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AN ACT
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relating to the licensing and regulation of certain dog and cat |
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breeders; providing penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Title 4, Occupations Code, is |
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amended to read as follows: |
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TITLE 4. PROFESSIONS RELATED TO ANIMALS [ANIMAL HEALTH] |
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SECTION 2. Title 4, Occupations Code, is amended by adding |
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Chapter 802 to read as follows: |
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CHAPTER 802. DOG OR CAT BREEDERS |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 802.001. SHORT TITLE. This chapter may be cited as the |
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Dog or Cat Breeders Act. |
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Sec. 802.002. DEFINITIONS. In this chapter: |
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(1) "Adult animal" means an animal six months of age or |
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older. |
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(2) "Animal" means a dog or a cat. |
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(3) "Cat" means a mammal that is wholly or partly of |
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the species Felis domesticus. |
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(4) "Commission" means the Texas Commission of |
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Licensing and Regulation under Chapter 51. |
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(5) "Controlling person" means an individual who: |
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(A) is a partner, manager, director, officer, or |
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member of a dog or cat breeder; |
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(B) possesses the authority to set policy or |
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direct management of a dog or cat breeder; or |
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(C) possesses a direct or indirect control of 25 |
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percent or more of a dog or cat breeder. |
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(6) "Department" means the Texas Department of |
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Licensing and Regulation under Chapter 51. |
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(7) "Dog" means a mammal that is wholly or partly of |
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the species Canis familiaris. |
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(8) "Dog or cat breeder" means a person who possesses |
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11 or more adult intact female animals and is engaged in the |
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business of breeding those animals for direct or indirect sale or |
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for exchange in return for consideration and who sells or |
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exchanges, or offers to sell or exchange, not fewer than 20 animals |
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in a calendar year. |
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(9) "Facility" means the premises used by a dog or cat |
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breeder for keeping or breeding animals. The term includes all |
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buildings, property, and confinement areas used to conduct the |
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breeding business. |
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(10) "Federal regulations" means the specifications |
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for the humane handling, care, treatment, and transportation of |
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dogs and cats set forth in 9 C.F.R. Part 3, Subpart A. |
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(11) "Intact female animal" means a female animal that |
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has not been spayed and is capable of reproduction. |
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(12) "Kitten" means a cat less than six months old. |
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(13) "Licensed breeder" means a dog or cat breeder who |
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holds a license issued under this chapter. |
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(14) "Possess" means to have custody of or control |
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over. |
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(15) "Primary enclosure" means any structure used to |
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restrict an animal to a limited amount of space. The term includes |
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a room, pen, run, cage, or compartment. |
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(16) "Puppy" means a dog less than six months old. |
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(17) "Third-party inspector" means any of the |
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following entities with which the department contracts under |
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Section 802.061, including an employee of the entity: |
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(A) a state agency; or |
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(B) a local law enforcement agency or fire |
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department. |
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(18) "Veterinarian" means a veterinarian in good |
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standing and licensed to practice veterinary medicine in this |
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state. |
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Sec. 802.003. APPLICABILITY OF CHAPTER. (a) This chapter |
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does not affect the applicability of any other law, rule, order, |
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ordinance, or other legal requirement of the federal government, |
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this state, or a political subdivision of this state. |
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(b) This chapter does not prevent a municipality or county |
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from prohibiting or further regulating by order or ordinance the |
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possession, breeding, or selling of dogs or cats. |
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(c) This chapter does not apply to an animal regulated under |
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the Texas Racing Act (Article 179e, Vernon's Texas Civil Statutes). |
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Sec. 802.004. PRESUMPTION OF USE FOR BREEDING. For |
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purposes of this chapter, each adult intact female animal possessed |
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by a person engaged in the business of breeding animals for direct |
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or indirect sale or for exchange in return for consideration is |
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presumed to be used for breeding purposes unless the person |
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establishes to the satisfaction of the department, based on the |
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person's breeding records or other evidence reasonably acceptable |
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to the department, that the animal is not used for breeding. |
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Sec. 802.005. EXEMPTION FOR CERTAIN PERSONS WHO BREED |
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SPECIAL PURPOSE DOGS. (a) This section applies only to a dog bred |
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with the intent that it be used primarily for: |
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(1) herding livestock, as defined by Section 1.003, |
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Agriculture Code, or other agricultural uses; |
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(2) hunting, including tracking, chasing, pointing, |
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flushing, or retrieving game; or |
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(3) competing in field trials, hunting tests, or |
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similar organized performance events. |
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(b) This chapter does not apply to a person to the extent the |
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person breeds dogs described by Subsection (a) for personal use. A |
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person described by this subsection may conduct direct or indirect |
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sales or exchanges in return for consideration of dogs described by |
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Subsection (a). |
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(c) Notwithstanding Subsection (b), a person described by |
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Subsection (b) may be subject to the requirements of this chapter |
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based on the person's activities with respect to animals other than |
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dogs that are bred and used as described by this section. |
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(d) Dogs described by Subsection (a) may not be counted for |
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purposes of determining the number of adult intact female animals |
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possessed by a person as described by Section 802.002(8). |
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[Sections 802.006-802.050 reserved for expansion] |
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SUBCHAPTER B. POWERS AND DUTIES OF COMMISSION AND DEPARTMENT |
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Sec. 802.051. GENERAL POWERS AND DUTIES; RULES. (a) The |
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department shall administer and enforce this chapter. |
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(b) The commission shall adopt rules necessary to |
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administer and enforce this chapter. |
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Sec. 802.052. FEES. The commission by rule shall establish |
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reasonable and necessary fees in amounts sufficient to cover the |
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costs of administering and enforcing this chapter. In setting the |
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fee for inspecting or licensing a facility, the commission may |
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consider the number of adult intact female animals used for |
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breeding at the facility. |
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Sec. 802.053. PERSONNEL. The department may employ |
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personnel necessary to carry out the functions and duties of the |
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department under this chapter. |
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Sec. 802.054. EXPENSES. The department may authorize |
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disbursements necessary to implement this chapter, including |
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disbursements for office expenses, equipment costs, and other |
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necessary facilities. |
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Sec. 802.055. CRIMINAL BACKGROUND CHECKS. The department |
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shall conduct a criminal background check on each applicant who |
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submits an application for a license under this chapter and on any |
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controlling person of the applicant. The department may, as |
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permitted by law: |
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(1) examine any criminal conviction, guilty plea, or |
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deferred adjudication of the applicant or controlling person; and |
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(2) obtain any criminal history or record of the |
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applicant or controlling person. |
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Sec. 802.056. DIRECTORY. (a) The department shall |
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maintain a directory of licensed breeders and of third-party |
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inspectors registered under this chapter. |
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(b) The department shall make the directory available to the |
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public. |
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Sec. 802.057. DISCIPLINARY DATABASE. (a) The department |
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shall maintain a database of dog or cat breeders who have been |
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subject to disciplinary action as provided by Subchapter F. |
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(b) The department shall make the information maintained in |
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the database available to the public. |
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Sec. 802.058. CONSUMER INTEREST INFORMATION. (a) The |
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department shall prepare information of consumer interest |
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describing: |
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(1) the functions performed by the department under |
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this chapter; and |
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(2) the rights of a consumer affected by this chapter. |
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(b) The information must describe the procedure by which a |
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consumer complaint is filed with and resolved by the department. |
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(c) The department shall make the information available to |
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the public. |
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Sec. 802.059. DOG OR CAT BREEDER TRAINING AND ENFORCEMENT |
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ACCOUNT. (a) The dog or cat breeder training and enforcement |
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account is an account in the general revenue fund. Administrative |
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penalties collected under Subchapter F shall be deposited to the |
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credit of the account. |
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(b) Funds in the account may be appropriated only to the |
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department for: |
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(1) promoting consumer awareness of this chapter and |
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rules adopted under this chapter; |
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(2) supporting educational seminars, training |
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activities, or other actions designed to benefit the department's |
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ability to administer and enforce this chapter; and |
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(3) paying for information resulting in disciplinary |
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action under Subchapter F against a person for acting as a dog or |
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cat breeder without holding a license issued under this chapter. |
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(c) The commission by rule may provide for a system to pay |
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for information described by Subsection (b)(3). Rules adopted |
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under this subsection must ensure that a public purpose is |
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accomplished through the use of the payment system. |
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(d) The department may solicit and accept gifts, grants, and |
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other donations from any source for deposit into the account. |
