HB3458 - Relating to the source of dogs and cats sold by pet stores; providing a civil penalty.

  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.