reglab/statecodes huggingface dataset:
2023 Texas Statutes › Occupations Code › Title 4 - Professions Related to Animals › Chapter 801 - Veterinarians › Subchapter J. Administrative Penalty › Section 801.457. Options Following Decision: Pay or Appeal

Sec. 801.457.  OPTIONS FOLLOWING DECISION:  PAY OR APPEAL.  (a)  Not later than the 30th day after the date the board's order becomes final, the person shall:
(1)  pay the administrative penalty;
(2)  pay the penalty and file a petition for judicial review contesting the fact of the violation, the amount of the penalty, or both;  or
(3)  without paying the penalty, file a petition for judicial review contesting the fact of the violation, the amount of the penalty, or both.
(b)  Within the 30-day period, a person who acts under Subsection (a)(3) may:
(1)  stay enforcement of the penalty by:
(A)  paying the penalty to the court for placement in an escrow account;  or
(B)  giving the court a supersedeas bond that is approved by the court and that:
(i)  is for the amount of the penalty;  and
(ii)  is effective until judicial review of the board's order is final;  or
(2)  request the court to stay enforcement of the penalty by:
(A)  filing with the court a sworn affidavit of the person stating that the person is financially unable to pay the penalty and is financially unable to give the supersedeas bond;  and
(B)  giving a copy of the affidavit to the executive director by certified mail.
(c)  If the executive director receives a copy of an affidavit under Subsection (b)(2), the executive director may file with the court a contest to the affidavit not later than the fifth day after the date the copy is received.
(d)  The court shall hold a hearing on the facts alleged in the affidavit as soon as practicable and stay enforcement of the penalty on finding that the alleged facts are true.  The person who files the affidavit has the burden of proving that the person is financially unable to pay the penalty and to give the supersedeas bond.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 4 - Professions Related to Animals › Chapter 801 - Veterinarians › Subchapter J. Administrative Penalty › Section 801.458. Collection of Penalty

Sec. 801.458.  COLLECTION OF PENALTY.  If the person does not pay the administrative penalty and the enforcement of the penalty is not stayed, the executive director may refer the matter to the attorney general for collection of the penalty.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 4 - Professions Related to Animals › Chapter 801 - Veterinarians › Subchapter J. Administrative Penalty › Section 801.459. Determination by Court

Sec. 801.459.  DETERMINATION BY COURT.  (a)  If a court sustains the determination that a violation occurred, the court may uphold or reduce the amount of the administrative penalty and order the person to pay the full or reduced amount.
(b)  If the court does not sustain the determination that a violation occurred, the court shall order that an administrative penalty is not owed.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 4 - Professions Related to Animals › Chapter 801 - Veterinarians › Subchapter J. Administrative Penalty › Section 801.460. Remittance of Penalty and Interest

Sec. 801.460.  REMITTANCE OF PENALTY AND INTEREST.  (a)  If, after judicial review, the administrative penalty is reduced or not upheld by the court, the court shall, after the judgment becomes final:
(1)  order the appropriate amount, plus accrued interest, be remitted to the person if the person paid the penalty;  or
(2)  order the release of the bond after the person pays the penalty imposed if the person posted a supersedeas bond.
(b)  The interest paid under Subsection (a)(1) is the rate charged on loans to depository institutions by the New York Federal Reserve Bank.  The interest shall be paid for the period beginning on the date the penalty is paid and ending on the date the penalty is remitted.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 4 - Professions Related to Animals › Chapter 801 - Veterinarians › Subchapter J. Administrative Penalty › Section 801.461. Administrative Procedure

Sec. 801.461.  ADMINISTRATIVE PROCEDURE.  (a)  A proceeding under this subchapter is subject to Chapter 2001, Government Code.
(b)  This subchapter does not prohibit the board from assessing an administrative penalty by using an informal proceeding under Section 801.408.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 4 - Professions Related to Animals › Chapter 801 - Veterinarians › Subchapter K. Other Penalties and Enforcement Provisions › Section 801.501. Monitoring License Holder

Sec. 801.501.  MONITORING LICENSE HOLDER.  The board by rule shall develop a system for monitoring a license holder's compliance with the requirements of this chapter.  The rules must include procedures to:
(1)  monitor for compliance a license holder who is ordered by the board to perform certain acts;  and
(2)  identify and monitor a license holder who represents a risk to the public.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 4 - Professions Related to Animals › Chapter 801 - Veterinarians › Subchapter K. Other Penalties and Enforcement Provisions › Section 801.5011. Monitoring Harmful Prescribing and Dispensing Patterns

Sec. 801.5011.  MONITORING HARMFUL PRESCRIBING AND DISPENSING PATTERNS.  (a)  The board shall periodically check the prescribing and dispensing information submitted to the Texas State Board of Pharmacy as authorized by Section 481.076(a)(1), Health and Safety Code, to determine whether a veterinarian is engaging in potentially harmful prescribing or dispensing patterns or practices.
(b)  The board, in coordination with the Texas State Board of Pharmacy, shall determine the conduct that constitutes a potentially harmful prescribing or dispensing pattern or practice for purposes of Subsection (a).  In determining the conduct that constitutes a potentially harmful prescribing or dispensing pattern or practice, the board, at a minimum, shall consider:
(1)  the number of times a veterinarian prescribes or dispenses:
(A)  opioids;
(B)  benzodiazepines;
(C)  barbiturates; or
(D)  carisoprodol; and
(2)  for prescriptions and dispensations described by Subdivision (1), patterns of prescribing or dispensing combinations of those drugs and other dangerous combinations of drugs identified by the board.
(c)  If the board suspects that a veterinarian may be engaging in potentially harmful prescribing or dispensing patterns or practices, the board may notify the veterinarian of the potentially harmful prescribing or dispensing pattern or practice.
(d)  The board may initiate a complaint against a veterinarian based on information obtained under this section.
Added by Acts 2017, 85th Leg., R.S., Ch. 536 (S.B. 319), Sec. 23, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 4 - Professions Related to Animals › Chapter 801 - Veterinarians › Subchapter K. Other Penalties and Enforcement Provisions › Section 801.502. Injunctive Relief

