not act
  as, offer to act as, or represent that the person is a dog or cat
  breeder in this state unless the person holds a license under this
  chapter for each facility that the person owns or operates in this
  state.  A license for a single facility may cover more than one
  building on the same premises.
         (b)  The commission by rule may establish requirements for
  issuance or renewal of a license issued to a dog or cat breeder
  under this chapter.
         Sec. 802.102.  APPLICATION.  An applicant for a license
  under this chapter must:
               (1)  submit to the department a completed application
  on a form prescribed by the department;
               (2)  submit to the department the information regarding
  the applicant's facilities and operations requested by the
  department;
               (3)  demonstrate that the applicant has satisfied the
  requirements of this chapter and rules adopted under this chapter;
  and
               (4)  pay to the department the required fee.
         Sec. 802.103.  PRELICENSE INSPECTION. (a)  Except as
  provided by Subsection (e), the department must inspect a facility
  before a license is issued for the facility.
         (b)  The department may not issue a license to a dog or cat
  breeder until the department receives a prelicense inspection
  report from the inspector in a format approved by the department
  certifying that the facility meets the requirements of this chapter
  and rules adopted under this chapter.
         (c)  Before the prelicense inspection may be conducted, each
  applicant must pay to the department the required inspection fee to
  be used to pay third-party inspectors and the reasonable expenses
  of the department related to its licensing and inspection duties
  under this chapter.
         (d)  An applicant whose facility does not meet the
  requirements of this chapter and rules adopted under this chapter
  as revealed by a prelicense inspection may, after correcting
  deficiencies noted in the inspection report, request another
  prelicense inspection by paying the required fee to the department.
         (e)  The department may not require a prelicense inspection
  of a facility for an applicant who:
               (1)  holds a current Class A animal dealers license
  issued under the Animal Welfare Act (7 U.S.C. Section 2131 et seq.);
  and
               (2)  submits to the department:
                     (A)  a copy of the license; and
                     (B)  on a form prescribed by the department, a
  statement certifying that the facility meets the requirements of
  this chapter and rules adopted under this chapter.
         Sec. 802.104.  INITIAL LICENSE.  The department shall issue
  a license to each dog or cat 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. 802.105.  TERM; NONTRANSFERABILITY.  A license issued
  under this chapter 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 chapter.
         Sec. 802.106.  LICENSE RENEWAL.  (a)  A licensed breeder may
  renew the person's license by:
               (1)  submitting a renewal application to the department
  on the form prescribed by the department;
               (2)  complying with any other renewal requirements
  adopted by the department; and
               (3)  paying the required fee.
         (b)  A person whose license has expired may not engage in
  activities that require a license until the license has been
  renewed.
         (c)  The department may not renew the license of a person if
  the person is in violation of this chapter or any rule adopted under
  this chapter at the time of renewal.
         Sec. 802.107.  LICENSE DENIAL, REVOCATION, AND SUSPENSION.
  (a)  The department shall deny issuance of a license to, or refuse
  to renew the license of, a person if the person or a controlling
  person of the dog or cat breeder has pled guilty to, been convicted
  of, or received deferred adjudication for animal cruelty or neglect
  in this state or any other jurisdiction in the five years preceding
  the person's initial or renewal application for a license.
         (b)  The department shall revoke a license if, after the
  license is issued, the person or a controlling person of the dog or
  cat breeder pleads guilty to, is convicted of, or receives deferred
  adjudication for animal cruelty or neglect in this state or any
  other jurisdiction.
         (c)  The department may deny issuance of a license to, refuse
  to renew the license of, or revoke or suspend a license held by a
  person who:
               (1)  fails to meet the requirements of this chapter and
  rules adopted under this chapter;
               (2)  has had a similar license issued by a federal,
  state, or local authority denied, revoked, or suspended;
               (3)  has falsified any material information requested
  by the department;
               (4)  has failed to meet a standard adopted by rule under
  this chapter; or
               (5)  has failed to comply with any corrective action
  required under an inspection report in the time provided by the
  report.
  [Sections 802.108-802.150 reserved for expansion]
  SUBCHAPTER D.  PRACTICE BY LICENSED BREEDER
         Sec. 802.151.  DISPLAY OF LICENSE; APPLICABLE LAWS AND
  RULES; INCLUSION OF LICENSE NUMBER AND DEPARTMENT INFORMATION.  A
  licensed breeder shall:
               (1)  prominently display a copy of the license at the
  breeder's facility;
               (2)  maintain at the breeder's facility a printed copy
  of this chapter and rules adopted under this chapter as made
  available by the department;
               (3)  include the license number in each advertisement
  of the licensed breeder; and
               (4)  include in each contract for the sale or transfer
  of an animal by the licensed breeder:
                     (A)  the license number; and
                     (B)  the following statement: "Dog and cat
  breeders are regulated by the Texas Department of Licensing and
  Regulation, P.O. Box 12157, Austin, Texas 78711, 1-800-803-9202,
  512-463-6599, www.license.state.tx.us" or a similar statement
  adopted by commission rule that includes the department's name,
  mailing address, telephone numbers, and Internet website address.
         Sec. 802.152.  CHANGE IN LICENSE INFORMATION.  A licensed
  breeder shall notify the department in a manner prescribed by the
  department not later than the 10th day after the date any change
  occurs in the address, name, management, or controlling person of
  the business or operation.
         Sec. 802.153.  ANNUAL INVENTORY. (a) Not later than
  February 1 of each year, a licensed breeder shall submit to the
  department, on a form prescribed by the department, an accounting
  of all animals held at the facility at any time during the preceding
  calendar year.
         (b)  The licensed breeder shall keep copies of the items
  described by Subsection (a) at the licensed breeder's facility and
  shall make them available on request to the department or a
  third-party inspector designated by the department.
