88R9899 JES-F
 
  By: Cain H.B. No. 3563
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the source of dogs and cats sold by pet stores;
  providing a civil penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Title 6, Business & Commerce Code, is amended by
  adding Chapter 205 to read as follows:
  CHAPTER 205. SALE OF DOGS AND CATS BY PET STORES
         Sec. 205.001.  DEFINITIONS. In this chapter:
               (1)  "Animal control agency" means a municipal or
  county animal control office, or a state, county, or municipal law
  enforcement agency, that collects, impounds, or keeps stray,
  homeless, abandoned, or unwanted animals.
               (2)  "Animal rescue organization" means a nonprofit
  private organization that is exempt from taxation under Section
  501(a), Internal Revenue Code of 1986, as an organization described
  by Section 501(c)(3) of that code, that accepts homeless or
  unwanted dogs or cats with the purpose of finding permanent homes
  for the dogs or cats, and that does not obtain dogs or cats from a
  breeder or animal seller for compensation.
               (3)  "Animal shelter" means a facility that collects,
  impounds, or keeps stray, homeless, abandoned, or unwanted dogs or
  cats.
               (4)  "Dog or cat breeder" has the meaning assigned by
  Section 802.002, Occupations Code.
               (5)  "Pet store" means a for-profit business that sells
  dogs or cats in a county with a population of 200,000 or more. The
  term does not include an individual who sells, gives, or otherwise
  transfers dogs or cats raised, bred, or both by the individual.
               (6)  "Qualified breeder" means a person that is
  qualified to provide a dog or cat to a pet store under Section
  205.003(a).
         Sec. 205.002.  SALE OF DOG OR CAT BY PET STORE. A pet store
  may not sell a dog or cat unless the pet store obtained the dog or
  cat from:
               (1)  an animal control agency;
               (2)  an animal shelter;
               (3)  an animal rescue organization; or
               (4)  a qualified breeder.
         Sec. 205.003.  QUALIFICATIONS FOR BREEDERS; VERIFICATION BY
  PET STORES.  (a)  Except as provided by Subsection (c), to qualify
  to provide a dog or cat to a pet store for purposes of Section
  205.002(4), a person must:
               (1)  if the person is located in this state, be a dog or
  cat breeder that holds a license under Chapter 802, Occupations
  Code; or
               (2)  if the person is not located in this state:
                     (A)  meet the standards for dog and cat breeders
  adopted under Section 802.201, Occupations Code;
                     (B)  hold the appropriate license or other permit
  required for a breeder in the state in which the person is located,
  if applicable; and
                     (C)  hold the appropriate license issued, or be
  exempt from licensing, by the United States Department of
  Agriculture under the Animal Welfare Act (7 U.S.C. Section 2131 et
  seq.).
         (b)  A pet store owner obtaining a dog or cat from a breeder
  qualified under Subsection (a)(2) shall require that the breeder:
               (1)  certify or provide documentation to establish that
  the breeder complies with the standards for dog and cat breeders
  adopted under Section 802.201, Occupations Code, which may include:
                     (A)  receipts for grooming and veterinary care;
  and
                     (B)  photographs of the exercise area showing
  compliance with the standards;
               (2)  provide proof the breeder holds a license or other
  permit issued by the state in which the breeder is located, if that
  state requires the breeder to hold a license or other permit; and
               (3)  provide:
                     (A)  proof of current licensure described by
  Subsection (a)(2)(C) and the breeder's inspection reports issued by
  the United States Department of Agriculture during the four years
  before the date the dog or cat is obtained; or
                     (B)  proof the breeder is exempt from that
  licensure by the United States Department of Agriculture. 
         (c)  A pet store may not obtain a dog or cat from a qualified
  breeder if the breeder's inspection reports issued by the United
  States Department of Agriculture during the preceding four years
  contain any of the following violations of the Animal Welfare Act (7
  U.S.C. Section 2131 et seq.):
               (1)  a direct or critical violation;
               (2)  an indirect no-access violation; or
               (3)  at least three indirect or non-critical violations
  that are:
                     (A)  related to the health and welfare of an
  animal;
                     (B)  not administrative in nature; and 
                     (C)  not violations described by Subdivision (2).
         Sec. 205.004.  MAINTENANCE OF RECORDS. (a) A pet store
  shall maintain a record documenting from which animal control
  agency, animal shelter, animal rescue organization, or qualified
  breeder the pet store obtained each dog or cat in the possession of
  the pet store for not less than one year following the date the pet
  store takes possession of the dog or cat.
         (b)  A pet store shall maintain records provided by a
  qualified breeder under Section 205.003 for not less than one year
  following the date the pet store takes possession of a dog or cat
  from that qualified breeder.
         (c)  A pet store shall make the records maintained under this
  section reasonably available for inspection by an animal control
  agency or other governmental entity.
         Sec. 205.005.  PUBLIC POSTING. A pet store shall post in a
  conspicuous location affixed to the enclosure of each dog or cat
  available for sale the name of the animal control agency, animal
  shelter, animal rescue organization, or qualified breeder from
  which the pet store obtained the dog or cat.
         Sec. 205.006.  CIVIL PENALTY. A pet store that violates
  Section 205.002 is liable to this state for a civil penalty in an
  amount not to exceed $500 for each dog or cat sold in violation of
  that section. The attorney general may bring an action to collect
  the civil penalty imposed under this section.
         SECTION 2.  The change in law made by this Act applies only
  to a dog or cat obtained by a pet store on or after the effective
  date of this Act. A dog or cat obtained by a pet store before the
  effective date of this Act is governed by the law in effect on the
  date the dog or cat was obtained, and the former law is continued in
  effect for that purpose.
         SECTION 3.  This Act takes effect September 1, 2023.