Sec. 801.502.  INJUNCTIVE RELIEF.  (a)  The board, through the attorney general or a district or county attorney, may bring an action for an injunction, or a proceeding incident to an injunction, to:
(1)  enforce this chapter; or
(2)  enjoin a person, including a corporation, organization, business trust, estate, trust, partnership, association, or other legal entity, from practicing veterinary medicine or equine dentistry in violation of this chapter.
(b)  Venue for an action under this section is in:
(1)  the county in which the person against whom the action is brought resides, if the person is an individual who resides in this state;
(2)  the county of the defendant's principal office in this state if the defendant is not an individual;  or
(3)  Travis County, if the person:
(A)  is an individual who does not reside in this state;  or
(B)  is an entity that does not have its principal office in this state.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.424(a), eff. Sept. 1, 2001.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 940 (H.B. 414), Sec. 24, eff. September 1, 2011.
2023 Texas Statutes › Occupations Code › Title 4 - Professions Related to Animals › Chapter 801 - Veterinarians › Subchapter K. Other Penalties and Enforcement Provisions › Section 801.503. Assessment of Civil Penalty Against Person Not Licensed

Sec. 801.503.  ASSESSMENT OF CIVIL PENALTY AGAINST PERSON NOT LICENSED.  (a)  A person not licensed under this chapter, including a corporation, organization, business trust, estate, trust, partnership, association, or other legal entity, who violates this chapter or a rule adopted by the board under this chapter is subject to a civil penalty of $1,000 for each day of violation.
(b)  At the request of the board, the attorney general shall bring an action to recover a civil penalty authorized by this section.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.422(a), eff. Sept. 1, 2001.
2023 Texas Statutes › Occupations Code › Title 4 - Professions Related to Animals › Chapter 801 - Veterinarians › Subchapter K. Other Penalties and Enforcement Provisions › Section 801.504. General Criminal Penalty

Sec. 801.504.  GENERAL CRIMINAL PENALTY.  (a)  A person, including an entity, commits an offense if the person violates this chapter.
(b)  An offense under this section is a Class A misdemeanor.
(c)  Venue for the prosecution of an offense under this section that consists of the violation of Section 801.251 is in a district court in Travis County or the county in which the offense occurred.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.421(b), eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 971 (H.B. 1767), Sec. 6, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 4 - Professions Related to Animals › Chapter 801 - Veterinarians › Subchapter K. Other Penalties and Enforcement Provisions › Section 801.505. Board Member or Employee; Fine

Sec. 801.505.  BOARD MEMBER OR EMPLOYEE;  FINE.  A board member or employee shall pay a fine of not less than $1,000 or more than $5,000 if the member or employee:
(1)  issues a license other than as provided by this chapter;  or
(2)  provides to an applicant for examination a list of questions to be propounded at the examination.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 4 - Professions Related to Animals › Chapter 801 - Veterinarians › Subchapter K. Other Penalties and Enforcement Provisions › Section 801.506. Prohibited Practices Relating to Certain Entities

Sec. 801.506.  PROHIBITED PRACTICES RELATING TO CERTAIN ENTITIES.  (a)  A sole proprietorship, partnership, or corporation may not engage in veterinary medicine unless the owner, each partner, or each shareholder, as appropriate, holds a license to practice veterinary medicine issued under this chapter.
(b)  A corporation, organization, business trust, estate, trust, partnership, association, or other legal entity not owned exclusively by one or more persons licensed to practice veterinary medicine under this chapter may not engage in veterinary medicine.
(c)  A veterinarian may not form or continue a partnership with a member of another profession or a person who is not a member of a profession if a part of the partnership employment consists of the practice of veterinary medicine.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.421(c), eff. Sept. 1, 2001.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 940 (H.B. 414), Sec. 25, eff. September 1, 2011.
2023 Texas Statutes › Occupations Code › Title 4 - Professions Related to Animals › Chapter 801 - Veterinarians › Subchapter K. Other Penalties and Enforcement Provisions › Section 801.507. Nonapplicability of Deceptive Trade Practices-Consumer Protection Act

Sec. 801.507.  NONAPPLICABILITY OF DECEPTIVE TRADE PRACTICES-CONSUMER PROTECTION ACT.  Subchapter E, Chapter 17, Business & Commerce Code, does not apply to a claim against a veterinarian for damages alleged to have resulted from veterinary malpractice or negligence.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 4 - Professions Related to Animals › Chapter 801 - Veterinarians › Subchapter K. Other Penalties and Enforcement Provisions › Section 801.508. Cease and Desist Order

