TEXAS BILL REGULATING
DOG/CAT BREEDERS-DEALERS:
LAW WOULD REGULATE OWNERSHIP
OF MORE THAN 11 FEMALES AND
BAN MORE THAN 50 INTACT ADULTS
** Hearing Set for April 1 **
The Issue.
The Texas Legislature’s House Licensing & Administrative Procedures Committee has scheduled a hearing on
Wednesday, April 1, at 8:00 a.m., on House Bill 3180, a bill that would establish a Commercial Dog and Cat
Breeders and Dealers Act to regulate “commercial breeders.”
A regulated commercial breeder would be anyone “who possesses 11 or more adult female animals AND no more
than 50 intact “adult animals” at any time AND is engaged in the business of breeding animals for direct or indirect
sale or for exchange in return for consideration.”
Also, buried in the penalty section is a prohibition (Class C misdemeanor) on possessing “an animal under the age
of 12 weeks for the purpose of reselling the animal to another person; another violation involves buying an animal
from an unlicensed commercial breeder for the purpose of resale.
A Breeders Advisory Committee would be established to advise the Department on proposed rules that include
standards, administration and enforcement. Violations range from Class B and C misdemeanors to felonies.
The Impact
Facility operations:
• Licensees must undergo a criminal background check and if found during the prior 5 years to have been
convicted of animal cruelty or a misdemeanor involving moral turpitude or a felony.
• The State will set insurance limits for breeders.
• License fees shall be “reasonable and necessary in amounts sufficient to cover the costs of administration”
of the Act.
• Each facility would be subject to at least one annual inspection.
• The department, a local authority, “or a humane society agent” may conduct inspections and/or investigate
“possible violations.”
• The Advisory Committee recommending standards for commercial breeders will be comprised of
individuals representing interest other than commercial breeders.
• To obtain a license, a prospective licensee must provide data on number and breed of all adult animals
possessed by applicant and “estimated” number of puppies or kittens; the number of employees; and if
USDA licenses, copies of all inspection reports for the past 5 years.
• Standards of care shall include, but not be limited to, appropriate food and water, housing, ventilation, solid
or slatted flooring, temperatures, lighting, cage design and placement, sanitation, exercise, socialization,
animal and veterinary care, grooming, “adequate staffing,” and additional standards “considered necessary
to protect the public health and the welfare of animals” under the Act.
March 27, 2009
(TX HB 3180)
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Dealer responsibility for retail sales:
• Provide each purchaser a written disclosure
o Breeder’s name, address, USDA license number, and Texas license number
o Date of animal’s birth; date dealer received animal
o Breed, sex, color, and identifying tag, tattoo, microchip or collar number
o Name and registration number of sire and dam and the litter number
o Record of inoculations, working treatments, and medication received while in dealer’s possession
o Statement that no known health problems or discloses those known to exist
o Statement signed by veterinarian that lists any treatments animal received and any recommendation
for future treatment
o Not required for mixed breed animals if information not available and cannot be determined by the
dealer
• If sold as registerable, documents to complete registration must be provided to purchaser within 90
following final payment or be subject to refund
• No animal may be offered for sale unless the animal examined by a veterinarian
• If a dealer is not the breeder, veterinarian exam must be within 2 days after received the animal and not
later than 4 days after purchaser receives the animal AND the dealer must pay for both examinations
• An animal is unfit for sale if veterinarian states in writing
o that within 20 days of delivery that the animal has health problem that existed at the time of
delivery, or
o that the animal died or is ill due to hereditary or congenital defect,
o that the animal is not the breed represented to purchaser
• Consumer options, depending on reason for seeking a refund, exchange, or expense varies according to the
facts. Remedies include range of remedies: return for refund, reimbursement of reasonable veterinary fees,
exchanging animal, keeping the animal and receiving reimbursement of reasonable veterinary fees.
• Dealer may seek second opinion
• Dealer not liable if health problem or death due to maltreatment, neglect, or disease contracted while
animal in possession of purchaser, or purchaser failed to provide treatment recommended by a veterinarian
• Dealer must post purchaser’s rights in 48-point type AND provide purchaser with a statement of their rights
which shall be acknowledged by the purchaser. The dealer shall also certify the accuracy of the information
contained in the statement. Both parties shall have executed copies.
Purchaser’s obligations:
• Notify dealer within 5 days of veterinarian diagnosis of health problem including name and telephone
number of veterinarian AND copy of the findings
• If seeking full refund, return animal to dealer within 5 business days of purchasers receiving written copy
of veterinarian’s finding(s).
THIS ALERT SUMMARIZES HB 3180. TO VIEW THE ACTUAL PROVISIONS OF THE BILL,
VISIT PIJAC’S WEBSITE AT WWW.PIJAC.ORG UNDER THE BREAKING NEWS SECTION.
Recommended Action.
• Read HB 3180 very carefully. Some of the provisions are found in a number of states, such as portions of
the consumer remedies sections. The hearing is scheduled for Wednesday April 1, 2009 at 8:00 a.m.
Room E2.016 of the State Capitol.
• Persons affected by this legislation should attend the committee hearing, and provide comments on their
concerns.
• In any event, contact committee members, preferably via a written statement, expressing your views.
• Pet stores would be dealers under certain circumstances and could not possess animals under 12 weeks of
age.
• The breeding and minimum age limits have yet to be accepted anywhere in the US.
• There is no correlation between the number of animals in a facility and the quality of care those animals
receive or the quality of the puppies offered to the public as pets!
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• Prohibitions proposed in this bill severely limit the ability of breeders to maintain sufficiently diverse blood
lines – This will result in an increase in adverse hereditary conditions, to the detriment of the dogs, pet
owners and the business itself.
• And guess what? A humane society or local animal control authority is exempt irrespective of the fact they
adopt out animals for a “donation” (fee) and sometimes sell pet supplies – often tax free! |
