Bills › 88th General Assembly
Providing for the regulation of commercial establishments maintaining certain animals, providing fees, and making penalties applicable
Topics:Agriculture
Where it is now
- Done: IntroducedFebruary 13, 2020
- Stopped: SubcommitteeDied when the General Assembly ended
- Next: House committee
- Next: Passes the House
- Next: Senate committee
- Next: Passes the Senate
- Next: To the Governor
- Next: Signed into law
Died when the session ended The 2020 session adjourned on June 14, 2020, the General Assembly’s last regular session. Bills that didn’t pass both chambers died. What’s a funnel?
What’s in it
GENERAL. This bill provides for the regulation of commercial establishments maintaining animals, other than livestock or other agricultural animals, by the department of agriculture and land stewardship (DALS). A commercial establishment includes an animal shelter, boarding kennel, commercial breeder, commercial kennel, dealer, pet shop, pound, public auction, or research facility. REGISTRANTS. The bill requires certain persons to obtain a certificate of registration, including persons who provide rescue and sanctuary services.
Read the full explanation
Currently, a registrant includes an animal shelter, pound, and research facility. A registrant is required to pay an annual fee to DALS for deposit in the commercial establishment fund and is subject to inspection. The bill places a number of restrictions on the operations of a registrant, other than a research facility. The registrant is required to collect and remit sales and use taxes on transactions involving the sale of animals. A registrant must provide for the sale, including adoption, of an animal, by written contract. Generally, once the contract is executed, the registrant transfers all legal rights in the animal to the transferee. The bill restricts a registrant from acquiring by sale livestock or any other agricultural animal (referred to as a custodial animal). If a registrant acquires a custodial animal other than by sale, the registrant must make efforts to find the owner of the custodial animal. QUARANTINE. The bill also provides that a commercial establishment must quarantine an animal that it receives from out of state. CIVIL AND CRIMINAL PENALTIES. A commercial establishment that operates pursuant to an authorization, such as a registration, is subject to a civil penalty of up to $500 for violations of Code chapter 162. A commercial establishment that does not operate pursuant to an authorization is subject to a civil penalty of not more than $1,000. A person who operates without an authorization is also guilty of a simple misdemeanor. A simple misdemeanor is punishable by confinement for no more than days or a fine of at least $65 but not more than $625 or by both.