Bill Text: TX HB2721 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the source of dogs and cats sold by pet stores; providing a civil penalty.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-03-11 - Referred to Business & Industry [HB2721 Detail]
Download: Texas-2019-HB2721-Introduced.html
86R14095 JES-D | ||
By: Reynolds | H.B. No. 2721 |
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relating to the source of dogs and cats sold by pet stores; | ||
providing a civil penalty. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Title 6, Business & Commerce Code, is amended by | ||
adding Chapter 205 to read as follows: | ||
CHAPTER 205. SALE OF DOGS AND CATS BY PET STORES | ||
Sec. 205.001. DEFINITIONS. In this chapter: | ||
(1) "Animal control agency" means a municipal or | ||
county animal control office, or a state, county, or municipal law | ||
enforcement agency, that collects, impounds, or keeps stray, | ||
homeless, abandoned, or unwanted animals. | ||
(2) "Animal rescue organization" means a nonprofit | ||
private organization that is exempt from taxation under Section | ||
501(a), Internal Revenue Code of 1986, as an organization described | ||
by Section 501(c)(3) of that code, that accepts homeless or | ||
unwanted dogs or cats with the purpose of finding permanent homes | ||
for the dogs or cats, and that does not obtain dogs or cats from a | ||
breeder or animal seller for compensation. | ||
(3) "Animal shelter" means a facility that collects, | ||
impounds, or keeps stray, homeless, abandoned, or unwanted dogs or | ||
cats. | ||
(4) "Licensed breeder" means a dog or cat breeder, as | ||
that term is defined by Section 802.002, Occupations Code, who | ||
holds a license under Chapter 802, Occupations Code. | ||
(5) "Pet store" means a for-profit business that sells | ||
dogs or cats in a county with a population of 550,000 or more that is | ||
adjacent to a county with a population of 3.3 million or more. The | ||
term does not include an individual who sells, gives, or otherwise | ||
transfers dogs or cats raised, bred, or both by the individual. | ||
Sec. 205.002. SALE OF DOG OR CAT BY PET STORE. A pet store | ||
may not sell a dog or cat unless the pet store obtained the dog or | ||
cat from: | ||
(1) an animal control agency; | ||
(2) an animal shelter; | ||
(3) an animal rescue organization; or | ||
(4) a licensed breeder. | ||
Sec. 205.003. MAINTENANCE OF RECORDS. (a) A pet store | ||
shall maintain a record documenting from which animal control | ||
agency, animal shelter, animal rescue organization, or licensed | ||
breeder the pet store obtained each dog or cat in the possession of | ||
the pet store for not less than one year following the date the pet | ||
store takes possession of the dog or cat. | ||
(b) A pet store shall make the records maintained under this | ||
section reasonably available for inspection by an animal control | ||
agency, animal shelter, animal rescue organization, or licensed | ||
breeder from which the pet store has received a dog or cat during | ||
the preceding 12 months. | ||
Sec. 205.004. PUBLIC POSTING. A pet store shall post in a | ||
conspicuous location affixed to the enclosure of each dog or cat | ||
available for sale the name of the animal control agency, animal | ||
shelter, animal rescue organization, or licensed breeder from which | ||
the pet store obtained the dog or cat. | ||
Sec. 205.005. CIVIL PENALTY. A pet store that violates | ||
Section 205.002 is liable to this state for a civil penalty in an | ||
amount not to exceed $500 for each dog or cat sold in violation of | ||
that section. The attorney general may bring an action to collect | ||
the civil penalty imposed under this section. | ||
SECTION 2. The change in law made by this Act applies only | ||
to a dog or cat obtained by a pet store on or after the effective | ||
date of this Act. A dog or cat obtained by a pet store before the | ||
effective date of this Act is governed by the law in effect on the | ||
date the dog or cat was obtained, and the former law is continued in | ||
effect for that purpose. | ||
SECTION 3. This Act takes effect September 1, 2019. |