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(e) The account is exempt from the application of Section |
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403.095, Government Code. |
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(f) The executive director of the department must approve |
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any expenditure from the account. |
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(g) The department shall report its use of the account in |
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its quarterly financial report to the commission. |
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Sec. 802.060. REGULATION OF THIRD-PARTY INSPECTORS. The |
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commission by rule shall establish: |
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(1) training requirements for a third-party |
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inspector; |
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(2) registration procedures for a third-party |
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inspector; and |
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(3) policies governing the acts of a third-party |
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inspector in conducting an inspection or investigation. |
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Sec. 802.061. CONTRACTS FOR ENFORCEMENT. The department |
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may contract with a third-party inspector to enforce or assist in |
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the enforcement of this chapter and rules adopted under this |
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chapter, including the performance of inspections and |
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investigations required under this chapter. |
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Sec. 802.062. INSPECTIONS. (a) The department shall |
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inspect each facility of a licensed breeder at least once in every |
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18-month period and at other times as necessary to ensure |
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compliance with this chapter and rules adopted under this chapter. |
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(b) The inspection must be conducted during the facility's |
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normal business hours, and the licensed breeder or a representative |
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of the licensed breeder must be given a reasonable opportunity to be |
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present during the inspection. |
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(c) If necessary to adequately perform the inspection, the |
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department or third-party inspector may determine it is appropriate |
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to not provide advance notice to the licensed breeder or a |
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representative of the licensed breeder before arriving at the |
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facility. The licensed breeder or its representative shall, on |
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request of an inspector, assist the inspector in performing the |
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inspection. |
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(d) In conducting an inspection under this section, an |
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inspector may not enter or access any portion of a private residence |
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of a licensed breeder except as necessary to access animals or other |
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property relevant to the care of the animals. The inspector may |
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request that relevant documents or records be provided for |
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inspection. |
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(e) The inspector shall submit an inspection report to the |
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department not later than the 10th day after the date of the |
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inspection on a form prescribed by the department and provide a copy |
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of the report to the licensed breeder or its representative. |
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Sec. 802.063. INVESTIGATIONS. On receipt of a complaint |
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alleging a violation of this chapter or a rule adopted under this |
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chapter, the department or a third-party inspector designated by |
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the department shall investigate the alleged violation. |
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Sec. 802.064. REPORTING ANIMAL CRUELTY. A person |
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conducting an inspection under Section 802.062 or 802.103 or an |
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investigation under Section 802.063 shall notify the appropriate |
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local law enforcement agency not later than 24 hours after |
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discovering evidence of animal cruelty or neglect during the |
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inspection or investigation. |
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Sec. 802.065. ADVISORY COMMITTEE. (a) The commission |
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shall establish an advisory committee to advise the commission and |
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make recommendations on matters related to the administration and |
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enforcement of this chapter, including licensing fees and standards |
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adopted under Subchapter E. |
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(b) The advisory committee consists of nine members |
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appointed by the presiding officer of the commission with the |
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approval of the commission as follows: |
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(1) two members who are licensed breeders; |
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(2) two members who are veterinarians; |
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(3) two members who represent animal welfare |
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organizations each of which has an office based in this state; |
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(4) two members who represent the public; and |
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(5) one member who is an animal control officer as |
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defined in Section 829.001, Health and Safety Code. |
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(c) Members of the advisory committee serve staggered |
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four-year terms. The terms of four or five members expire on |
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February 1 of each odd-numbered year. If a vacancy occurs during a |
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member's term, the presiding officer of the commission, with the |
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approval of the commission, shall appoint a replacement member to |
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serve for the remainder of the unexpired term. |
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(d) The presiding officer of the commission shall designate |
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one member of the advisory committee to serve as presiding officer |
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of the advisory committee for a two-year term. A member may serve |
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more than one term as presiding officer. |
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(e) The advisory committee shall meet annually and at the |
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call of the presiding officer of the advisory committee, the |
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presiding officer of the commission, or the executive director of |
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the department. |
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(f) Except for the members described by Subsection (b)(1), a |
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person may not be a member of the advisory committee if the person |
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or a member of the person's household: |
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(1) is required to be licensed under this chapter; |
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(2) is an officer, employee, or paid consultant of an |
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entity required to be licensed under this chapter; |
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(3) owns or controls, either directly or indirectly, |
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more than a 10 percent interest in an entity required to be licensed |
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under this chapter; or |
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(4) is required to register as a lobbyist under |
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Chapter 305, Government Code, because of the person's activities |
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for compensation on behalf of an entity required to be licensed |
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under this chapter. |
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(g) The presiding officer of the commission may remove from |
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the advisory committee a member who is ineligible for membership |
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under Subsection (f). |
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(h) A member may not receive compensation for service on the |
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advisory committee. Subject to the department's budget and any |
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limitation provided by the General Appropriations Act, a committee |
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member may receive reimbursement for the actual and necessary |
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expenses incurred while performing advisory committee duties. |
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(i) A decision of the advisory committee is effective only |
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on a majority vote of the members present. |
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(j) Chapter 2110, Government Code, does not apply to the |
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size, composition, or duration of the advisory committee or to the |
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appointment of the committee's presiding officer. |
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[Sections 802.066-802.100 reserved for expansion] |
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SUBCHAPTER C. LICENSING OF DOG OR CAT BREEDERS |
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Sec. 802.101. LICENSE REQUIRED. (a) A person may not act |
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as, offer to act as, or represent that the person is a dog or cat |
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breeder in this state unless the person holds a license under this |
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chapter for each facility that the person owns or operates in this |
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state. A license for a single facility may cover more than one |
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building on the same premises. |
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(b) The commission by rule may establish requirements for |
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issuance or renewal of a license issued to a dog or cat breeder |
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under this chapter. |
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Sec. 802.102. APPLICATION. An applicant for a license |
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under this chapter must: |
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(1) submit to the department a completed application |
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on a form prescribed by the department; |
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(2) submit to the department the information regarding |
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the applicant's facilities and operations requested by the |
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department; |
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(3) demonstrate that the applicant has satisfied the |
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requirements of this chapter and rules adopted under this chapter; |
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and |
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(4) pay to the department the required fee. |
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Sec. 802.103. PRELICENSE INSPECTION. (a) Except as |
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provided by Subsection (e), the department must inspect a facility |
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before a license is issued for the facility. |
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(b) The department may not issue a license to a dog or cat |
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breeder until the department receives a prelicense inspection |
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report from the inspector in a format approved by the department |
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certifying that the facility meets the requirements of this chapter |
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and rules adopted under this chapter. |
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(c) Before the prelicense inspection may be conducted, each |
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applicant must pay to the department the required inspection fee to |
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be used to pay third-party inspectors and the reasonable expenses |
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of the department related to its licensing and inspection duties |
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under this chapter. |
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(d) An applicant whose facility does not meet the |
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requirements of this chapter and rules adopted under this chapter |
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as revealed by a prelicense inspection may, after correcting |
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deficiencies noted in the inspection report, request another |
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prelicense inspection by paying the required fee to the department. |
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(e) The department may not require a prelicense inspection |
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of a facility for an applicant who: |
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(1) holds a current Class A animal dealers license |
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issued under the Animal Welfare Act (7 U.S.C. Section 2131 et seq.); |
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and |
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(2) submits to the department: |
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(A) a copy of the license; and |
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(B) on a form prescribed by the department, a |
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statement certifying that the facility meets the requirements of |
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this chapter and rules adopted under this chapter. |
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Sec. 802.104. INITIAL LICENSE. The department shall issue |
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a license to each dog or cat breeder who: |
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(1) meets the requirements of this chapter and rules |
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adopted under this chapter; |
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(2) applies to the department on the form prescribed |
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by the department; and |
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(3) pays the required fee. |
