reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 90 - OFFENDER EDUCATION PROGRAMS FOR ALCOHOL AND DRUG-RELATED OFFENSES › Subchapter E - PROGRAM REQUIREMENTS - ADMINISTRATION AND OTHER RESPONSIBILITIES › Section 90.51 - Recordkeeping Regarding Course Participants

Current through Reg. 49, No. 28; July 12, 2024
(a) All program providers must collect and
				  maintain the following required information on each course participant:
(1) name;
(2) mailing address, city, and zip
				  code;
(3) e-mail address;
(4) date of birth;
(5) gender;
(6) driver's license number (if
				  any);
(7) grade in school or
				  educational level achieved;
(8)
				  present employment;
(9) date of
				  enrollment;
(10) date of course
				  completion;
(11) dates and
				  attendance record for each class module of the course completed;
(12) certificate of completion number;
				  and
(13) criminal case cause
				  number.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 90 - OFFENDER EDUCATION PROGRAMS FOR ALCOHOL AND DRUG-RELATED OFFENSES › Subchapter E - PROGRAM REQUIREMENTS - ADMINISTRATION AND OTHER RESPONSIBILITIES › Section 90.52 - Annual Reports

Current through Reg. 49, No. 28; July 12, 2024
(a) A program
				  provider must file an annual report for the period beginning September 1 of
				  each year and ending August 31 of the following year. The annual report form
				  must be submitted to the department by September 15 of each year.
(b) A program provider must submit the
				  following items on the department-prescribed annual report form:
(1) total number of participants registered
				  for each program course during the annual reporting period;
(2) total number of participants successfully
				  completing each program course during the annual reporting period;
(3) total number of courses conducted during
				  the annual reporting period;
(4)
				  names of all instructors permitted to give instruction for the program provider
				  and number of courses conducted by each instructor during the annual reporting
				  period;
(5) driver's license
				  numbers of all participants, or, in the absence of a driver's license number,
				  the date of birth of each participant completing the course;
(6) average percent of knowledge increase
				  across all courses conducted during the annual reporting period from pre-course
				  tests to post-course tests administered (not required for DWI Intervention
				  Programs); and
(7) percent of total
				  participants during the annual reporting period indicating significant
				  substance abuse problems, based upon the numerical score on the approved
				  screening instrument required to be administered (not required for Alcohol
				  Education Program for Minors).
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 90 - OFFENDER EDUCATION PROGRAMS FOR ALCOHOL AND DRUG-RELATED OFFENSES › Subchapter E - PROGRAM REQUIREMENTS - ADMINISTRATION AND OTHER RESPONSIBILITIES › Section 90.53 - Confidentiality

Current through Reg. 49, No. 28; July 12, 2024
All court-ordered programs must abide by and obtain any
					 consent to disclosure required by applicable Federal and State laws regarding
					 confidentiality of patient/client records including, as applicable and without
					 limitation:
(1)
										42 United States Code §
											290dd-2, Confidentiality of
				  Records;
(2) 42 Code of Federal
				  Regulations, Part 2, Confidentiality of Alcohol and Drug Abuse Patient Records;
				  and
(3) Health and Safety Code,
				  Chapter 611, Mental Health Records.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 90 - OFFENDER EDUCATION PROGRAMS FOR ALCOHOL AND DRUG-RELATED OFFENSES › Subchapter E - PROGRAM REQUIREMENTS - ADMINISTRATION AND OTHER RESPONSIBILITIES › Section 90.54 - Discrimination Prohibited