Sec. 801.508.  CEASE AND DESIST ORDER.  (a)  If it appears to the board that a person is engaging in an act or practice that constitutes the practice of veterinary medicine without a license or the practice of equine dentistry without a license under this chapter, the board, after notice and opportunity for a hearing, may issue a cease and desist order prohibiting the person from engaging in the activity.
(b)  A violation of an order under this section constitutes grounds for imposing an administrative penalty under Subchapter J.
Added by Acts 2005, 79th Leg., Ch. 27 (S.B. 407), Sec. 26, eff. September 1, 2005.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 940 (H.B. 414), Sec. 26, eff. September 1, 2011.
2023 Texas Statutes › Occupations Code › Title 4 - Professions Related to Animals › Chapter 801 - Veterinarians › Subchapter K. Other Penalties and Enforcement Provisions › Section 801.509. Enforcement Policy

Sec. 801.509.  ENFORCEMENT POLICY.  The board shall adopt a formal policy to focus enforcement efforts toward investigating complaints.
Added by Acts 2005, 79th Leg., Ch. 27 (S.B. 407), Sec. 26, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 4 - Professions Related to Animals › Chapter 801 - Veterinarians › Subchapter L. Equine Dental Provider Advisory Committee › Section 801.551. Equine Dental Provider Advisory Committee

Sec. 801.551.  EQUINE DENTAL PROVIDER ADVISORY COMMITTEE.  (a)  The equine dental provider advisory committee is an informal advisory committee to the board and is not subject to Chapter 2110, Government Code.
(b)  The advisory committee does not have any independent rulemaking authority but shall advise and assist the board in adopting rules relating to licensed equine dental providers.
(c)  The board shall consult the advisory committee regarding matters relating to a disciplinary action that involves a licensed equine dental provider.
Added by Acts 2011, 82nd Leg., R.S., Ch. 940 (H.B. 414), Sec. 27, eff. September 1, 2011.
2023 Texas Statutes › Occupations Code › Title 4 - Professions Related to Animals › Chapter 801 - Veterinarians › Subchapter L. Equine Dental Provider Advisory Committee › Section 801.552. Appointment of Advisory Committee

Sec. 801.552.  APPOINTMENT OF ADVISORY COMMITTEE.  (a)  The equine dental provider advisory committee is composed of three members appointed by the presiding officer of the board as follows:
(1)  two members who are licensed equine dental providers, have resided in and engaged in the practice of smoothing or filing teeth by floating in this state for the five years immediately preceding the date of appointment, and are of good repute; and
(2)  one veterinarian member who is active and in good standing and who supervises a licensed equine dental provider.
(b)  Expired.
(c)  Appointments to the advisory committee shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointees.
Added by Acts 2011, 82nd Leg., R.S., Ch. 940 (H.B. 414), Sec. 27, eff. September 1, 2011.
2023 Texas Statutes › Occupations Code › Title 4 - Professions Related to Animals › Chapter 801 - Veterinarians › Subchapter L. Equine Dental Provider Advisory Committee › Section 801.553. Terms; Vacancy

Sec. 801.553.  TERMS; VACANCY.  (a)  Members of the equine dental provider advisory committee are appointed for staggered six-year terms.  The terms of the members expire on February 1 of each odd-numbered year.
(b)  If a vacancy occurs during a member's term, the presiding officer of the board shall appoint a new member to fill the unexpired term.
(c)  An advisory committee member may not serve more than two consecutive full terms.
Added by Acts 2011, 82nd Leg., R.S., Ch. 940 (H.B. 414), Sec. 27, eff. September 1, 2011.
2023 Texas Statutes › Occupations Code › Title 4 - Professions Related to Animals › Chapter 801 - Veterinarians › Subchapter L. Equine Dental Provider Advisory Committee › Section 801.554. Grounds for Removal

Sec. 801.554.  GROUNDS FOR REMOVAL.  (a)  It is a ground for removal from the equine dental provider advisory committee that a member:
(1)  does not have at the time of appointment the qualifications required by Section 801.552;
(2)  does not maintain during service on the advisory committee the qualifications required by Section 801.552; and
(3)  cannot, because of illness or disability, discharge the member's duties for a substantial part of the member's term.
(b)  The validity of an action of the advisory committee is not affected by the fact that it is taken when a ground for removal of an advisory committee member exists.
Added by Acts 2011, 82nd Leg., R.S., Ch. 940 (H.B. 414), Sec. 27, eff. September 1, 2011.
2023 Texas Statutes › Occupations Code › Title 4 - Professions Related to Animals › Chapter 801 - Veterinarians › Subchapter L. Equine Dental Provider Advisory Committee › Section 801.555. Officers

Sec. 801.555.  OFFICERS.  The presiding officer of the board shall designate biennially an equine dental provider advisory committee member as the presiding officer of the advisory committee to serve in that capacity at the will of the presiding officer of the board.
Added by Acts 2011, 82nd Leg., R.S., Ch. 940 (H.B. 414), Sec. 27, eff. September 1, 2011.
2023 Texas Statutes › Occupations Code › Title 4 - Professions Related to Animals › Chapter 801 - Veterinarians › Subchapter L. Equine Dental Provider Advisory Committee › Section 801.556. Reimbursement; Compensation

Sec. 801.556.  REIMBURSEMENT; COMPENSATION.  An equine dental provider advisory committee member is not entitled to reimbursement for travel expenses or compensation.
Added by Acts 2011, 82nd Leg., R.S., Ch. 940 (H.B. 414), Sec. 27, eff. September 1, 2011.
2023 Texas Statutes › Occupations Code › Title 4 - Professions Related to Animals › Chapter 801 - Veterinarians › Subchapter L. Equine Dental Provider Advisory Committee › Section 801.557. Meetings

