Bill Text: TX SB1989 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the source of dogs and cats sold by pet stores; providing a civil penalty.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2023-04-04 - Co-author authorized [SB1989 Detail]
Download: Texas-2023-SB1989-Introduced.html
| 88R1339 JES-F | ||
| By: Whitmire | S.B. No. 1989 | |
|
|
||
|
|
||
| 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 206 to read as follows: | ||
| CHAPTER 206. SALE OF DOGS AND CATS BY PET STORES | ||
| Sec. 206.001. 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) "Pet store" means a for-profit business that sells | ||
| dogs or cats in a county with a population of 200,000 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. 206.002. 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; or | ||
| (3) an animal rescue organization. | ||
| Sec. 206.003. MAINTENANCE OF RECORDS. (a) A pet store | ||
| shall maintain a record documenting from which animal control | ||
| agency, animal shelter, or animal rescue organization 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, or animal rescue organization from which | ||
| the pet store has received a dog or cat during the preceding 12 | ||
| months. | ||
| Sec. 206.004. 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, or animal rescue organization from which the pet store | ||
| obtained the dog or cat. | ||
| Sec. 206.005. CIVIL PENALTY. A pet store that violates | ||
| Section 206.002 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, 2023. | ||