Current through Reg. 49, No. 28; July 12, 2024
A program provider or instructor must not discriminate
					 against participants based on sex, race, religion, age, national or ethnic
					 origin, or disability.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 90 - OFFENDER EDUCATION PROGRAMS FOR ALCOHOL AND DRUG-RELATED OFFENSES › Subchapter F - FEES › Section 90.80 - Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) All fees paid to the department and any
				  charges for program-related materials are non-refundable.
(b) Fees will be assessed in accordance with
				  the following fee schedule:
(1) Program
				  Provider License Fees (paid to department):
(A) Initial license application and first
				  endorsement fee--$300;
(B)
				  Additional endorsement fee--$280 per endorsement.
(C) Renewal application fee--$200;
(D) Reinstatement of endorsement fee--$280
				  per endorsement.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 90 - OFFENDER EDUCATION PROGRAMS FOR ALCOHOL AND DRUG-RELATED OFFENSES › Subchapter G - ENFORCEMENT › Section 90.91 - Complaints; Investigations

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Upon verbal or written request from the department, a program provider,
				  instructor, or any person associated with the program, must cooperate with the
				  department and furnish requested information concerning any department
				  investigation of a complaint.
(b)
				  If the department is investigating a complaint, the program provider must make
				  available or provide to the department upon request at any reasonable time, any
				  of its documents or records, including all records of any instructor or program
				  provider, unless otherwise prohibited by law.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 90 - OFFENDER EDUCATION PROGRAMS FOR ALCOHOL AND DRUG-RELATED OFFENSES › Subchapter G - ENFORCEMENT › Section 90.92 - Administrative Penalties and Sanctions

Current through Reg. 49, No. 28; July 12, 2024
If a person or entity violates any provision of Texas
					 Occupations Code Chapter 51, Texas Government Code, Chapter 171, the statutory
					 provisions identified in §90.1, this chapter, any rule or order of the
					 executive director or commission, proceedings may be instituted to impose
					 administrative penalties, administrative sanctions, or both
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 90 - OFFENDER EDUCATION PROGRAMS FOR ALCOHOL AND DRUG-RELATED OFFENSES › Subchapter G - ENFORCEMENT › Section 90.93 - Enforcement Authority

Current through Reg. 49, No. 28; July 12, 2024
The enforcement authority granted under Texas Government
					 Code, Chapter 171, Texas Occupations Code, Chapter 51, the statutory provisions
					 identified in §90.1, and any associated rules may be used to enforce the
					 statutory provisions identified in §90.1 and this
					 chapter.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 90 - OFFENDER EDUCATION PROGRAMS FOR ALCOHOL AND DRUG-RELATED OFFENSES › Subchapter G - ENFORCEMENT › Section 90.94 - Additional Conduct Subject to Disciplinary Actions

Current through Reg. 49, No. 28; July 12, 2024
(a) The department may deny, refuse to renew,
				  or revoke the application or the license of a program provider or an instructor
				  if the applicant for program provider or instructor license, or the program
				  provider or instructor, or a staff member:
(1) fails or has failed to comply with
				  applicable requirements under this chapter or any other applicable statute or
				  department rule, or an order of the commission or executive director;
(2) falsifies, submits or maintains, or has
				  falsified, submitted, or maintained any substantially false, inaccurate, or
				  incomplete documentation required under this chapter or related to the
				  applicable court-ordered program. This includes submission of any false or
				  misleading statements in an application or other statement or correspondence to
				  the department;
(3) engages or has
				  engaged in conduct or promotes, permits, or has promoted or permitted one or
				  more participants to engage in conduct inconsistent with behaviors and
				  principles taught or advocated under the curriculum prescribed under
				  §90.40;
(4) attends or has
				  attended any instructor training, instructs or is present at any class in a
				  court-ordered program, or performs duties related to a court-ordered program
				  while under the influence or impaired by alcohol or controlled substances, or
				  provides one or more course participants with, or permits or encourages one or
				  more course participants to use, any alcohol or controlled substance;
(5) permits or engages in misrepresentation,
				  fraud, or deceit regarding a court-ordered program provided or instructed by a
				  program provider or instructor;
(6)
				  engages or has engaged in conduct toward another that is violent or that
				  constitutes abuse, neglect, or exploitation under applicable law; or
(7) engages or has engaged in conduct with
				  respect to a participant that is inequitable, discriminatory, degrading,
				  disrespectful, retaliatory, of a romantic or sexual nature, or which otherwise
				  is or may be harmful to the health, safety, or welfare of a participant, to
				  participants generally, or to the public.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 90 - OFFENDER EDUCATION PROGRAMS FOR ALCOHOL AND DRUG-RELATED OFFENSES › Subchapter G - ENFORCEMENT › Section 90.95 - Criminal Penalties

