83R7973 MAW-F

By: Kuempel H.B. No. 1449

A BILL TO BE ENTITLED

AN ACT

relating to licensing and regulation of dog and cat dealers; providing penalties and imposing fees.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Title 4, Occupations Code, is amended by adding Chapter 803 to read as follows:

CHAPTER 803. DOG AND CAT DEALERS

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 803.001. SHORT TITLE. This chapter may be cited as the Pet Protection Act.

Sec. 803.002. DEFINITIONS. In this chapter:

(1) "Animal" means a dog or a cat.

(2) "Cat" means a mammal that is wholly or partly of the species Felis domesticus.

(3) "Commission" means the Texas Commission of Licensing and Regulation.

(4) "Dealer" means a person who sells or offers to sell, at retail to the public for use as pets, not fewer than 21 animals in a calendar year.

(5) "Department" means the Texas Department of Licensing and Regulation.

(6) "Dog" means a mammal that is wholly or partly of the species Canis familiaris.

(7) "Possess" means to have custody of or control over.

(8) "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.

(9) "Veterinarian" means a person licensed under Chapter 801 to practice veterinary medicine.

Sec. 803.003. EXEMPTIONS. This chapter does not apply to:

(1) a nonprofit animal welfare organization, as defined by Section 821.021, Health and Safety Code; or

(2) an animal control authority, as defined by Section 822.041, Health and Safety Code.

Sec. 803.004. APPLICABILITY OF CHAPTER. (a) This chapter does not affect the applicability of any other law, rule, order, or other legal requirement of the federal government or this state. A county or municipality may adopt a rule, charter, or ordinance, issue an order, or impose a standard that does not conflict with this chapter or rules adopted under this chapter.

(b) This chapter is not intended to:

(1) affect the authority of a county or municipality to enforce a rule, charter, ordinance, order, or standard generally applicable to all businesses that relates to the rights, health, or safety of consumers; or

(2) conflict with or limit the enforcement of any law, rule, order, or other legal requirement of the federal government or this state relating to the humane treatment of animals.

(c) This chapter does not apply to an animal regulated under the Texas Racing Act (Article 179e, Vernon's Texas Civil Statutes).

SUBCHAPTER B. POWERS AND DUTIES OF COMMISSION AND DEPARTMENT

Sec. 803.051. 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. 803.052. FEES. The commission by rule shall establish reasonable and necessary fees in amounts sufficient to cover the costs of administering and enforcing this chapter. The fee for the issuance or renewal of a license may not exceed $100.

Sec. 803.053. DISCIPLINARY DATABASE. (a) The department shall maintain a database of dealers who have been subject to disciplinary action as provided by Subchapter G.

(b) The department shall make the information maintained in the database available to the public.

Sec. 803.054. 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. 803.055. INSPECTIONS. (a) At least once in every 12-month period, the department shall inspect each facility of a license holder. The department may inspect a facility of a license holder at any time the department determines inspection is necessary to ensure compliance with this chapter and rules adopted under this chapter.

(b) The department may not issue a license under this chapter to a person unless the department has inspected the facilities the applicant will use to house or sell animals.

(c) In an agreement with a county or municipality under Section 803.101, the department may authorize the county or municipality to conduct an inspection required by this chapter.

(d) The department shall require that any person conducting an inspection be specifically trained in detecting signs of animal cruelty and neglect.

SUBCHAPTER C. ADMINISTRATION BY COUNTY OR MUNICIPALITY

Sec. 803.101. AGREEMENT REGARDING ADMINISTRATION. The commission may enter into an agreement with a county or municipality in this state to allow the county or municipality to perform the licensing and inspection duties of the department under this chapter. An agreement between the commission and a county or municipality must:

(1) require the county or municipality to provide information to the department regarding each license issued by the county or municipality;

(2) include provisions requiring the commission to monitor the administration of this chapter by the county or municipality; and

(3) provide for the department to resume administration of this chapter following the expiration or termination of the agreement.

Sec. 803.102. FEES COLLECTED BY COUNTY OR MUNICIPALITY. Unless the agreement entered into by the commission and a county or municipality under Section 803.101 provides otherwise, the county or municipality is entitled to retain any fees collected by the county or municipality for an inspection or issuance or renewal of a license under this chapter.

