By: Flores, et al.  S.B. No. 876
         (In the Senate - Filed February 13, 2023; March 1, 2023,
  read first time and referred to Committee on Criminal Justice;
  April 17, 2023, reported adversely, with favorable Committee
  Substitute by the following vote:  Yeas 6, Nays 0, one present not
  voting; April 17, 2023, sent to printer.)
Click here to see the committee vote
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 876 By:  Miles
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the licensing and regulation of dog and cat breeders;
  expanding the applicability of an occupational license.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 802.002(8), Occupations Code, is amended
  to read as follows:
               (8)  "Dog or cat breeder" means a person who possesses
  five [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.  Sections 802.005(a) and (b), Occupations Code,
  are amended to read as follows:
         (a)  This section applies only to a dog bred with the intent
  that it be used primarily for:
               (1)  herding livestock, as defined by Section 1.003,
  Agriculture Code, or other agricultural uses;
               (2)  hunting, including tracking, chasing, pointing,
  flushing, or retrieving game; or
               (3)  competing in field trials, hunting tests, breed or
  conformation shows, or similar organized performance events.
         (b)  This chapter does not apply to a person to the extent the
  person breeds dogs described by Subsection (a) for personal,
  noncommercial use. A person described by this subsection may
  conduct direct or indirect sales or exchanges in return for
  consideration of dogs described by Subsection (a).
         SECTION 3.  As soon as practicable after the effective date
  of this Act, the Texas Department of Licensing and Regulation shall
  prescribe the forms and procedures necessary to implement the
  changes in law made by this Act.
         SECTION 4.  Notwithstanding Section 802.002(8), Occupations
  Code, as amended by this Act, 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.
         SECTION 5.  This Act takes effect September 1, 2023.
 
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