Sec. 801.557.  MEETINGS.  (a)  The equine dental provider advisory committee shall meet at the call of the presiding officer of the board.
(b)  A meeting may be held by telephone conference call.
Added by Acts 2011, 82nd Leg., R.S., Ch. 940 (H.B. 414), Sec. 27, eff. September 1, 2011.
2023 Texas Statutes › Occupations Code › Title 4 - Professions Related to Animals › Chapter 802 - Dog or Cat Breeders › Subchapter A. General Provisions › Section 802.001. Short Title

Sec. 802.001.  SHORT TITLE.  This chapter may be cited as the Dog or Cat Breeders Act.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1284 (H.B. 1451), Sec. 2, eff. June 17, 2011.
2023 Texas Statutes › Occupations Code › Title 4 - Professions Related to Animals › Chapter 802 - Dog or Cat Breeders › Subchapter A. General Provisions › Section 802.002. Definitions

Sec. 802.002.  DEFINITIONS.  In this chapter:
(1)  "Adult animal" means an animal six months of age or older.
(2)  "Animal" means a dog or a cat.
(3)  "Cat" means a mammal that is wholly or partly of the species Felis domesticus.
(4)  "Commission" means the Texas Commission of Licensing and Regulation under Chapter 51.
(5)  "Controlling person" means an individual who:
(A)  is a partner, manager, director, officer, or member of a dog or cat breeder;
(B)  possesses the authority to set policy or direct management of a dog or cat breeder; or
(C)  possesses a direct or indirect control of 25 percent or more of a dog or cat breeder.
(6)  "Department" means the Texas Department of Licensing and Regulation under Chapter 51.
(7)  "Dog" means a mammal that is wholly or partly of the species Canis familiaris.
(8)  "Dog or cat breeder" means a person who possesses five or more adult intact female animals and is engaged in the business of breeding those animals for direct or indirect sale or for exchange in return for consideration.
(9)  "Facility" means the premises used by a dog or cat breeder for keeping or breeding animals.  The term includes all buildings, property, and confinement areas used to conduct the breeding business.
(10)  "Federal regulations" means the specifications for the humane handling, care, treatment, and transportation of dogs and cats set forth in 9 C.F.R. Part 3, Subpart A.
(11)  "Intact female animal" means a female animal that has not been spayed and is capable of reproduction.
(12)  "Kitten" means a cat less than six months old.
(13)  "Licensed breeder" means a dog or cat breeder who holds a license issued under this chapter.
(14)  "Possess" means to have custody of or control over.
(15)  "Primary enclosure" means any structure used to restrict an animal to a limited amount of space.  The term includes a room, pen, run, cage, or compartment.
(16)  "Puppy" means a dog less than six months old.
(17)  "Third-party inspector" means any of the following entities with which the department contracts under Section 802.061, including an employee of the entity:
(A)  a state agency; or
(B)  a local law enforcement agency or fire department.
(18)  "Veterinarian" means a veterinarian in good standing and licensed to practice veterinary medicine in this state.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1284 (H.B. 1451), Sec. 2, eff. June 17, 2011.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 276 (S.B. 876), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Occupations Code › Title 4 - Professions Related to Animals › Chapter 802 - Dog or Cat Breeders › Subchapter A. General Provisions › Section 802.003. Applicability of Chapter

Sec. 802.003.  APPLICABILITY OF CHAPTER.  (a)  This chapter does not affect the applicability of any other law, rule, order, ordinance, or other legal requirement of the federal government, this state, or a political subdivision of this state.
(b)  This chapter does not prevent a municipality or county from prohibiting or further regulating by order or ordinance the possession, breeding, or selling of dogs or cats.
(c)  This chapter does not apply to an animal regulated under Subtitle A-1, Title 13 (Texas Racing Act).
Added by Acts 2011, 82nd Leg., R.S., Ch. 1284 (H.B. 1451), Sec. 2, eff. June 17, 2011.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 963 (S.B. 1969), Sec. 2.06, eff. April 1, 2019.
2023 Texas Statutes › Occupations Code › Title 4 - Professions Related to Animals › Chapter 802 - Dog or Cat Breeders › Subchapter A. General Provisions › Section 802.004. Presumption of Use for Breeding

Sec. 802.004.  PRESUMPTION OF USE FOR BREEDING.  For purposes of this chapter, each adult intact female animal possessed by a person engaged in the business of breeding animals for direct or indirect sale or for exchange in return for consideration is presumed to be used for breeding purposes unless the person establishes to the satisfaction of the department, based on the person's breeding records or other evidence reasonably acceptable to the department, that the animal is not used for breeding.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1284 (H.B. 1451), Sec. 2, eff. June 17, 2011.
2023 Texas Statutes › Occupations Code › Title 4 - Professions Related to Animals › Chapter 802 - Dog or Cat Breeders › Subchapter A. General Provisions › Section 802.005. Exemption for Certain Persons Who Breed Special Purpose Dogs