         (c)  A licensed breeder that has more than one facility
  shall:
               (1)  keep separate records for each facility; and
               (2)  submit a separate accounting of animals for each
  facility.
         Sec. 802.154.  ANIMAL RECORDS. (a) A licensed breeder shall
  maintain a separate record for each animal in the breeder's
  facility documenting the animal's care.
         (b)  The record must include:
               (1)  the date the animal entered the facility;
               (2)  if applicable, the name, address, and telephone
  number of the person from whom the animal was purchased or obtained;
               (3)  a description of the animal, including the
  animal's breed, sex, color, identifying marks, and weight;
               (4)  the date of birth of the animal or approximate age
  if the date of birth is unknown;
               (5)  any tattoo, microchip, or other identification
  number carried by or appearing on the animal;
               (6)  if the animal is a breeding female:
                     (A)  breeding dates;
                     (B)  dates the animal gave birth to a litter;
                     (C)  number of puppies or kittens for each litter
  of the animal; and
                     (D)  the name and identification of the sire or
  tom for each litter;
               (7)  all veterinary care provided for the animal,
  including a record of all inoculations, medications, and other
  veterinary medical treatment received by the animal while in the
  possession of the licensed breeder; and
               (8)  for an animal that was at the facility but is no
  longer at the facility:
                     (A)  the date of disposition or death of the
  animal; and
                     (B)  as applicable:
                           (i)  the name and address of the person to
  whom the animal was transferred; or
                           (ii)  the animal's cause of death.
         (c)  The licensed breeder shall make the animal records
  available on request to the department or a third-party inspector
  designated by the department.
         (d)  The commission by rule shall establish the retention
  period for records required under this section.
  [Sections 802.155-802.200 reserved for expansion]
  SUBCHAPTER E.  STANDARDS OF CARE AND CONFINEMENT
         Sec. 802.201.  ADOPTION OF STANDARDS. (a)  The commission
  shall adopt rules establishing minimum standards for the humane
  handling, care, housing, and transportation of dogs and cats by a
  dog or cat breeder to ensure the overall health, safety, and
  well-being of each animal in the breeder's possession.
         (b)  The standards adopted under this section must:
               (1)  at a minimum, meet federal regulations;
               (2)  require that, unless otherwise certified by a
  veterinarian in the manner prescribed by the department, a licensed
  breeder, if applicable, provide each dog 12 weeks of age and older
  with at least one hour of daily exercise in an area that:
                     (A)  has a surface that has adequate drainage and
  that will not adversely affect the dog's health or well-being, and
  that may be composed of natural turf or soil;
                     (B)  provides adequate protection against harsh
  weather, including exposure to the sun; and
                     (C)  has at least three times more square feet
  than the dog's primary enclosure;
               (3)  require that an adequate period consistent with
  breed standards elapse between the breeding cycles of each adult
  intact female animal;
               (4)  require that a dog or cat breeder provide basic
  grooming to each animal, including bathing and nail trimming, as
  needed to prevent any condition that adversely affects the animal's
  health and cleanliness;
               (5)  require that all primary enclosures:
                     (A)  be composed of materials that are safe for
  the animal based on the animal's breed, size, and age;
                     (B)  have adequate space to allow the animal to
  comfortably stand, sit, turn around, and lie down in a natural
  position;
                     (C)  have adequate drainage; and
                     (D)  if any portion of the floor surface is
  composed of wire or a slatted material, be free from any protruding,
  sharp surfaces and be designed so the animal's paws are unable to
  extend through, or become caught in, the floor;
               (6)  prohibit the placement of a primary enclosure of
  an animal on top of the primary enclosure of another animal, unless
  an impervious barrier designed to prevent the transfer of any
  liquid or animal waste from one enclosure to the other is placed
  between the enclosures;
               (7)  prohibit the stacking of the primary enclosures of
  dogs above three vertical levels;
               (8)  require at least one regular veterinary
  examination a year for a breeding animal;
               (9)  require that a dog or cat breeder maintain at each
  of the breeder's facilities a written health care management
  protocol that addresses routine and preventive care;
               (10)  ensure that necessary routine and preventive care
  is provided to each animal and that each animal receives
  appropriate care and treatment for any disease or illness that
  affects the animal's health or well-being;
               (11)  prohibit a person from euthanizing an animal or
  performing a surgical birth of an animal unless the person is a
  veterinarian;
               (12)  require appropriate training for any person whose
  duties and responsibilities include the handling of or caring for
  an animal in a dog or cat breeder's facility; and
               (13)  prohibit a dog or cat breeder from selling,
  trading, or giving away an animal before the animal is eight weeks
  of age.
         (c)  The commission by rule may modify existing standards and
  establish additional standards or requirements as necessary to
  protect or improve the health and well-being of animals or to
  protect the health and safety of the public.
  [Sections 802.202-802.250 reserved for expansion]
  SUBCHAPTER F. ENFORCEMENT
         Sec. 802.251.  DISCIPLINARY ACTION; ADMINISTRATIVE PENALTY.  
  If a person violates this chapter or a rule adopted under this
  chapter, the person is subject to any action or penalty under
  Subchapter F or G, Chapter 51.
         SECTION 3.  Not later than January 1, 2012, the presiding
  officer of the Texas Commission of Licensing and Regulation shall
  appoint the members of the advisory committee established under
  Section 802.066, Occupations Code, as added by this Act.
         SECTION 4.  Not later than March 31, 2012, 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 dog or cat breeder is not required to:
               (1)  hold a license under that chapter to act as a dog
  or cat breeder before September 1, 2012; or
               (2)  comply with the standards adopted under Subchapter
  E, Chapter 802, Occupations Code, as added by this Act, before
  September 1, 2012.
         SECTION 6.  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, 2011.