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A BILL TO BE ENTITLED
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AN ACT
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relating to the licensing and regulation of commercial 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. COMMERCIAL DOG AND 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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Commercial Dog and 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) "Commercial 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 animals for direct or indirect sale or for |
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exchange in return for consideration. |
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(5) "Commission" means the Texas Commission of |
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Licensing and Regulation. |
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(6) "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 commercial breeder; |
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(B) possesses the authority to set policy or |
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direct management of a commercial breeder; or |
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(C) possesses a direct or indirect control of 25 |
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percent or more of a commercial breeder. |
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(7) "Department" means the Texas Department of |
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Licensing and Regulation. |
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(8) "Dog" means a mammal that is wholly or partly of |
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the species Canis familiaris. |
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(9) "Facility" means the premises used by a commercial |
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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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commercial 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) "Local animal control agency" means a municipal |
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or county animal control office with authority over the premises in |
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which an animal is kept or, in an area that does not have an animal |
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control office, the county sheriff. |
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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 802.062, including an employee of the entity: |
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(A) a state agency; |
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(B) a local law enforcement agency or fire |
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department; or |
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(C) a local animal control agency. |
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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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[Sections 802.004-802.050 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 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 commercial breeders licensed, and |
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third-party 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 commercial 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. COMMERCIAL BREEDER TRAINING AND ENFORCEMENT |
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ACCOUNT. (a) The commercial 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 projects designed to benefit the department's |
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ability to administer this chapter; |
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(3) paying for information resulting in disciplinary |
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action against a person under Subchapter F; and |
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(4) taking any other action to improve the |
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department's ability to investigate violations of and enforce this |
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chapter. |
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(c) The commission by rule may provide for a system to pay |
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for information resulting in disciplinary action against a person |
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under Subchapter F. Rules adopted under this subsection must |
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ensure that a public purpose is accomplished through the use of the |
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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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Sec. 802.060. REGULATION OF THIRD-PARTY INSPECTORS. The |
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commission by rule may 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. REGISTRATION OF CERTAIN EMPLOYEES OF |
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COMMERCIAL BREEDERS. The commission by rule may establish |
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registration procedures for any person whose duties and |
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responsibilities include the handling of or caring for an animal in |
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a commercial breeder's facility. |
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Sec. 802.062. 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. 802.063. INSPECTIONS. (a) The department shall |
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inspect each facility of a licensed commercial breeder at least |
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once in every 12-month period and at other times as necessary to |
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ensure compliance with this chapter and rules adopted under this |
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chapter. |
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(b) The inspection must be conducted during the facility's |
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normal business hours, and the commercial breeder or a |
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representative of the commercial breeder may be present during the |
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inspection. |
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(c) The department or third-party inspector may not provide |
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advance notice to the commercial breeder or a representative of the |
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commercial breeder before arriving at the facility. The commercial |
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breeder or its representative shall, on request of an inspector, |
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assist the inspector in performing the 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 commercial breeder except as necessary to access animals, |
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documents, records, or other property relevant to the 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 commercial breeder or its representative. |
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Sec. 802.064. 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. 802.065. REPORTING ANIMAL CRUELTY. A person |
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conducting an inspection under Section 802.063 or 802.103 or an |
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investigation under Section 802.064 shall notify the appropriate |
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local law enforcement agency or local animal control agency not |
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later than 24 hours after discovering evidence of animal cruelty or |
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neglect during the inspection or investigation. |
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[Sections 802.066-802.100 reserved for expansion] |
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SUBCHAPTER C. LICENSING OF COMMERCIAL 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 commercial |
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breeder in this state unless the person holds a commercial breeder |
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license under this chapter for each facility that the person owns or |
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operates in this state. A commercial breeder license for a single |
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facility may cover more than one 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 commercial breeder license under this |
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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 number of the |
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applicant's sales tax permit issued by the comptroller; |
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(3) submit to the department any other information |
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regarding the applicant's facilities and operations requested by |
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the department; |
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(4) 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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(5) 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 commercial breeder license is issued for the facility. |
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(b) The department may not issue a commercial breeder |
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license 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 commercial breeder license to each person 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 license holder 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 commercial 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 commercial |
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breeder 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 |
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commercial breeder pleads guilty to, is convicted of, or receives |
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deferred adjudication for animal cruelty or neglect in this state |
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or any 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 LICENSE HOLDER |
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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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commercial breeder shall: |