Sec. 802.005.  EXEMPTION FOR CERTAIN PERSONS WHO BREED SPECIAL PURPOSE DOGS.  (a)  This section applies only to a dog bred with the intent that it be used primarily for:
(1)  herding livestock, as defined by Section 1.003, Agriculture Code, or other agricultural uses;
(2)  hunting, including tracking, chasing, pointing, flushing, or retrieving game; or
(3)  competing in field trials, hunting tests, breed or conformation shows, or similar organized performance events.
(b)  This chapter does not apply to a person to the extent the person breeds dogs described by Subsection (a) for a use described by Subsection (a).  A person described by this subsection may conduct direct or indirect sales or exchanges in return for consideration of dogs described by Subsection (a).
(c)  Notwithstanding Subsection (b), a person described by Subsection (b) may be subject to the requirements of this chapter based on the person's activities with respect to animals other than dogs that are bred and used as described by this section.
(d)  Dogs described by Subsection (a) may not be counted for purposes of determining the number of adult intact female animals possessed by a person as described by Section 802.002(8).
Added by Acts 2011, 82nd Leg., R.S., Ch. 1284 (H.B. 1451), Sec. 2, eff. June 17, 2011.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 276 (S.B. 876), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Occupations Code › Title 4 - Professions Related to Animals › Chapter 802 - Dog or Cat Breeders › Subchapter B. Powers and Duties of Commission and Department › Section 802.051. General Powers and Duties; Rules

Sec. 802.051.  GENERAL POWERS AND DUTIES; RULES.  (a)  The department shall administer and enforce this chapter.
(b)  The commission shall adopt rules necessary to administer and enforce this chapter.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1284 (H.B. 1451), Sec. 2, eff. June 17, 2011.
2023 Texas Statutes › Occupations Code › Title 4 - Professions Related to Animals › Chapter 802 - Dog or Cat Breeders › Subchapter B. Powers and Duties of Commission and Department › Section 802.052. Fees

Sec. 802.052.  FEES.  The commission by rule shall establish reasonable and necessary fees in amounts sufficient to cover the costs of administering and enforcing this chapter.  In setting the fee for inspecting or licensing a facility, the commission may consider the number of adult intact female animals used for breeding at the facility.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1284 (H.B. 1451), Sec. 2, eff. June 17, 2011.
2023 Texas Statutes › Occupations Code › Title 4 - Professions Related to Animals › Chapter 802 - Dog or Cat Breeders › Subchapter B. Powers and Duties of Commission and Department › Section 802.053. Personnel

Sec. 802.053.  PERSONNEL.  The department may employ personnel necessary to carry out the functions and duties of the department under this chapter.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1284 (H.B. 1451), Sec. 2, eff. June 17, 2011.
2023 Texas Statutes › Occupations Code › Title 4 - Professions Related to Animals › Chapter 802 - Dog or Cat Breeders › Subchapter B. Powers and Duties of Commission and Department › Section 802.054. Expenses

Sec. 802.054.  EXPENSES.  The department may authorize disbursements necessary to implement this chapter, including disbursements for office expenses, equipment costs, and other necessary facilities.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1284 (H.B. 1451), Sec. 2, eff. June 17, 2011.
2023 Texas Statutes › Occupations Code › Title 4 - Professions Related to Animals › Chapter 802 - Dog or Cat Breeders › Subchapter B. Powers and Duties of Commission and Department › Section 802.055. Criminal Background Checks

Sec. 802.055.  CRIMINAL BACKGROUND CHECKS.  The department shall conduct a criminal background check on each applicant who submits an application for a license under this chapter and on any controlling person of the applicant.  The department may, as permitted by law:
(1)  examine any criminal conviction, guilty plea, or deferred adjudication of the applicant or controlling person; and
(2)  obtain any criminal history or record of the applicant or controlling person.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1284 (H.B. 1451), Sec. 2, eff. June 17, 2011.
2023 Texas Statutes › Occupations Code › Title 4 - Professions Related to Animals › Chapter 802 - Dog or Cat Breeders › Subchapter B. Powers and Duties of Commission and Department › Section 802.056. Directory

Sec. 802.056.  DIRECTORY.  (a)  The department shall maintain a directory of licensed breeders and of third-party inspectors registered under this chapter.
(b)  The department shall make the directory available to the public.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1284 (H.B. 1451), Sec. 2, eff. June 17, 2011.
2023 Texas Statutes › Occupations Code › Title 4 - Professions Related to Animals › Chapter 802 - Dog or Cat Breeders › Subchapter B. Powers and Duties of Commission and Department › Section 802.057. Disciplinary Database

Sec. 802.057.  DISCIPLINARY DATABASE.  (a)  The department shall maintain a database of dog or cat breeders who have been subject to disciplinary action as provided by Subchapter F.
(b)  The department shall make the information maintained in the database available to the public.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1284 (H.B. 1451), Sec. 2, eff. June 17, 2011.
2023 Texas Statutes › Occupations Code › Title 4 - Professions Related to Animals › Chapter 802 - Dog or Cat Breeders › Subchapter B. Powers and Duties of Commission and Department › Section 802.058. Consumer Interest Information

Sec. 802.058.  CONSUMER INTEREST INFORMATION.  (a)  The department shall prepare information of consumer interest describing:
(1)  the functions performed by the department under this chapter; and
(2)  the rights of a consumer affected by this chapter.
(b)  The information must describe the procedure by which a consumer complaint is filed with and resolved by the department.
(c)  The department shall make the information available to the public.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1284 (H.B. 1451), Sec. 2, eff. June 17, 2011.
2023 Texas Statutes › Occupations Code › Title 4 - Professions Related to Animals › Chapter 802 - Dog or Cat Breeders › Subchapter B. Powers and Duties of Commission and Department › Section 802.059. Dog or Cat Breeder Training and Enforcement Account