Current through Reg. 49, No. 28; July 12, 2024
(a) Any person who
				  knowingly sells, trades, issues, or otherwise transfers, or possesses with
				  intent to sell, trade, issue, or otherwise transfer, a certificate or
				  certificate number to a person not authorized to possess the certificate or
				  certificate number is subject to criminal prosecution. The offense under this
				  subsection is a Class A misdemeanor under Section 171.0356, Government
				  Code.
(b) A person commits an
				  offense if the person knowingly possesses a certificate or a certificate number
				  that the person is not authorized to possess. The offense under this subsection
				  is a Class A misdemeanor under Section 171.0357, Government Code.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 91 - DOG OR CAT BREEDERS PROGRAM › Section 91.1 - Authority

Current through Reg. 49, No. 28; July 12, 2024
This chapter is adopted under the authority of the Texas
				  Occupations Code, Chapter 51 and Chapter 802.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 91 - DOG OR CAT BREEDERS PROGRAM › Section 91.10 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
				  shall have the following meanings, unless the context clearly indicates
				  otherwise. A word or term not defined in this chapter shall have the meaning
				  set forth in 9 C.F.R. Chapter I, Subchapter A, Part 1.
(1) Act--Texas Occupations Code, Chapter 802,
				relating to Dog or Cat Breeders.
(2) Adult animal--An animal six months of age
				or older.
(3) Animal--A dog or a
				cat.
(4) Cat--A mammal that is
				wholly or partly of the species
Felis domesticus.
(5) Commission--The Texas Commission of
				Licensing and Regulation under Texas Occupations Code, Chapter 51.
(6) Controlling person--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.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 91 - DOG OR CAT BREEDERS PROGRAM › Section 91.20 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
(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 the Texas Racing Act (Occupations Code,
				Title 13, Subtitle A-1).
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 91 - DOG OR CAT BREEDERS PROGRAM › Section 91.21 - License Required - Presumptions

Current through Reg. 49, No. 28; July 12, 2024
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.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 91 - DOG OR CAT BREEDERS PROGRAM › Section 91.22 - License Required

Current through Reg. 49, No. 28; July 12, 2024
(a) 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 must be licensed as a dog or cat breeder under the
				Act and this chapter.
(b) A person
				required to obtain a breeder's license under this chapter 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.
(c) A license for a single facility may cover
				more than one building on the same premises.
(d) For purposes of this section, each
				noncontiguous premise or physical location is a separate facility and must
				obtain a license under this chapter; unless the noncontiguous premises or
				physical locations are within 300 feet of each other.
(e) A dog or cat breeder who possesses five
				or more but fewer than 11 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 is not required to hold a license to act as a dog
				or cat breeder before January 1, 2024.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 91 - DOG OR CAT BREEDERS PROGRAM › Section 91.23 - License Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) Applicants
				for a license must submit all required information in a manner and form
				prescribed by the department.
(b)
				Applicants must submit the following:
(1) a
				complete application;
(2) a valid
				state sales tax identification number;
(3) the name and address of each controlling
				person; and
(4) the fee required
				under §91.80;
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 91 - DOG OR CAT BREEDERS PROGRAM › Section 91.24 - License Renewal

Current through Reg. 49, No. 28; July 12, 2024
(a) To renew a
				breeder license, a person must:
(1) submit a
				completed application in a manner prescribed by the department;
(2) provide a valid state sales tax
				identification number;
(3) provide
				the name and address of each controlling person;
(4) successfully pass a criminal background
				check for each applicant and controlling person;
(5) be in compliance with all commission or
				department orders directed to the applicant or a controlling person;
				and
(6) pay the fee required under
				§91.80.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 91 - DOG OR CAT BREEDERS PROGRAM › Section 91.25 - License Approval and Issuance

