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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 ON SALE OF DOGS AND CATS BY PET STORES |
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Sec. 206.001. DEFINITION. In this chapter, "pet store" |
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means a retail establishment that sells, offers to sell, or |
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facilitates the sale of animals not bred by the retail |
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establishment. The term does not include an individual who sells, |
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offers to sell, gives, or otherwise transfers dogs or cats raised or |
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bred, or both raised and bred, by the individual. |
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Sec. 206.002. PROHIBITION ON SALE OR OFFER FOR SALE OF DOG |
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OR CAT BY PET STORE. (a) Except as otherwise provided by this |
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section, a pet store may not sell a dog or cat. |
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(b) A pet store may provide space for the following entities |
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to showcase dogs or cats owned by the entities for the purpose of |
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adoption: |
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(1) an animal control agency, as that term is defined |
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by Section 92.001, Civil Practice and Remedies Code, or another |
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facility operated under contract with a governmental entity for the |
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purpose of collecting, impounding, or keeping stray, homeless, |
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abandoned, or unwanted dogs and cats that does not: |
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(A) obtain dogs or cats for compensation; or |
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(B) resell dogs or cats; or |
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(2) a nonprofit private organization that is exempt |
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from taxation under Section 501(a), Internal Revenue Code of 1986, |
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as an organization described by Section 501(c)(3) of that code, |
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that accepts homeless or unwanted dogs or cats with the purpose of |
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finding permanent homes for the dogs or cats, including an |
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organization that does not operate out of its own building but |
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houses dogs and cats in foster 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) is not located on the same premises as a |
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breeder or animal broker; and |
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(D) does not maintain any employee, volunteer, or |
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other personnel who is also an employee, volunteer, or other |
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personnel for a breeder or animal broker. |
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(c) A pet store that provides a space for an entity |
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described by Subsection (b) to showcase dogs or cats owned by the |
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entity for the purpose of adoption or purchase 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. |
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Sec. 206.003. CIVIL PENALTY; INJUNCTION. (a) A pet store |
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that violates Section 206.002 is liable to this state for a civil |
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penalty in an amount not to exceed $500 per day for each dog or cat |
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sold or offered for sale in violation of that section. |
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(b) The attorney general 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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SECTION 2. The change in law made by this Act applies only |
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to a dog or cat obtained by a pet store on or after the effective |
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date of this Act. A dog or cat obtained by a pet store before the |
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effective date of this Act is governed by the law in effect on the |
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date the dog or cat was obtained, and the former law is continued in |
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effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2025. |