Sec. 802.059.  DOG OR CAT BREEDER TRAINING AND ENFORCEMENT ACCOUNT.  (a)  The dog or cat breeder training and enforcement account is an account in the general revenue fund. Administrative penalties collected under Subchapter F shall be deposited to the credit of the account.
(b)  Funds in the account may be appropriated only to the department for:
(1)  promoting consumer awareness of this chapter and rules adopted under this chapter;
(2)  supporting educational seminars, training activities, or other actions designed to benefit the department's ability to administer and enforce this chapter; and
(3)  paying for information resulting in disciplinary action under Subchapter F against a person for acting as a dog or cat breeder without holding a license issued under this chapter.
(c)  The commission by rule may provide for a system to pay for information described by Subsection (b)(3).  Rules adopted under this subsection must ensure that a public purpose is accomplished through the use of the payment system.
(d)  The department may solicit and accept gifts, grants, and other donations from any source for deposit into the account.
(e)  The account is exempt from the application of Section 403.095, Government Code.
(f)  The executive director of the department must approve any expenditure from the account.
(g)  The department shall report its use of the account in its quarterly financial report to the commission.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1284 (H.B. 1451), Sec. 2, eff. June 17, 2011.
2023 Texas Statutes › Occupations Code › Title 4 - Professions Related to Animals › Chapter 802 - Dog or Cat Breeders › Subchapter B. Powers and Duties of Commission and Department › Section 802.060. Regulation of Third-Party Inspectors

Sec. 802.060.  REGULATION OF THIRD-PARTY INSPECTORS.  The commission by rule shall establish:
(1)  training requirements for a third-party inspector;
(2)  registration procedures for a third-party inspector; and
(3)  policies governing the acts of a third-party inspector in conducting an inspection or investigation.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1284 (H.B. 1451), Sec. 2, eff. June 17, 2011.
2023 Texas Statutes › Occupations Code › Title 4 - Professions Related to Animals › Chapter 802 - Dog or Cat Breeders › Subchapter B. Powers and Duties of Commission and Department › Section 802.061. Contracts for Enforcement

Sec. 802.061.  CONTRACTS FOR ENFORCEMENT.  The department may contract with a third-party inspector to enforce or assist in the enforcement of this chapter and rules adopted under this chapter, including the performance of inspections and investigations required under this chapter.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1284 (H.B. 1451), Sec. 2, eff. June 17, 2011.
2023 Texas Statutes › Occupations Code › Title 4 - Professions Related to Animals › Chapter 802 - Dog or Cat Breeders › Subchapter B. Powers and Duties of Commission and Department › Section 802.062. Inspections

Sec. 802.062.  INSPECTIONS.  (a)  The department shall inspect each facility of a licensed breeder at least once in every 18-month period and at other times as necessary to ensure compliance with this chapter and rules adopted under this chapter.
(b)  An inspection by the department must be conducted during the facility's normal business hours, and the licensed breeder or a representative of the licensed breeder must be given a reasonable opportunity to be present during the inspection.
(c)  If necessary to adequately perform the inspection, the department or third-party inspector may determine it is appropriate to not provide advance notice to the licensed breeder or a representative of the licensed breeder before arriving at the facility.  The licensed breeder or its representative shall, on request of an inspector, assist the inspector in performing the inspection.
(d)  In conducting an inspection under this section, an inspector may not enter or access any portion of a private residence of a licensed breeder except as necessary to access animals or other property relevant to the care of the animals.  The inspector may request that relevant documents or records be provided for inspection.
(e)  The inspector shall submit an inspection report to the department not later than the 10th day after the date of the inspection on a form prescribed by the department and provide a copy of the report to the licensed breeder or its representative.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1284 (H.B. 1451), Sec. 2, eff. June 17, 2011.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 663 (H.B. 1560), Sec. 1.17, eff. September 1, 2021.
2023 Texas Statutes › Occupations Code › Title 4 - Professions Related to Animals › Chapter 802 - Dog or Cat Breeders › Subchapter B. Powers and Duties of Commission and Department › Section 802.063. Investigations

Sec. 802.063.  INVESTIGATIONS.  On receipt of a complaint alleging a violation of this chapter or a rule adopted under this chapter, the department or a third-party inspector designated by the department shall investigate the alleged violation.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1284 (H.B. 1451), Sec. 2, eff. June 17, 2011.
2023 Texas Statutes › Occupations Code › Title 4 - Professions Related to Animals › Chapter 802 - Dog or Cat Breeders › Subchapter B. Powers and Duties of Commission and Department › Section 802.064. Reporting Animal Cruelty

Sec. 802.064.  REPORTING ANIMAL CRUELTY.  A person conducting an inspection under Section 802.062 or 802.103 or an investigation under Section 802.063 shall notify the appropriate local law enforcement agency not later than 24 hours after discovering evidence of animal cruelty or neglect during the inspection or investigation.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1284 (H.B. 1451), Sec. 2, eff. June 17, 2011.
2023 Texas Statutes › Occupations Code › Title 4 - Professions Related to Animals › Chapter 802 - Dog or Cat Breeders › Subchapter C. Licensing of Dog or Cat Breeders › Section 802.101. License Required

