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A BILL TO BE ENTITLED
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AN ACT
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relating to the source of dogs and cats sold by pet stores; |
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providing a civil penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 6, Business & Commerce Code, is amended by |
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adding Chapter 206 to read as follows: |
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CHAPTER 206. PROHIBITION OF DOGS OR CATS FOR SALE BY PET STORES |
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Sec. 206.001. DEFINITIONS. (a) In this chapter: |
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(1) "Animal care facility" means a facility, including |
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an animal control agency as defined by Section 92.001, Civil |
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Practice and Remedies Code, operated by or under contract with any |
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governmental entity for the purpose of collecting, impounding, or |
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keeping stray, homeless, abandoned, or unwanted dogs or cats, and |
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that: |
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(A) does not obtain dogs or cats from a breeder, |
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broker, or other animal seller for the purpose of reselling those |
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dogs or cats, |
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(B) does not acquire dogs or cats by providing |
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payment or compensation; and |
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(C) does not resell dogs or cats. |
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(2) "Animal rescue organization" means a private |
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nonprofit organization that is exempt from taxation under Section |
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501(a), Internal Revenue Code of 1986, as an organization described |
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by Section 501(c)(3) of that code, that accepts homeless or |
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unwanted dogs or cats for the purpose of finding permanent homes for |
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the dogs or cats, including an organization that does not have its |
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own building and that maintains dogs and cats solely in foster |
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homes, and that: |
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(A) does not breed dogs or cats; |
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(B) does not obtain dogs or cats for |
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compensation; |
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(C) does not obtain dogs or cats from a breeder or |
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broker, unless the dogs or cats are relinquished by the breeder or |
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broker without compensation; |
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(D) is not located on the same premises as a |
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breeder or broker; and |
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(E) does not maintain any employee or other |
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personnel who is a breeder or broker or is employed by or otherwise |
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affiliated with a breeder or broker. |
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(3) "Breeder" means a person, including a business, |
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that breeds or raises dogs or cats for the purpose of selling, |
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exchanging, or otherwise transferring them to the public. |
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(4) "Broker" means a person, including a business, |
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that transfers dogs or cats for resale by another person or |
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business. |
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(5) "Offer to sell" means offering to sell, barter, |
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auction, give away, transfer, or otherwise dispose of a dog or cat |
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and includes advertising a dog or cat for sale. |
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(6) "Pet store" means a retail establishment that |
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sells, offers to sell, or facilitates the sale of animals bred by |
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another person. The term does not include an individual who sells, |
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offers for sale, gives, or otherwise transfers directly to a |
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purchaser or other transferee animals raised, bred, or both raised |
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and bred by the individual on the individual's residential |
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premises. |
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Sec. 206.002. PROHIBITION ON THE SALE OR OFFER FOR SALE OF |
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DOG OR CAT BY PET STORE. (a) Except as otherwise provided by this |
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section, a pet store shall not sell or offer to sell any dog or cat. |
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(b) A pet store may provide space for an animal care |
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facility or animal rescue organization to showcase dogs or cats |
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owned by the animal care facility or animal rescue organization for |
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the purpose of adoption. |
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(c) A pet store that provides a space to showcase dogs or |
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cats for adoption under Subsection (b) may not: |
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(1) have an ownership interest in the dogs or cats |
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offered for adoption; or |
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(2) receive a fee for providing a space for the |
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showcase of the dogs or cats. |
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Sec. 206.003. CIVIL PENALTY. A pet store that violates |
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Section 206.002 is liable to this state or to the county in which |
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the violation occurs for a civil penalty in an amount not to exceed |
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$500 per day for each dog or cat offered for sale or sold in |
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violation of this section. Each sale or offer for sale in violation |
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of Section 206.002 constitutes a separate violation. |
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(b) The attorney general, a district attorney, or a county |
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attorney may bring an action to: |
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(1) collect the civil penalty imposed under this |
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section; or |
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(2) obtain a temporary or permanent injunction to |
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restrain the violation. |
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(c) A civil penalty collected under Subsection (b) shall be |
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payable to the state, in an action brought by the attorney general, |
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or to the county in which the violation occurred, in an action |
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brought by a district attorney or county attorney. |
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SECTION 2. If any provision of this Act or its application |
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to any person or circumstance is held invalid, the invalidity does |
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not affect other provisions or applications of this Act that can be |
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given effect without the invalid provision or application, and to |
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this end the provisions of this Act are declared to be severable. |
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SECTION 3. The change in law made by this Act applies only |
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to pet stores selling or offering for sale dogs or cats on or after |
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the effective date of this Act. A pet store that sold or offered for |
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sale a dog or cat before the effective date of this Act is governed |
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by the law in effect on the date the dog or cat was sold or offered |
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for sale, and the former law is continued in effect for that |
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purpose. |
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SECTION 4. This Act takes effect September 1, 2025. |