Current through Reg. 49, No. 28; July 12, 2024
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.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 91 - DOG OR CAT BREEDERS PROGRAM › Section 91.27 - License -Notice of Proposed Denial, Opportunity to Comply

Current through Reg. 49, No. 28; July 12, 2024
(a) If the department recommends denial of an
				application for a license under this chapter, the department shall send written
				notice of the decision to the applicant at the address shown on the application
				by certified mail, return receipt requested.
(b) The notice must state the reason for the
				department's decision.
(c) The
				notice may state that the decision is temporary pending compliance by the
				applicant. If the decision is temporary and the applicant complies with this
				chapter not later than the 14th day after the date the applicant receives the
				notice, the department may approve the application.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 91 - DOG OR CAT BREEDERS PROGRAM › Section 91.28 - Department Notifications to Licensee

Current through Reg. 49, No. 28; July 12, 2024
Unless otherwise provided for by statute or this chapter, the
				  department may send notice of department proposed actions and decisions through
				  email sent to the last email address designated by the
				  licensee.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 91 - DOG OR CAT BREEDERS PROGRAM › Section 91.29 - License Term

Current through Reg. 49, No. 28; July 12, 2024
A license issued by the department is valid only for the
				  person named on the license; applies only to the single facility, agency,
				  department or person named on the license; is nontransferable; and is valid for
				  12 months from the date of issuance.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 91 - DOG OR CAT BREEDERS PROGRAM › Section 91.30 - Exemptions

Current through Reg. 49, No. 28; July 12, 2024
(a) This section applies only to a dog bred
				with the intent that it be used primarily for:
(1) herding livestock, as defined by §
										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.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 91 - DOG OR CAT BREEDERS PROGRAM › Section 91.50 - Inspections-Prelicense

Current through Reg. 49, No. 28; July 12, 2024
(a) Except as provided by §91.51, the
				department shall inspect a facility before a license is issued for the
				facility.
(b) The department may
				not issue a license to a 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 prelicense inspection requirements for a
				license.
(c) An applicant whose
				facility does not meet the requirements of 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. Alternatively, the applicant may provide evidence, in a
				manner prescribed by the department, that deficiencies have been corrected and
				that the applicant's facility meets the requirements of this chapter.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 91 - DOG OR CAT BREEDERS PROGRAM › Section 91.51 - Inspections-Prelicense Exemption

Current through Reg. 49, No. 28; July 12, 2024
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) in a manner prescribed by the department,
				a statement certifying that the facility meets the requirements of the Act and
				this chapter.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 91 - DOG OR CAT BREEDERS PROGRAM › Section 91.52 - Inspections-Periodic

Current through Reg. 49, No. 28; July 12, 2024
(a) Each facility of a licensed breeder shall
				be inspected at least once in every 18-month period.
(b) The inspection must be conducted during
				the facility's normal business hours, and the licensed breeder or
				representative must be given a reasonable opportunity to be present during the
				inspection.
(c) If necessary to
				adequately perform the inspection, the department inspector may determine it is
				appropriate to not provide advance notice to the licensed breeder or
				representative 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) 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.
(e) The inspector may request that relevant
				documents or records be provided for inspection.
(f) 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.
(g) Based on the results of the periodic
				inspection, a licensed facility may be moved to an out-of-cycle inspection
				provided for in §91.53. The department will notify the owner of the
				facility, in writing, if the facility becomes subject to out-of-cycle
				inspection and the scheduled frequency of inspections.
(h) The licensee or representative must, upon
				request, make available to the inspector all records and other documents
				required by this chapter.
(i) On
				completion of the periodic inspection and while at the facility, the inspector
				shall leave with the licensee or representative a preliminary report in a
				manner prescribed by the department listing the items not meeting the
				requirements of this chapter. The preliminary report required by this section
				is in addition to the completed report required by this chapter and does not
				affect the validity of the completed detailed report.
(j) The inspection report will identify
				violations that must be corrected by the licensee. The report may also indicate
				the corrective actions required to address the violations.
(k) The department may assess administrative
				penalties and/or administrative sanctions for violations disclosed during
				inspections under this chapter.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 91 - DOG OR CAT BREEDERS PROGRAM › Section 91.53 - Out-of-Cycle Inspections