Sec. 802.101.  LICENSE REQUIRED.  (a)  A person may not act as, offer to act as, or represent that the person is a dog or cat breeder in this state unless the person holds a license under this chapter for each facility that the person owns or operates in this state.  A license for a single facility may cover more than one building on the same premises.
(b)  The commission by rule may establish requirements for issuance or renewal of a license issued to a dog or cat breeder under this chapter.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1284 (H.B. 1451), Sec. 2, eff. June 17, 2011.
2023 Texas Statutes › Occupations Code › Title 4 - Professions Related to Animals › Chapter 802 - Dog or Cat Breeders › Subchapter C. Licensing of Dog or Cat Breeders › Section 802.102. Application

Sec. 802.102.  APPLICATION.  An applicant for a license under this chapter must:
(1)  submit to the department a completed application on a form prescribed by the department;
(2)  submit to the department the information regarding the applicant's facilities and operations requested by the department;
(3)  demonstrate that the applicant has satisfied the requirements of this chapter and rules adopted under this chapter; and
(4)  pay to the department the required fee.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1284 (H.B. 1451), Sec. 2, eff. June 17, 2011.
2023 Texas Statutes › Occupations Code › Title 4 - Professions Related to Animals › Chapter 802 - Dog or Cat Breeders › Subchapter C. Licensing of Dog or Cat Breeders › Section 802.103. Prelicense Inspection

Sec. 802.103.  PRELICENSE INSPECTION.  (a)  Except as provided by Subsection (e), the department must inspect a facility before a license is issued for the facility.
(b)  The department may not issue a license to a dog or cat breeder until the department receives a prelicense inspection report from the inspector in a format approved by the department certifying that the facility meets the requirements of this chapter and rules adopted under this chapter.
(c)  Before the prelicense inspection may be conducted, each applicant must pay to the department the required inspection fee to be used to pay third-party inspectors and the reasonable expenses of the department related to its licensing and inspection duties under this chapter.
(d)  An applicant whose facility does not meet the requirements of this chapter and rules adopted under this chapter as revealed by a prelicense inspection may, after correcting deficiencies noted in the inspection report, request another prelicense inspection by paying the required fee to the department.
(e)  The department may not require a prelicense inspection of a facility for an applicant who:
(1)  holds a current Class A animal dealers license issued under the Animal Welfare Act (7 U.S.C. Section 2131 et seq.); and
(2)  submits to the department:
(A)  a copy of the license; and
(B)  on a form prescribed by the department, a statement certifying that the facility meets the requirements of this chapter and rules adopted under this chapter.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1284 (H.B. 1451), Sec. 2, eff. June 17, 2011.
2023 Texas Statutes › Occupations Code › Title 4 - Professions Related to Animals › Chapter 802 - Dog or Cat Breeders › Subchapter C. Licensing of Dog or Cat Breeders › Section 802.104. Initial License

Sec. 802.104.  INITIAL LICENSE.  The department shall issue a license to each dog or cat breeder who:
(1)  meets the requirements of this chapter and rules adopted under this chapter;
(2)  applies to the department on the form prescribed by the department; and
(3)  pays the required fee.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1284 (H.B. 1451), Sec. 2, eff. June 17, 2011.
2023 Texas Statutes › Occupations Code › Title 4 - Professions Related to Animals › Chapter 802 - Dog or Cat Breeders › Subchapter C. Licensing of Dog or Cat Breeders › Section 802.105. Term; Nontransferability

Sec. 802.105.  TERM; NONTRANSFERABILITY.  A license issued under this chapter is valid until the first anniversary of the date of issuance and is nontransferable.  The department shall include the expiration date on each license issued under this chapter.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1284 (H.B. 1451), Sec. 2, eff. June 17, 2011.
2023 Texas Statutes › Occupations Code › Title 4 - Professions Related to Animals › Chapter 802 - Dog or Cat Breeders › Subchapter C. Licensing of Dog or Cat Breeders › Section 802.106. License Renewal

Sec. 802.106.  LICENSE RENEWAL.  (a)  A licensed breeder may renew the person's license by:
(1)  submitting a renewal application to the department on the form prescribed by the department;
(2)  complying with any other renewal requirements adopted by the department; and
(3)  paying the required fee.
(b)  A person whose license has expired may not engage in activities that require a license until the license has been renewed.
(c)  The department may not renew the license of a person if the person is in violation of this chapter or any rule adopted under this chapter at the time of renewal.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1284 (H.B. 1451), Sec. 2, eff. June 17, 2011.
2023 Texas Statutes › Occupations Code › Title 4 - Professions Related to Animals › Chapter 802 - Dog or Cat Breeders › Subchapter C. Licensing of Dog or Cat Breeders › Section 802.107. License Denial, Revocation, and Suspension