SUBCHAPTER D. LICENSING AND RENEWAL REQUIREMENTS

Sec. 803.151. LICENSE REQUIRED. A person may not act as or offer to act as a dealer unless the person holds a license issued under this chapter.

Sec. 803.152. ISSUANCE OF LICENSE. The department shall issue a license to each dealer who:

(1) meets the requirements of this chapter and rules adopted under this chapter, as determined by the department following an inspection of the dealer's facilities under Section 803.055;

(2) applies to the department on the form prescribed by the department and under rules adopted by the commission; and

(3) pays the required fee.

Sec. 803.153. TERM OF LICENSE. A license issued under this chapter is valid for one year and may be renewed as provided by Chapter 51.

SUBCHAPTER E. PRACTICE BY LICENSE HOLDER

Sec. 803.201. DISPLAY OF LICENSE. A dealer shall prominently display the dealer's license at the facility or location at which the dealer is offering animals for sale.

Sec. 803.202. ADVERTISEMENTS. A dealer shall include the dealer's license number in each advertisement of the dealer.

Sec. 803.203. ANIMAL RECORDS. (a) Subject to Subsection (b), a dealer shall maintain records for each animal that the dealer sells or offers to sell or has sold or offered to sell. The records must include, for each animal:

(1) a description of the animal, including the animal's breed, sex, color, identifying marks, age, and weight;

(2) any tattoo, microchip, or other identification number carried by or appearing on the animal;

(3) the date the animal was obtained by the dealer;

(4) if the animal was obtained from an individual, the name and address of that individual, and if the individual was a dealer licensed by the United States Department of Agriculture under the Animal Welfare Act (7 U.S.C. Section 2131 et seq.), the individual's federal dealer identification number;

(5) if the animal is obtained in a manner other than as described by Subdivision (4), the time and location at which the animal was obtained;

(6) if known, the name of the animal's breeder and information regarding the sire and dam of the animal, including a breed or litter registration number;

(7) all veterinary care provided to the animal, including a record of all inoculations, medications, and other veterinary medical treatment received by the animal while in the possession of the dealer; and

(8) for an animal that is no longer in the dealer's possession:

(A) the date of sale, transfer, or death of the animal; and

(B) as applicable:

(i) the name and address of the person to whom the animal was sold or transferred; or

(ii) the animal's cause of death.

(b) A dealer shall retain the animal records until the second anniversary of the date of the sale, transfer, or death of the animal.

(c) A dealer shall make the animal records available during normal business hours on request to the department.

Sec. 803.204. NOTICE TO PURCHASER. A dealer shall provide to a purchaser of an animal a written notice containing:

(1) a summary of the animal's record maintained under Section 803.203;

(2) a statement, signed by a veterinarian, listing any veterinary treatments that have been provided to the animal and describing any treatments that have been prescribed by the veterinarian but that the animal has not received; and

(3) a statement, signed by the dealer, disclosing any congenital conditions or other illnesses affecting the animal at the time of the transaction that are known to the dealer, or stating that no conditions or illnesses are known to the dealer.

Sec. 803.205. VETERINARY EXAMINATION REQUIRED. A dealer may not sell or offer to sell an animal unless the animal has been examined by a veterinarian. The examination must include tests appropriate to the age and breed of the animal and, for an animal 18 months of age or older, tests to determine if the animal has a congenital or hereditary condition, disease, or illness that will adversely affect the health of the animal.

Sec. 803.206. RETURNED ANIMAL. A dealer shall provide prompt veterinary care to any animal that is returned to the dealer due to a congenital or hereditary condition, disease, or illness affecting the animal.

Sec. 803.207. PROHIBITED ACTS. (a) A dealer may not buy, sell, exhibit, or transport, or offer to buy, sell, exhibit, or transport, an animal that the dealer knows is stolen.

(b) A dealer may not sell an animal that is eight weeks of age or younger.

SUBCHAPTER F. STANDARDS OF ANIMAL CARE

Sec. 803.251. HUMANE HANDLING; OBSERVATION. A dealer shall ensure that all animals in the dealer's possession are handled humanely and in a manner that will not cause physical injury or harm to the animal. A dealer shall ensure that all animals in the dealer's possession are observed on a daily basis.

Sec. 803.252. VETERINARY CARE. (a) A dealer shall ensure that all animals in the dealer's possession are provided with appropriate care by a veterinarian to maintain the animal in good health, including all vaccinations required by state law or local ordinance.

