Relating to the source of dogs and cats sold by pet stores; providing a civil penalty.

89(R) HB 3458 - House Committee Report version - Bill Text

89R23580 TYPED

By: Patterson, Meyer, Turner, Ordaz, Button,

H.B. No. 3458

et al.

Substitute the following for H.B. No. 3458:

By: Button

C.S.H.B. No. 3458

A BILL TO BE ENTITLED

AN ACT

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. PROHIBITION OF DOGS OR CATS FOR SALE BY PET STORES

Sec. 206.001. DEFINITIONS. (a) In this chapter:

(1)

"Animal care facility" means a facility, including

an animal control agency as defined by Section 92.001, Civil

Practice and Remedies Code, operated by or under contract with any

governmental entity for the purpose of collecting, impounding, or

keeping stray, homeless, abandoned, or unwanted dogs or cats, and

that:

(A)

does not obtain dogs or cats from a breeder,

broker, or other animal seller for the purpose of reselling those

dogs or cats,

(B)

does not acquire dogs or cats by providing

payment or compensation; and

(C) does not resell dogs or cats.

(2)

"Animal rescue organization" means a private

nonprofit 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 for the purpose of finding permanent homes for

the dogs or cats, including an organization that does not have its

own building and that maintains dogs and cats solely in foster

homes, and that:

(A) does not breed dogs or cats;

(B)

does not obtain dogs or cats for

compensation;

(C)

does not obtain dogs or cats from a breeder or

broker, unless the dogs or cats are relinquished by the breeder or

broker without compensation;

(D)

is not located on the same premises as a

breeder or broker; and

(E)

does not maintain any employee or other

personnel who is a breeder or broker or is employed by or otherwise

affiliated with a breeder or broker.

(3)

"Breeder" means a person, including a business,

that breeds or raises dogs or cats for the purpose of selling,

exchanging, or otherwise transferring them to the public.

(4)

"Broker" means a person, including a business,

that transfers dogs or cats for resale by another person or

business.

(5)

"Offer to sell" means offering to sell, barter,

auction, give away, transfer, or otherwise dispose of a dog or cat

and includes advertising a dog or cat for sale.

(6)

"Pet store" means a retail establishment that

sells, offers to sell, or facilitates the sale of animals bred by

another person. The term does not include an individual who sells,

offers for sale, gives, or otherwise transfers directly to a

purchaser or other transferee animals raised, bred, or both raised

and bred by the individual on the individual's residential

premises.

Sec.

206.002.

PROHIBITION ON THE SALE OR OFFER FOR SALE OF

DOG OR CAT BY PET STORE. (a) Except as otherwise provided by this

section, a pet store shall not sell or offer to sell any dog or cat.

(b)

A pet store may provide space for an animal care

facility or animal rescue organization to showcase dogs or cats

owned by the animal care facility or animal rescue organization for

the purpose of adoption.

(c)

A pet store that provides a space to showcase dogs or

cats for adoption under Subsection (b) may not:

(1)

have an ownership interest in the dogs or cats

offered for adoption; or

(2)

receive a fee for providing a space for the

showcase of the dogs or cats.

Sec.

206.003.

CIVIL PENALTY. A pet store that violates

Section 206.002 is liable to this state or to the county in which

the violation occurs for a civil penalty in an amount not to exceed

$500 per day for each dog or cat offered for sale or sold in

violation of this section. Each sale or offer for sale in violation

of Section 206.002 constitutes a separate violation.

(b)

The attorney general, a district attorney, or a county

attorney may bring an action to:

(1)

collect the civil penalty imposed under this

section; or

(2)

obtain a temporary or permanent injunction to

restrain the violation.

(c)

A civil penalty collected under Subsection (b) shall be

payable to the state, in an action brought by the attorney general,

or to the county in which the violation occurred, in an action

brought by a district attorney or county attorney.

SECTION 2. If any provision of this Act or its application

to any person or circumstance is held invalid, the invalidity does

not affect other provisions or applications of this Act that can be

given effect without the invalid provision or application, and to

this end the provisions of this Act are declared to be severable.

SECTION 3. The change in law made by this Act applies only

to pet stores selling or offering for sale dogs or cats on or after

the effective date of this Act. A pet store that sold or offered for

sale a dog or cat before the effective date of this Act is governed

by the law in effect on the date the dog or cat was sold or offered

for sale, and the former law is continued in effect for that

purpose.

SECTION 4. This Act takes effect September 1, 2025.