Bill Text: TX HB2721 | 2019-2020 | 86th Legislature | Introduced

Texas House Bill 2721 (Prior Session Legislation)

Introduced

Bill Title: Relating to the source of dogs and cats sold by pet stores; providing a civil penalty.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2019-03-11 - Referred to Business & Industry [HB2721 Detail]

Download: Texas-2019-HB2721-Introduced.html

	86R14095 JES-D

	By: Reynolds	H.B. No. 2721



	A BILL TO BE ENTITLED
	AN ACT
	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) "Licensed breeder" means a dog or cat breeder, as
	that term is defined by Section 802.002, Occupations Code, who
	holds a license under Chapter 802, Occupations Code.
	(5) "Pet store" means a for-profit business that sells
	dogs or cats in a county with a population of 550,000 or more that is
	adjacent to a county with a population of 3.3 million 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.
	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 licensed breeder.
	Sec. 205.003. MAINTENANCE OF RECORDS. (a) A pet store
	shall maintain a record documenting from which animal control
	agency, animal shelter, animal rescue organization, or licensed
	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 make the records maintained under this
	section reasonably available for inspection by an animal control
	agency, animal shelter, animal rescue organization, or licensed
	breeder from which the pet store has received a dog or cat during
	the preceding 12 months.
	Sec. 205.004. 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 licensed breeder from which
	the pet store obtained the dog or cat.
	Sec. 205.005. 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, 2019.