2011 TEXAS PUPPY MILL BILL- Convenes 1-11-11 - 82nd Legislature [HQ]
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.THE 2011 TEXAS PUPPY MILL BILL ...
A huge amount of misinformation and confusion surrounds the puppy mill bill concerning what it will and will not do. Opponents of the bill allege that it is intended to deprive people of pet ownership; to put breeders out of business; to further some yet-to-be-defined "animal rights" agenda and other politically charged and false accusations.
Before you take a position on this bill, we hope you will consider carefully its true purpose, what it will and will not do and who it will and will not affect.
What the bill does not do and who it does not affect.
The bill does not in any way affect or govern any of the following persons or groups:
* Hobby breeders - this includes: (i) breeders who have 10 or fewer breeding females, or (ii) breeders who do not sell the offspring, no matter how many breeding females they have.
* Pet stores – nothing in this bill deals with pet stores or their sales to the public.
* Boarding kennels – nothing in the bill deals with boarding kennels.
* Trainers– nothing in the bill deals with trainers, training techniques (including field training) or training facilities.
* Dog or cat shows, events or competitions </span>– no events, shows, competitions, etc. are in any way covered by the bill.
The bill does not prohibit commercial breeding. It simply licenses commercial breeders and requires them to meet certain minimum standards in the care and confinement of the dogs or cats in their custody. A "commercial breeder" is narrowly defined in the bill to mean only a person who possesses 11 or more adult intact female animals AND is engaged in the business of breeding animals for sale. Thus, to be covered by the bill a person must have 11 or more breeding females and must be in the business of selling their offspring. It’s clear from the definition that this bill is designed to regulate commercial businesses, not hobbies.
Unlike the bill introduced in the 2009 legislative session, this bill contains no consumer protection language, such as a "puppy lemon law." The bill has no such language and provides no cause of action against a seller of puppies and kittens by any buyer thereof.
Next, let’s look at what the bill does and what it requires of a commercial breeder.
As stated earlier, the principal purpose of this bill is to ensure the humane care and treatment of the dogs and cats in the custody of large-scale commercial breeders. To accomplish this, the bill requires a commercial breeder to obtain a commercial breeder license from the Texas Department of Licensing and Regulation (TDLR). This is the same agency that regulates all sorts of businesses and professions from manicurists to electricians to guard dog companies to scrap medal dealers to elevator manufacturers, etc. As of last count, they regulate over 28 businesses and professions. It’s equally important to note that no non-government entity has any power or regulatory authority under the bill. All licensing, regulation and enforcement is done by the TDLR or the local animal control authority.
The bill requires a commercial breeder to apply for a commercial breeder license and pay a fee set by the TDLR. The fees for the initial license and the renewal licenses cannot exceed the amount necessary to fund the cost of administering and enforcing the regulatory program by the TDLR.
The commercial breeder must allow the TDLR to perform an initial inspection and thereafter an annual inspection of the commercial breeder’s facility to ensure that it is in compliance with the standards set by TDLR. These standards will be similar to those currently set forth in the United States Department of Agriculture regulations for dogs and cat breeders under the Federal Animal Welfare Act. They will basically cover the housing, feeding, veterinary care, sanitation, etc. at the commercial breeder’s facility.
More specifically, large-scale commercial breeding facilities would be required to:
* Provide adequate wholesome food and clean water;
* Allow confined animals enough space to easily sit, stand, turnaround and lie down in a normal manner;
* Provide proper ventilation and adequate lighting for animals confined indoors;
* Provide structurally sound shelter with proper protection from inclement weather conditions for animals confined outdoors;
* Maintain adequate sanitation conditions within the living spaces;
* Provide proper handling, treatment and immunization of animals for disease, parasite and pest control, including proper care by a veterinarian and written health records for each animal.
Currently, there are no laws against puppy mills and no state regulation to require minimum care standards. Opponents of this bill argue that animal cruelty laws are already in place to allow seizure of starving or cruelly treated animals and, therefore, regulations are not needed. However, by the time that animal control officers have the evidence to conduct a seizure, the animals they find are either dead, dying or in need of extensive medical care. In any case, they have suffered needlessly for extended lengths of time.
This bill will address the cruelty that is inherent in this industry by requiring that breeders provide humane care and treatment of the animals as part of their standard operating practices.
Clarification and a Brief Explanation - The Texas Humane Legislation Network -
www.thln.org