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(1) prominently display a copy of the commercial |
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breeder license at the 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 commercial breeder's license number in |
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each advertisement of the commercial 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 commercial breeder: |
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(A) the commercial breeder's license number; and |
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(B) the following statement: "Commercial |
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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 commercial |
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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. SALES TAX ACCOUNTING; ANNUAL INVENTORY. (a) |
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Not later than February 1 of each year, a commercial breeder shall |
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submit to the department: |
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(1) a copy of its sales tax report filed with the |
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comptroller for the preceding calendar year; and |
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(2) on a form prescribed by the department, an |
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accounting of all animals held at the facility at any time during |
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the preceding calendar year. |
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(b) The commercial breeder shall keep copies of the items |
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described by Subsection (a) at the commercial breeder's facility |
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and 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 commercial breeder that has more than one facility |
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shall: |
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(1) keep separate records for each facility; |
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(2) submit a copy of each sales tax report filed with |
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the comptroller by the commercial breeder; and |
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(3) submit a separate accounting of animals for each |
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facility. |
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Sec. 802.154. ANIMAL RECORDS. (a) A commercial breeder |
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shall maintain a separate record for each animal in the commercial |
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breeder's facility documenting the animal's care. |
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(b) The record must include: |
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(1) the date the animal entered the facility; |
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(2) the name, address, and telephone number of the |
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person from whom the animal was purchased or obtained; |
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(3) a description of the animal, including the |
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animal's breed, sex, color, identifying marks, and weight; |
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(4) the date of birth of the animal or approximate age |
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if the date of birth is unknown; |
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(5) any tattoo, microchip, or other identification |
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number carried by or appearing on the animal; |
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(6) if the animal is a breeding female: |
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(A) breeding dates; |
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(B) dates the animal gave birth to a litter; |
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(C) number of puppies or kittens for each litter |
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of the animal; and |
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(D) the name and identification of the sire or |
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tom for each litter; |
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(7) all veterinary care provided for the animal, |
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including a record of all inoculations, medications, and other |
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veterinary medical treatment received by the animal while in the |
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possession of the commercial breeder; and |
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(8) for an animal that was at the facility but is no |
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longer at the facility: |
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(A) the date of disposition or death of the |
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animal; and |
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(B) as applicable: |
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(i) the name and address of the person to |
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whom the animal was transferred; or |
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(ii) the animal's cause of death. |
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(c) The commercial 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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(d) The commission by rule shall establish the retention |
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period for records required under this section. |
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Sec. 802.155. LIMIT ON NUMBER OF ADULT INTACT FEMALE |
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ANIMALS. (a) Except as provided by this section, a commercial |
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breeder may not possess more than 50 adult intact female animals in |
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a facility at any time. |
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(b) The department may permit a commercial breeder to |
|
possess more than 50 adult intact female animals in the breeder's |
|
facility if: |
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(1) the commercial breeder submits an application |
|
under this subsection on a form prescribed by the department; and |
|
(2) the department determines that the commercial |
|
breeder is adequately staffed and able to meet the requirements of |
|
this chapter and the rules adopted under this chapter while housing |
|
and caring for the additional adult intact female animals and their |
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litters. |
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(c) The department may: |
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(1) establish additional requirements for a |
|
commercial breeder possessing more than 50 adult intact female |
|
animals in a facility to ensure the proper housing and care of the |
|
animals at the facility; and |
|
(2) charge additional fees for licensing and |
|
inspecting a facility in which more than 50 adult intact female |
|
animals are kept. |
|
(d) The department may revoke permission granted under this |
|
section if a commercial breeder fails to meet the requirements of |
|
this chapter, the rules adopted under this chapter, or any |
|
additional requirement set by the department under this section. |
|
[Sections 802.156-802.200 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 |
|
handling, care, and transportation of dogs and cats by a commercial |
|
breeder to ensure the overall health, safety, and well-being of |
|
each animal in the commercial breeder's possession. |
|
(b) The standards adopted under this section must: |
|
(1) meet or exceed federal regulations; |
|
(2) require that, unless otherwise certified by a |
|
veterinarian in the manner prescribed by the department, a |
|
commercial breeder provide each dog 12 weeks of age and older with |
|
at least one hour of daily exercise in an area that: |
|
(A) has a solid, level surface with adequate |
|
drainage; |
|
(B) provides adequate protection against harsh |
|
weather, including exposure to the sun; and |
|
(C) has at least three times more square feet |
|
than the dog's primary enclosure; |
|
(3) require that each adult intact female animal be |
|
provided with adequate rest between breeding cycles; |
|
(4) require that a commercial breeder provide basic |
|
grooming to each animal, including bathing and nail trimming, as |
|
needed to prevent any condition that adversely affects the animal's |
|
health and cleanliness; |
|
(5) require all primary enclosures to have a solid |
|
floor surface with not more than 50 percent of the floor composed of |
|
a solid slatted surface; |
|
(6) prohibit the placement of a primary enclosure of a |
|
dog on top of another primary enclosure of a dog; |
|
(7) prohibit the placement of a primary enclosure of a |
|
cat on top of another primary enclosure of a cat, unless an |
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impervious barrier is placed between the enclosures; |
|
(8) require at least one regular veterinary |
|
examination a year for a breeding animal; |
|
(9) ensure that necessary routine and preventive |
|
veterinary care is provided to each animal by a veterinarian to |
|
address any disease or illness, including immunization and |
|
treatment of animals for disease, parasites, and pest control; |
|
(10) prohibit a person from euthanizing an animal or |
|
performing a surgical birth of an animal unless the person is a |
|
veterinarian; |
|
(11) for any person whose duties and responsibilities |
|
include the handling of or caring for an animal in a commercial |
|
breeder's facility, require: |
|
(A) compliance with the criminal background |
|
check requirements of Section 802.055; and |
|
(B) appropriate training; and |
|
(12) prohibit a commercial 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 and |
|
establish additional standards or requirements 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 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 4 of this Act. |
|
SECTION 4. Notwithstanding Chapter 802, Occupations Code, |
|
as added by this Act, a commercial breeder is not required to: |
|
(1) hold a license under that chapter to act as a |
|
commercial 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. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |