BILL ANALYSIS
Senate Research Center |
S.B. 1652 |
89R9728 MLH-F |
By: Zaffirini et al. |
|
Business & Commerce |
|
4/30/2025 |
|
As Filed |
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
Retail pet stores often obtain dogs and cats from high-volume commercial breeding facilities, where conditions prioritize quantity over quality of care. This can lead to health and behavioral issues, increase veterinary costs for consumers, and contribute to pet overpopulation when animals are surrendered to shelters. What's more, some pet stores offer financing arrangements with high interest rates, creating unexpected financial burdens for families.
S.B. 1652 would prohibit the sale of dogs and cats in retail pet stores while allowing partnerships with shelters and rescue organizations to facilitate adoptions at no financial gain to the store. It also would establish civil penalties to ensure compliance.
By ensuring that pet adoptions come from reputable sources, S.B. 1652 would help reduce the number of pets entering shelters, protect consumers from costly and avoidable health issues, and promote responsible pet ownership.
As proposed, S.B. 1652 amends current law relating to the source of dogs and cats sold by pet stores and provides a civil penalty.
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 Title 6, Business & Commerce Code, by adding Chapter 206, as follows:
CHAPTER 206. PROHIBITION ON SALE OF DOGS AND CATS BY PET STORES
Sec. 206.001. DEFINITION. Defines "pet store."
Sec. 206.002. PROHIBITION ON SALE OR OFFER FOR SALE OF DOG OR CAT BY PET STORE. (a) Prohibits a pet store, except as otherwise provided by this section, from selling a dog or cat.
(b) Authorizes a pet store to provide space for the following entities to showcase dogs or cats owned by the entities for the purpose of adoption:
(1) an animal control agency, as that term is defined by Section 92.001 (Definitions), Civil Practice and Remedies Code, or another facility operated under contract with a governmental entity for the purpose of collecting, impounding, or keeping stray, homeless, abandoned, or unwanted dogs and cats that does not obtain dogs or cats for compensation or resell dogs or cats; or
(2) 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, including an organization that does not operate out of its own building but houses dogs and cats in foster homes, and that does not breed dogs or cats, does not obtain dogs or cats for compensation, is not located on the same premises as a breeder or animal broker, and does not maintain any employee, volunteer, or other personnel who is also an employee, volunteer, or other personnel for a breeder or animal broker.
(c) Prohibits a pet store that provides a space for an entity described by Subsection (b) to showcase dogs or cats owned by the entity for the purpose of adoption or purchase from having an ownership interest in the dogs or cats offered for adoption or receiving a fee for providing a space for the showcase.
Sec. 206.003. CIVIL PENALTY; INJUNCTION. (a) Provides that a pet store that violates Section 206.002 is liable to this state for a civil penalty in an amount not to exceed $500 per day for each dog or cat sold or offered for sale in violation of that section.
(b) Authorizes the attorney general to bring an action to collect the civil penalty imposed under this section or obtain a temporary or permanent injunction to restrain the violation.
SECTION 2. Makes application of this Act prospective.
SECTION 3. Effective date: September 1, 2025.