Providing for the regulation of commercial establishments possessing or controlling nonagricultural animals, providing penalties, and making penalties applicable

BACKGROUND —— GENERAL.1), including dogs and cats.2). A commercial establishment operates under one of three types of authorizations: (1) a certificate of registration for a pound, animal shelter, or research facility; (2) a state license for a boarding kennel, commercial kennel, or pet shop; and (3) a state license or a permit for a commercial breeder, dealer, or public auction.2(5)). BACKGROUND —— STANDARD OF CARE.10A). BACKGROUND —— ENTERING ONTO THE PREMISES OF A REGISTRANT OR STATE LICENSEE. 10C). DALS may also conduct an examination of the commercial establishment’s business records. BACKGROUND —— ENTERING ONTO THE PREMISES OF A PERMITTEE. DALS may enter onto the business premises of a commercial establishment operating as a permittee for the limited purpose of determining whether the permittee is providing animals maintained there the required standard of care. In order to enter onto the premises of a commercial establishment operated by a permittee, DALS must have reasonable cause to suspect that the permittee is not providing for the standard of care required for permittees. BACKGROUND —— DISCIPLINARY ACTIONS.10D). BACKGROUND —— PENALTIES.12A). A commercial establishment that does not operate pursuant to an authorization issued or renewed under the Code chapter is subject to a civil penalty of not more than $1,000 for a violation of the Code chapter, regardless of the number of animals possessed or controlled by the commercial establishment.13). A person who violates a standard of care is also guilty of a simple misdemeanor.13). BILL’S PROVISIONS —— TYPES OF COMMERCIAL ESTABLISHMENTS. Under current law, a commercial breeder is a person who is engaged in the business of breeding more than three male or female dogs or cats. The bill increases that exception to more than six male or female dogs or cats age 12 months or older. Under current law, a commercial kennel is a business that performs grooming, boarding, or training services for dogs or cats and a boarding kennel is a commercial establishment that shelters and maintains dogs or cats. The bill eliminates a boarding kennel as a type of commercial establishment subject to regulation. BILL’S PROVISIONS —— OUT-OF-STATE AUTHORIZATIONS. The bill provides that a commercial establishment is no longer able to do business in this state under an authorization issued or renewed by another state. BILL’S PROVISIONS —— ENTERING ONTO THE PREMISES OF A REGISTRANT OR STATE LICENSEE (INSPECTION). The bill provides requirements for regularly scheduled inspections of a commercial establishment that is operated by a registrant or state licensee. DALS is required to establish inspection tiers based on factors that assess the level of risk that a commercial establishment may violate the standard of care requirements. The bill’s provisions do not limit DALS from conducting an unscheduled inspection as necessary to ensure compliance with the requirements of the Code chapter, including standard of care requirements. DALS must conduct an inspection of a commercial establishment within 24 hours of the time that it makes a determination that there is credible evidence that the commercial establishment has violated a standard of care requirement. BILL’S PROVISIONS —— ENTERING ONTO THE PREMISES OF A PERMITTEE (MONITORING COMPLIANCE). The bill provides that DALS may enter onto the premises of a commercial establishment operating as a permittee based on a United States department of agriculture inspection report indicating that the permittee is breaching a standard of care required of permittees. BILL’S PROVISIONS —— DISCIPLINARY ACTION. The bill provides that DALS may suspend or revoke an authorization due to the commercial establishment’s refusal to allow DALS to conduct an inspection pursuant to a search warrant or due to the interference of an inspection by a person associated with the commercial establishment. BILL’S PROVISIONS —— CIVIL PENALTIES. The bill provides that a commercial establishment operating under a registration or state license that fails to allow DALS to conduct an inspection or a person associated with the commercial establishment who interferes with the inspection is subject to a civil penalty.