(b) If a veterinarian determines that an animal suffers from a congenital or hereditary condition, disease, or illness that, in the veterinarian's professional opinion, requires euthanasia, the veterinarian shall promptly and humanely euthanize the animal.

(c) An animal that is found to have a contagious disease must be treated and kept apart from healthy animals.

Sec. 803.253. FOOD AND WATER. For each animal in a dealer's possession, the dealer shall:

(1) feed the animal with a wholesome, palatable, and nutritious food at least twice in a 24-hour period, at regular intervals not to exceed 12 hours between feedings, unless otherwise directed by a veterinarian;

(2) provide adequate food receptacles in each primary enclosure as necessary for the number of animals housed in the enclosure; and

(3) provide each animal with regular access to clean, fresh water, unless otherwise directed by a veterinarian.

Sec. 803.254. GENERAL HOUSING REQUIREMENTS. A dealer must house all animals in the dealer's possession in facilities that:

(1) are maintained at a temperature compatible with the health and well-being of the animals;

(2) are adequately ventilated by natural or mechanical means to provide for the health and well-being of the animals and to minimize drafts, odors, and moisture condensation; and

(3) provide adequate and appropriate lighting for the animals, including, as appropriate, adequate protection from exposure to the sun.

Sec. 803.255. PRIMARY ENCLOSURES. (a) A dealer must house all animals in the dealer's possession in primary enclosures.

(b) A primary enclosure used to house an animal must:

(1) be structurally sound and maintained in good repair;

(2) provide adequate space to allow the animal to comfortably stand, sit, turn around, and lie down with limbs outstretched;

(3) be composed of materials that are safe for the animal, including surfaces that do not absorb fluids and that can be thoroughly and repeatedly cleaned and disinfected without retaining odors; and

(4) provide for adequate drainage to allow for the efficient elimination of water and animal waste in order to keep the animal dry and to prevent contact with those substances by the animal.

(c) The floor surface of a primary enclosure must:

(1) be level;

(2) be designed so that the animal's paws are unable to extend through openings in the floor; and

(3) if any portion of the floor surface is composed of metal strands, have:

(A) strands with a diameter of one-eighth inch or larger that are coated with plastic or fiberglass; or

(B) sufficient padded surfaces on which the animal can rest.

Sec. 803.256. REGULAR CLEANING REQUIRED. A dealer shall regularly clean all facilities in which animals are housed or located in order to maintain a sanitary and healthy environment for the animals. The dealer must remove an animal from a primary enclosure at the time of cleaning. The dealer shall properly contain and dispose of all trash and waste products to prevent contamination, attracting pests, or the spread of disease.

Sec. 803.257. PREGNANT OR NURSING FEMALES. A dealer shall provide a box or pen that is isolated from other animals to house a pregnant dog for the purpose of providing the dog a safe and secure location at which to give birth and nurse puppies after birth. The box or pen must be designed to protect the puppies by keeping them warm and dry and safe from the danger of crushing or smothering by the dam.

SUBCHAPTER G. ENFORCEMENT

Sec. 803.301. ADMINISTRATIVE PENALTY. The commission or executive director of the department may impose an administrative penalty on a person under Subchapter F, Chapter 51. The amount of the administrative penalty may not be less than $50 or more than $1,000 for each violation. Each day a violation continues or occurs is a separate violation for the purpose of imposing a penalty.

Sec. 803.302. SANCTIONS. The commission may impose sanctions as provided by Section 51.353.

Sec. 803.303. CIVIL PENALTY. A district attorney, county attorney, or municipal attorney of a county or municipality that administers this chapter as provided by Subchapter C may institute an action to collect a civil penalty under Section 51.352.

SECTION 2. Not later than February 1, 2014, the Texas Commission of Licensing and Regulation, the Texas Department of Licensing and Regulation, and the executive director of the Texas Department of Licensing and Regulation, as appropriate, shall adopt rules and forms necessary to implement Chapter 803, Occupations Code, as added by this Act.

SECTION 3. (a) Except as provided by Subsection (b) of this section, this Act takes effect September 1, 2013.

(b) Sections 803.055 and 803.151, Occupations Code, and Subchapters E, F, and G, Chapter 803, Occupations Code, as added by this Act, take effect September 1, 2014.