BILL ANALYSIS

 

 

Senate Research Center

C.S.S.B. 876

88R22795 DIO-D

By: Flores; Whitmire

 

Criminal Justice

 

4/12/2023

 

Committee Report (Substituted)

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Background

 

 

Purpose

 

 

Bill Analysis

 

 

(Original Author's/Sponsor's Statement of Intent)

 

C.S.S.B. 876 amends current law relating to the licensing and regulation of dog and cat breeders and expands the applicability of an occupational license.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

 

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends Section 802.002(8), Occupations Code, as follows:

 

(8) Provides that "dog or cat breeder" means a person who possesses five 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. Deletes existing text providing that "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 and who sells or exchanges, or offers to sell or exchange, not fewer than 20 animals in a calendar year.

 

SECTION 2. Amends Sections 802.005(a) and (b), Occupations Code, as follows:

 

(a) Provides that Section 802.005 (Exemption for Certain Persons Who Breed Special Purpose Dogs) applies only to a dog bred with the intent that it be used primarily for certain purposes, including competing in field trials, hunting tests, breed or conformation shows, or similar organized performance events.

 

(b) Provides that Chapter 802 (Dog or Cat Breeders) does not apply to a person to the extent the person breeds dogs described by Subsection (a) for personal, noncommercial use.

 

SECTION 3. Requires the Texas Department of Licensing and Regulation, as soon as practicable after the effective date of this Act, to prescribe the forms and procedures necessary to implement the changes in law made by this Act.

 

SECTION 4. Provides that a dog or cat breeder who possesses five or more but fewer than 11 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 is not required to hold a license under Chapter 802, Occupations Code, to act as a dog or cat breeder before January 1, 2024, notwithstanding Section 802.002(8), Occupations Code, as amended by this Act.

 

SECTION 5. Effective date: September 1, 2023.