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Sec. 802.105. TERM; NONTRANSFERABILITY. A license issued |
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under this chapter is valid until the first anniversary of the date |
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of issuance and is nontransferable. The department shall include |
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the expiration date on each license issued under this chapter. |
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Sec. 802.106. LICENSE RENEWAL. (a) A licensed breeder may |
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renew the person's license by: |
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(1) submitting a renewal application to the department |
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on the form prescribed by the department; |
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(2) complying with any other renewal requirements |
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adopted by the department; and |
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(3) paying the required fee. |
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(b) A person whose license has expired may not engage in |
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activities that require a license until the license has been |
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renewed. |
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(c) The department may not renew the license of a person if |
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the person is in violation of this chapter or any rule adopted under |
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this chapter at the time of renewal. |
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Sec. 802.107. LICENSE DENIAL, REVOCATION, AND SUSPENSION. |
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(a) The department shall deny issuance of a license to, or refuse |
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to renew the license of, a person if the person or a controlling |
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person of the dog or cat breeder has pled guilty to, been convicted |
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of, or received deferred adjudication for animal cruelty or neglect |
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in this state or any other jurisdiction in the five years preceding |
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the person's initial or renewal application for a license. |
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(b) The department shall revoke a license if, after the |
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license is issued, the person or a controlling person of the dog or |
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cat breeder pleads guilty to, is convicted of, or receives deferred |
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adjudication for animal cruelty or neglect in this state or any |
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other jurisdiction. |
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(c) The department may deny issuance of a license to, refuse |
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to renew the license of, or revoke or suspend a license held by a |
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person who: |
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(1) fails to meet the requirements of this chapter and |
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rules adopted under this chapter; |
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(2) has had a similar license issued by a federal, |
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state, or local authority denied, revoked, or suspended; |
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(3) has falsified any material information requested |
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by the department; |
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(4) has failed to meet a standard adopted by rule under |
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this chapter; or |
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(5) has failed to comply with any corrective action |
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required under an inspection report in the time provided by the |
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report. |
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[Sections 802.108-802.150 reserved for expansion] |
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SUBCHAPTER D. PRACTICE BY LICENSED BREEDER |
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Sec. 802.151. DISPLAY OF LICENSE; APPLICABLE LAWS AND |
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RULES; INCLUSION OF LICENSE NUMBER AND DEPARTMENT INFORMATION. A |
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licensed breeder shall: |
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(1) prominently display a copy of the license at the |
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breeder's facility; |
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(2) maintain at the breeder's facility a printed copy |
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of this chapter and rules adopted under this chapter as made |
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available by the department; |
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(3) include the license number in each advertisement |
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of the licensed breeder; and |
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(4) include in each contract for the sale or transfer |
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of an animal by the licensed breeder: |
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(A) the license number; and |
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(B) the following statement: "Dog and cat |
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breeders are regulated by the Texas Department of Licensing and |
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Regulation, P.O. Box 12157, Austin, Texas 78711, 1-800-803-9202, |
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512-463-6599, www.license.state.tx.us" or a similar statement |
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adopted by commission rule that includes the department's name, |
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mailing address, telephone numbers, and Internet website address. |
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Sec. 802.152. CHANGE IN LICENSE INFORMATION. A licensed |
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breeder shall notify the department in a manner prescribed by the |
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department not later than the 10th day after the date any change |
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occurs in the address, name, management, or controlling person of |
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the business or operation. |
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Sec. 802.153. ANNUAL INVENTORY. (a) Not later than |
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February 1 of each year, a licensed breeder shall submit to the |
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department, on a form prescribed by the department, an accounting |
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of all animals held at the facility at any time during the preceding |
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calendar year. |
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(b) The licensed breeder shall keep copies of the items |
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described by Subsection (a) at the licensed breeder's facility and |
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shall make them available on request to the department or a |
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third-party inspector designated by the department. |
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(c) A licensed breeder that has more than one facility |
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shall: |
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(1) keep separate records for each facility; and |
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(2) submit a separate accounting of animals for each |
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facility. |
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Sec. 802.154. ANIMAL RECORDS. (a) The commission shall |
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adopt rules establishing the minimum information that a licensed |
