Bill Text: TX HB1818 | 2021-2022 | 87th Legislature | Comm Sub
Bill Title: Relating to the source of dogs and cats sold by pet stores; providing a civil penalty.
Spectrum: Slight Partisan Bill (Democrat 10-6)
Status: (Engrossed - Dead) 2021-05-29 - Senate appoints conferees-reported [HB1818 Detail]
Download: Texas-2021-HB1818-Comm_Sub.html
By: Patterson, et al. | H.B. No. 1818 | |
(Senate Sponsor - Menéndez, Lucio) | ||
(In the Senate - Received from the House April 28, 2021; | ||
May 12, 2021, read first time and referred to Committee on Business & | ||
Commerce; May 21, 2021, reported adversely, with favorable | ||
Committee Substitute by the following vote: Yeas 9, Nays 0; | ||
May 21, 2021, sent to printer.) | ||
COMMITTEE SUBSTITUTE FOR H.B. No. 1818 | By: Hancock |
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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, 2021. | ||
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