Sec. 802.107.  LICENSE DENIAL, REVOCATION, AND SUSPENSION.  (a)  The department shall deny issuance of a license to, or refuse to renew the license of, a person if the person or a controlling person of the dog or cat breeder has pled guilty or nolo contendere to, been convicted of, or received deferred adjudication for animal cruelty or neglect in this state or any other jurisdiction in the five years preceding the person's initial or renewal application for a license.
(b)  Subject to Subsection (b-1), the license of a licensed breeder is revoked by operation of law if, after the license is issued, the licensed breeder or a controlling person of the licensed breeder pleads guilty or nolo contendere to, is convicted of, or receives deferred adjudication for animal cruelty or neglect in this state or any other jurisdiction.
(b-1)  Before a license is revoked under Subsection (b), the department must issue a notice of the revocation under the grounds prescribed by that subsection to the licensed breeder stating that the licensed breeder or the licensed breeder's representative may, not later than the 20th day after the date the licensed breeder receives the notice, submit to the department proof that the licensed breeder or controlling person of the licensed breeder, as applicable, did not plead guilty or nolo contendere to, was not convicted of, or did not receive deferred adjudication for animal cruelty or neglect in this state or any other jurisdiction as described by Subsection (b).
(c)  The department may deny issuance of a license to, refuse to renew the license of, or revoke or suspend a license held by a person who:
(1)  fails to meet the requirements of this chapter and rules adopted under this chapter;
(2)  has had a similar license issued by a federal, state, or local authority denied, revoked, or suspended;
(3)  has falsified any material information requested by the department;
(4)  has failed to meet a standard adopted by rule under this chapter; or
(5)  has failed to comply with any corrective action required under an inspection report in the time provided by the report.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1284 (H.B. 1451), Sec. 2, eff. June 17, 2011.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 400 (S.B. 1531), Sec. 3, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 4 - Professions Related to Animals › Chapter 802 - Dog or Cat Breeders › Subchapter D. Practice by Licensed Breeder › Section 802.151. Display of License; Applicable Laws and Rules; Inclusion of License Number and Department Information

Sec. 802.151.  DISPLAY OF LICENSE; APPLICABLE LAWS AND RULES; INCLUSION OF LICENSE NUMBER AND DEPARTMENT INFORMATION.  A licensed breeder shall:
(1)  prominently display a copy of the license at the breeder's facility;
(2)  maintain at the breeder's facility a printed copy of this chapter and rules adopted under this chapter as made available by the department;
(3)  include the license number in each advertisement of the licensed breeder; and
(4)  include in each contract for the sale or transfer of an animal by the licensed breeder:
(A)  the license number; and
(B)  the following statement: "Dog and cat breeders are regulated by the Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711, 1-800-803-9202, 512-463-6599, www.license.state.tx.us" or a similar statement adopted by commission rule that includes the department's name, mailing address, telephone numbers, and Internet website address.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1284 (H.B. 1451), Sec. 2, eff. June 17, 2011.
2023 Texas Statutes › Occupations Code › Title 4 - Professions Related to Animals › Chapter 802 - Dog or Cat Breeders › Subchapter D. Practice by Licensed Breeder › Section 802.152. Change in License Information

Sec. 802.152.  CHANGE IN LICENSE INFORMATION.  A licensed breeder shall notify the department in a manner prescribed by the department not later than the 10th day after the date any change occurs in the address, name, management, or controlling person of the business or operation.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1284 (H.B. 1451), Sec. 2, eff. June 17, 2011.
2023 Texas Statutes › Occupations Code › Title 4 - Professions Related to Animals › Chapter 802 - Dog or Cat Breeders › Subchapter D. Practice by Licensed Breeder › Section 802.153. Annual Inventory

Sec. 802.153.  ANNUAL INVENTORY.  (a)  Not later than February 1 of each year, a licensed breeder shall submit to the department, on a form prescribed by the department, an accounting of all animals held at the facility at any time during the preceding calendar year.
(b)  The licensed breeder shall keep copies of the items described by Subsection (a) at the licensed breeder's facility and shall make them available on request to the department or a third-party inspector designated by the department.
(c)  A licensed breeder that has more than one facility shall:
(1)  keep separate records for each facility; and
(2)  submit a separate accounting of animals for each facility.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1284 (H.B. 1451), Sec. 2, eff. June 17, 2011.
2023 Texas Statutes › Occupations Code › Title 4 - Professions Related to Animals › Chapter 802 - Dog or Cat Breeders › Subchapter D. Practice by Licensed Breeder › Section 802.154. Animal Records

Sec. 802.154.  ANIMAL RECORDS.  (a)  The commission shall adopt rules establishing the minimum information that a licensed breeder must maintain for each animal in the breeder's facility.  A licensed breeder shall maintain a separate record for each animal in the breeder's facility documenting the animal's care.
(b)  The licensed breeder shall make the animal records available on request to the department or a third-party inspector designated by the department.
(c)  The commission by rule shall establish the retention period for records required under this section.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1284 (H.B. 1451), Sec. 2, eff. June 17, 2011.
2023 Texas Statutes › Occupations Code › Title 4 - Professions Related to Animals › Chapter 802 - Dog or Cat Breeders › Subchapter F. Enforcement › Section 802.251. Disciplinary Action; Administrative Penalty

Sec. 802.251.  DISCIPLINARY ACTION; ADMINISTRATIVE PENALTY.  If a person violates this chapter or a rule adopted under this chapter, the person is subject to any action or penalty under Subchapter F or G, Chapter 51.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1284 (H.B. 1451), Sec. 2, eff. June 17, 2011.
2023 Texas Statutes › Occupations Code › Title 5 - Regulation of Financial and Legal Services › Subtitle A - Financial Services › Chapter 901 - Accountants › Subchapter A. General Provisions › Section 901.001. Short Title

Sec. 901.001.  SHORT TITLE.  (a)  This chapter may be cited as the Public Accountancy Act.
(b)  A reference in law to the Public Accountancy Act of 1979 or the Public Accountancy Act of 1991 means this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.