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breeder must maintain for each animal in the breeder's facility. A |
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licensed breeder shall maintain a separate record for each animal |
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in the breeder's facility documenting the animal's care. |
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(b) The licensed breeder shall make the animal records |
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available on request to the department or a third-party inspector |
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designated by the department. |
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(c) The commission by rule shall establish the retention |
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period for records required under this section. |
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[Sections 802.155-802.200 reserved for expansion] |
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SUBCHAPTER E. STANDARDS OF CARE AND CONFINEMENT |
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Sec. 802.201. ADOPTION OF STANDARDS. (a) The commission |
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shall adopt rules establishing minimum standards for the humane |
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handling, care, housing, and transportation of dogs and cats by a |
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dog or cat breeder to ensure the overall health, safety, and |
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well-being of each animal in the breeder's possession. |
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(b) The standards adopted under this section must: |
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(1) at a minimum, meet federal regulations; |
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(2) require that, unless otherwise certified by a |
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veterinarian in the manner prescribed by the department, a licensed |
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breeder, if applicable, provide each dog 12 weeks of age and older |
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with at least one hour of daily exercise in an area that: |
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(A) has a surface that has adequate drainage and |
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that will not adversely affect the dog's health or well-being, and |
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that may be composed of natural turf or soil; |
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(B) provides adequate protection against harsh |
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weather, including exposure to the sun; and |
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(C) has at least three times more square feet |
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than the dog's primary enclosure; |
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(3) require that an adequate period consistent with |
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breed standards elapse between the breeding cycles of each adult |
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intact female animal; |
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(4) require that a dog or cat breeder provide basic |
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grooming to each animal, including bathing and nail trimming, to |
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the extent required to maintain the animal in a state of good |
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health; |
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(5) require that all primary enclosures: |
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(A) be composed of materials that are safe for |
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the animal based on the animal's breed, size, and age; |
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(B) have adequate space to allow the animal to |
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comfortably stand, sit, turn around, and lie down in a natural |
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position; |
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(C) have adequate drainage; and |
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(D) if any portion of the floor surface is |
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composed of wire or a slatted material, be free from any protruding, |
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sharp surfaces and be designed so the animal's paws are unable to |
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extend through, or become caught in, the floor; |
|
(6) prohibit the placement of a primary enclosure of |
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an animal on top of the primary enclosure of another animal, unless |
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an impervious barrier designed to prevent the transfer of any |
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liquid or animal waste from one enclosure to the other is placed |
|
between the enclosures; |
|
(7) prohibit the stacking of the primary enclosures of |
|
dogs above three vertical levels; |
|
(8) require at least one regular veterinary |
|
examination a year for a breeding animal; |
|
(9) require that a dog or cat breeder maintain at each |
|
of the breeder's facilities a written health care management |
|
protocol that addresses routine and preventive care; |
|
(10) ensure that necessary routine and preventive care |
|
is provided to each animal and that each animal receives |
|
appropriate care and treatment for any disease or illness, to the |
|
extent required to maintain the animal in a state of good health; |
|
(11) prohibit a person from euthanizing an adult |
|
animal or performing a surgical birth of an animal unless the person |
|
is a veterinarian; |
|
(12) require appropriate training for any person whose |
|
duties and responsibilities include the handling of or caring for |
|
an animal in a dog or cat breeder's facility; and |
|
(13) prohibit a dog or cat breeder from selling, |
|
trading, or giving away an animal before the animal is eight weeks |
|
of age. |
|
(c) The commission by rule may modify existing standards as |
|
necessary to protect or improve the health and well-being of |
|
animals or to protect the health and safety of the public. |
|
[Sections 802.202-802.250 reserved for expansion] |
|
SUBCHAPTER F. ENFORCEMENT |
|
Sec. 802.251. DISCIPLINARY ACTION; ADMINISTRATIVE PENALTY. |
|
If a person violates this chapter or a rule adopted under this |
|
chapter, the person is subject to any action or penalty under |
|
Subchapter F or G, Chapter 51. |
|
SECTION 3. Not later than January 1, 2012, the presiding |
|
officer of the Texas Commission of Licensing and Regulation shall |
|
appoint the members of the advisory committee established under |
|
Section 802.065, Occupations Code, as added by this Act. |
|
SECTION 4. Not later than March 31, 2012, the Texas |
|
Commission of Licensing and Regulation shall adopt the rules, |
|
standards, procedures, and fees necessary to implement Chapter 802, |
|
Occupations Code, as added by this Act, and Section 5 of this Act. |
|
SECTION 5. Notwithstanding Chapter 802, Occupations Code, |
|
as added by this Act, a dog or cat breeder is not required to: |
|
(1) hold a license under that chapter to act as a dog |
|
or cat breeder before September 1, 2012; or |
|
(2) comply with the standards adopted under Subchapter |
|
E, Chapter 802, Occupations Code, as added by this Act, before |
|
September 1, 2012. |
|
SECTION 6. This Act takes effect immediately if it receives |
|
a vote of two-thirds of all the members elected to each house, as |
|
provided by Section 39, Article III, Texas Constitution. If this |
|
Act does not receive the vote necessary for immediate effect, this |
|
Act takes effect September 1, 2011. |
|
|
|
______________________________ |
______________________________ |
|
President of the Senate |
Speaker of the House |
|
|
|
I certify that H.B. No. 1451 was passed by the House on April |
|
27, 2011, by the following vote: Yeas 98, Nays 43, 1 present, not |
|
voting; and that the House concurred in Senate amendments to H.B. |
|
No. 1451 on May 25, 2011, by the following vote: Yeas 103, Nays 40, |
|
2 present, not voting. |
|
|
|
______________________________ |
|
Chief Clerk of the House |
|
|
I certify that H.B. No. 1451 was passed by the Senate, with |
|
amendments, on May 23, 2011, by the following vote: Yeas 22, Nays |
|
9 |
|
. |
|
|
|
______________________________ |
|
Secretary of the Senate |
|
APPROVED: __________________ |
|
Date |
|
|
|
__________________ |
|
Governor |