Current through Reg. 49, No. 28; July 12, 2024
(a) Out-of-cycle
				inspections are those required in addition to periodic inspections required
				under §91.52 for licensed facilities to ensure compliance with this
				chapter.
(b) To determine which
				licensees will be subject to out-of-cycle inspections, the department has
				established criteria and frequencies for inspections.
(c) The owner of the facility shall pay the
				fee required under §91.80 for each out-of-cycle inspection.
(d) Facilities subject to out-of-cycle
				inspections may be scheduled for inspection based on the following risk
				criteria and inspection frequency:
Attached
				  Graphic
(e) At
				the time of inspection of a licensee, the licensee or representative must, upon
				request, make available to the inspector, records, notices and other documents
				required by this chapter.
(f) On
				completion of the out-of-cycle inspection and while at the facility, the
				inspector shall leave with the licensee or representative a preliminary report
				on a form approved by the department listing the items not meeting the
				requirements of this chapter. The preliminary report required by this section
				is in addition to the completed report required by this chapter and does not
				affect the validity of the completed detailed report.
(g) The inspection report will identify
				violations that must be corrected by the licensee. The report may also indicate
				recommended corrective actions required to address the violations.
				Additionally, the department may assess administrative penalties and/or
				administrative sanctions for violations identified during the out-of-cycle
				inspection.
(h) Facilities on a
				Tier 1 out-of-cycle inspection schedule that have two inspections with no
				violations or a Tier 2 out-of-cycle inspection schedule that have three
				inspections with no violations may be moved to a less frequent out-of-cycle
				inspection schedule or returned to a periodic schedule of inspections. The
				department will notify the licensee, in writing, if there is a change in the
				facility's out-of-cycle schedule or if the facility is returned to a periodic
				inspection schedule.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 91 - DOG OR CAT BREEDERS PROGRAM › Section 91.54 - Corrective Actions Following Periodic or Out-of-Cycle Inspections

Current through Reg. 49, No. 28; July 12, 2024
(a) When corrective actions to achieve
				compliance are required:
(1) the department
				may provide the licensee a list of recommendations for corrective actions;
				and
(2) the licensee shall complete
				all corrective actions and provide written verification of the corrective
				actions to the department according to the following schedule:
(A) violations affecting an animal's health
				shall be corrected immediately; or
(B) after consultation with the licensee or
				representative, violations related to housing facilities must be corrected
				within a reasonable time as determined by the inspector based on a totality of
				the circumstances.
(3)
				The department may grant an extension, consistent with established procedures,
				if satisfactory evidence is presented showing that the time period specified is
				inadequate to perform the necessary corrections.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 91 - DOG OR CAT BREEDERS PROGRAM › Section 91.55 - Responsibilities of the Department-Directory

Current through Reg. 49, No. 28; July 12, 2024
(a) The department shall maintain a directory
				of dog or cat breeders licensed under this chapter.
(b) The department shall make the directory
				available to the public.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 91 - DOG OR CAT BREEDERS PROGRAM › Section 91.56 - Responsibilities of the Department - Disciplinary Database

Current through Reg. 49, No. 28; July 12, 2024
(a) The department shall maintain a database
				of dog or cat breeders who have been subject to disciplinary action or
				sanctions.
(b) The department shall
				make the information maintained in the database available to the
				public.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 91 - DOG OR CAT BREEDERS PROGRAM › Section 91.57 - Responsibilities of the Department-Consumer Interest Information

Current through Reg. 49, No. 28; July 12, 2024
(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.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 91 - DOG OR CAT BREEDERS PROGRAM › Section 91.58 - Responsibilities of the Department-Donations, Disbursements and Reporting

Current through Reg. 49, No. 28; July 12, 2024
(a) The executive director shall develop
				procedures for the acceptance, conversion, and deposit of all donations offered
				by individuals, clubs, organizations, and all other sources.
(b) Conversion of donations of real or
				personal property into United States currency shall be accomplished by the
				executive director or designee.
(c)
				Donations received shall be deposited in a dedicated training and enforcement
				account in the general revenue fund to the credit of general revenue subject to
				exemption from the application of §
									403.095, Government
				Code.
(d) The executive director
				shall approve in writing all disbursements from the training and information
				account.
(e) A disbursement under
				this section may include but is not limited to promotional costs to enhance the
				fund.
(f) All donations may be used
				for these purposes unless otherwise specifically prohibited by the
				donor.
(g) All disbursements from
				the accounts will be by check signed by the executive director.
(h) The commission will be furnished a
				quarterly report detailing all deposits into and expenditures from the
				fund.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 91 - DOG OR CAT BREEDERS PROGRAM › Section 91.59 - Responsibilities of the Department - Reporting Violations; Eligibility of Applicant

Current through Reg. 49, No. 28; July 12, 2024
(a) The department
				shall establish an online complaint reporting system for reporting violations
				of this chapter, including unlicensed activity by persons required to obtain a
				license under this chapter.
(b) The
				online reporting system shall provide an option designed to protect from
				disclosure the identity of persons electing to provide information
				anonymously.
(c) A person shall be
				eligible to receive a reward if information submitted online or in writing to
				the department leads to the issuance of a final order by the commission finding
				unlicensed activity under this chapter.
(d) A person providing information under this
				section may be identified either by name, address and telephone number or may
				request an anonymous code number which shall be used in lieu of person's name
				in all subsequent transactions.
(e)
				Information provided by a person under this section shall be independently
				verified and substantiated by department inspectors or investigators.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 91 - DOG OR CAT BREEDERS PROGRAM › Section 91.60 - Responsibilities of the Department - Payment of Rewards

Current through Reg. 49, No. 28; July 12, 2024
(a) The amount of reward granted to eligible
				applicants may not exceed $1,000 and shall be determined on a case by case
				basis by the executive director.
(b) In the event two or more eligible
				applicants furnish information pertaining to unlicensed activity, the reward
				may be divided among the eligible applicants in an amount determined by the
				executive director.
(c) A reward
				under this section must be authorized by the executive director in writing
				stating the public purpose served by the payment.
(d) A decision by the executive director to
				pay or otherwise allocate reward payments is within the sole discretion of the
				executive director and this chapter in no way provides an independent right to
				such payments, if any.
(e) If the
				commission issues a final order finding unlicensed activity by a person named
				in the complaint submitted under this section, the department shall issue
				payment to the person or persons providing the information as soon thereafter
				as is practical.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 91 - DOG OR CAT BREEDERS PROGRAM › Section 91.61 - Establishment of Licensed Breeder Advisory Committee; Duties

Current through Reg. 49, No. 28; July 12, 2024
(a) The commission establishes the Licensed
				Breeder Advisory Committee as required by the Act.
(b) The advisory committee shall advise the
				commission and make recommendations on matters related to the administration
				and enforcement of the Act, including licensing fees and standards.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 91 - DOG OR CAT BREEDERS PROGRAM › Section 91.62 - Advisory Committee-Membership

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				advisory committee consists of nine members appointed by the presiding officer
				of the commission with the approval of the commission as follows:
(1) two members who are licensed
				breeders;
(2) two members who are
				veterinarians;
(3) two members who
				represent animal welfare organizations, each of which has an office based in
				this state;
(4) two members who
				represent the public; and
(5) one
				member who is an animal control officer as defined in §
										829.001,
				Health and Safety Code.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 91 - DOG OR CAT BREEDERS PROGRAM › Section 91.63 - Advisory Committee-Terms; Vacancies

Current through Reg. 49, No. 28; July 12, 2024
(a) Members of the advisory committee serve
				staggered four-year terms. The terms of four or five 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
				commission, with the approval of the commission, shall appoint a replacement
				member to serve for the remainder of the unexpired term.
(c) A member of the advisory committee may be
				removed from the advisory committee pursuant to Texas Occupations Code §
									51.209, Advisory
				Boards; Removal of Advisory Board Member.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 91 - DOG OR CAT BREEDERS PROGRAM › Section 91.64 - Advisory Committee-Officers

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				presiding officer of the commission shall designate one member of the advisory
				committee to serve as presiding officer of the advisory committee for a
				two-year term.
(b) A member may
				serve more than one term as presiding officer of the advisory
				committee.
(c) The presiding
				officer of the advisory committee shall preside at all meetings at which the
				presiding officer is in attendance. The presiding officer of the advisory
				committee may vote on any matter before the advisory committee.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 91 - DOG OR CAT BREEDERS PROGRAM › Section 91.65 - Advisory Committee-Meetings

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				advisory committee shall meet at the call of the presiding officer of the
				commission or the executive director.
(b) A quorum of the advisory committee is
				necessary to conduct official business. A quorum is five members.
(c) A decision of the advisory committee is
				effective only on a majority vote of the members present.
(d) A member may not receive compensation for
				service on the advisory committee. Subject to the department's budget and any
				limitation provided by the General Appropriations Act, a committee member may
				receive reimbursement for the actual and necessary expenses incurred while
				performing advisory committee duties.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 91 - DOG OR CAT BREEDERS PROGRAM › Section 91.66 - Responsibilities of Inspectors-Inspections, Investigations, and Reports of Animal Cruelty

Current through Reg. 49, No. 28; July 12, 2024
(a) Inspections.
(1) An inspector must conduct inspections
				during the facility's normal business hours, and the licensed breeder or
				representative must be given a reasonable opportunity to be present during the
				inspection.
(2) If an inspector
				determines it is not appropriate to provide advance notice to the licensed
				breeder or representative before arriving at the facility, the inspection
				report must describe the reasons supporting the determination.
(3) 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.
(4) An inspector may request that relevant
				documents or records be provided for inspection.
(5) Inspectors must submit inspection reports
				to the department not later than the 10th day after the date of the inspection
				in a manner prescribed by the department and provide a copy of the report to
				the licensed breeder or its representative.
(6) An inspector may not perform an
				inspection authorized by §91.52 and §91.53 unless assigned or
				requested by the department.
(7)
				Inspections must be conducted in accordance with:
(A) the training procedures and protocols
				approved by the department; or
(B)
				if good cause exists to deviate from the established procedures and protocols
				or if no procedure or protocol exists for the issues presented during the
				inspection, the inspection report must contain an explanation of the issues
				presented and procedures followed.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 91 - DOG OR CAT BREEDERS PROGRAM › Section 91.71 - Responsibilities of Licensee - Advertising

Current through Reg. 49, No. 28; July 12, 2024
(a) A licensed breeder may not engage in
				false, misleading, or deceptive advertising.
(b) Each advertisement must conspicuously
				include the facility license number in a font clearly distinguishable from the
				background.
(c) For purposes of
				this section, a website and any offer to sell is considered
				advertising.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 91 - DOG OR CAT BREEDERS PROGRAM › Section 91.72 - Responsibilities of Licensee - Display of Breeders License

Current through Reg. 49, No. 28; July 12, 2024
A licensed breeder shall prominently display at the breeder's
				  facility, in an area readily accessible to the public, a copy of the department
				  issued breeders license.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 91 - DOG OR CAT BREEDERS PROGRAM › Section 91.73 - Responsibilities of Licensee-Onsite Availability of Law and Rules

Current through Reg. 49, No. 28; July 12, 2024
A licensed breeder must maintain at each of the breeder's
				  facilities a current printed copy or an electronic copy, in a manner prescribed
				  by the department, of Texas Occupations Code, Chapter 802 and rules adopted by
				  the commission regulating licensed breeders.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 91 - DOG OR CAT BREEDERS PROGRAM › Section 91.74 - Responsibilities of Licensee-Mandatory Contract Provisions

Current through Reg. 49, No. 28; July 12, 2024
A licensed breeder must include in each contract for the sale
				  or transfer of an animal:
(1) the
				license number; and
(2) 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.tdlr.texas.gov
."
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 91 - DOG OR CAT BREEDERS PROGRAM › Section 91.75 - Responsibilities of Licensee - Change in License Information

Current through Reg. 49, No. 28; July 12, 2024
A licensed breeder must notify the department in writing 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.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 91 - DOG OR CAT BREEDERS PROGRAM › Section 91.76 - Responsibilities of Licensee-Annual Inventory

Current through Reg. 49, No. 28; July 12, 2024
(a) Not later than February 1 of each year, a
				licensed breeder shall submit to the department, in a manner 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 inspector.
(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.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 91 - DOG OR CAT BREEDERS PROGRAM › Section 91.77 - Responsibilities of Licensee-Animal Records Content, Availability, and Retention Period

Current through Reg. 49, No. 28; July 12, 2024
(a) A licensed
				breeder shall maintain, at the licensed facility where the animal is kept, a
				record for each animal in the breeder's facility documenting the animal's care.
(1) Records required by this section must be
				maintained for at least two (2) years and must include:
(A) the date on which the animal enters the
				facility or operation;
(B) the
				person from whom the animal was purchased or obtained, including the name,
				address and phone number of such person, and license or registration number if
				applicable;
(C) a description of
				each animal, including the species, color, breed, sex, date of birth (if not
				known, the approximate age) and weight;
(D) any tattoo, microchip, or other
				identification number carried by or appearing on the animal;
(E) for breeding females:
(i) breeding dates;
(ii) whelping or queening dates;
(iii) number of puppies or kittens per
				litter;
(iv) sire or tom for each
				litter; and
(F) the
				disposition of each animal with date of disposition.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 91 - DOG OR CAT BREEDERS PROGRAM › Section 91.78 - Responsibilities of Licensee - Inspections

Current through Reg. 49, No. 28; July 12, 2024
The licensed breeder or its representative shall, on request
				  of an inspector, assist the inspector in performing the
				  inspection.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 91 - DOG OR CAT BREEDERS PROGRAM › Section 91.80 - Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) Application Fees
(1) Dog or Cat Breeder License, 5-10 Adult
				Intact Female Animals
(A) Original
				Application--$150
(B)
				Renewal--$150
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 91 - DOG OR CAT BREEDERS PROGRAM › Section 91.90 - Administrative Sanctions and Penalties

Current through Reg. 49, No. 28; July 12, 2024
A person that violates any provision of the Texas Occupations
				  Code, Chapters 51 and 802, this chapter, or a rule or an order of the executive
				  director or commission will be subject to administrative sanctions and/or
				  administrative penalties under Texas Occupations Code, Chapters 51 and 802, and
				  applicable agency rules.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 91 - DOG OR CAT BREEDERS PROGRAM › Section 91.91 - Enforcement Authority

Current through Reg. 49, No. 28; July 12, 2024
The enforcement authority granted under Texas Occupations
				  Code, Chapters 51 and 802 may be used to enforce the Act and this
				  chapter.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 91 - DOG OR CAT BREEDERS PROGRAM › Section 91.92 - License Denial, Revocation, and Suspension

Current through Reg. 49, No. 28; July 12, 2024
(a) The department shall deny, refuse to
				renew, suspend, or revoke a license in accordance with Occupations Code,
				Chapters 51, 53, and 802.
(b) The
				department may deny, refuse to renew, revoke, or suspend a license held by a
				person who:
(1) fails to meet the
				requirements of the Act or 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.