Governor Perry Signs TX HB 1451 Into Law
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[Friday, June 17, 2011]
Texas Governor Rick Perry has signed House Bill 1451 into law. AKC opposed this legislation as it will negatively impact responsible owners and breeders and will not improve animal welfare in Texas.

The Texas Department of Licensing and Regulation is ordered to promulgate regulations by March 31, 2012. Those meeting the thresholds set forth in HB 1451 will have until September 1, 2012 to come into compliance with the provisions of this bill and the subsequent regulations and to obtain the license. The American Kennel Club and our local clubs will work within the upcoming regulatory process to protect responsible owners and breeders as much as possible. We will update our website and Texas constituents as this issue progresses.

The AKC thanks all the clubs and individuals who worked to oppose this legislation and took the time contact their elected officials.

SUBCHAPTER D. PRACTICE BY LICENSED BREEDER
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.
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.
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.
Sec. 802.154. ANIMAL RECORDS. (a) A licensed breeder shall maintain a separate record for each animal in the breeder's facility documenting the animal's care.
(b) The record must include:
(1) the date the animal entered the facility;
(2) if applicable, the name, address, and telephone number of the person from whom the animal was purchased or obtained;
(3) a description of the animal, including the animal's breed, sex, color, identifying marks, and weight;
(4) the date of birth of the animal or approximate age if the date of birth is unknown;
(5) any tattoo, microchip, or other identification number carried by or appearing on the animal;
(6) if the animal is a breeding female:
(A) breeding dates;
(B) dates the animal gave birth to a litter;
(C) number of puppies or kittens for each litter of the animal; and
(D) the name and identification of the sire or tom for each litter;
(7) all veterinary care provided for the animal, including a record of all inoculations, medications, and other veterinary medical treatment received by the animal while in the possession of the licensed breeder; and
(8) for an animal that was at the facility but is no longer at the facility:
(A) the date of disposition or death of the animal; and
(B) as applicable:
(i) the name and address of the person to whom the animal was transferred; or
(ii) the animal's cause of death.
(c) The licensed breeder shall make the animal records available on request to the department or a third-party inspector designated by the department.
(d) The commission by rule shall establish the retention period for records required under this section.
[Sections 802.155-802.200 reserved for expansion]
SUBCHAPTER E. STANDARDS OF CARE AND CONFINEMENT
Sec. 802.201. ADOPTION OF STANDARDS. (a) The commission shall adopt rules establishing minimum standards for the humane handling, care, housing, and transportation of dogs and cats by a dog or cat breeder to ensure the overall health, safety, and well-being of each animal in the breeder's possession.
(b) The standards adopted under this section must:
(1) at a minimum, meet federal regulations;
(2) require that, unless otherwise certified by a veterinarian in the manner prescribed by the department, a licensed breeder, if applicable, provide each dog 12 weeks of age and older with at least one hour of daily exercise in an area that:
(A) has a surface that has adequate drainage and that will not adversely affect the dog's health or well-being, and that may be composed of natural turf or soil;
(B) provides adequate protection against harsh weather, including exposure to the sun; and
(C) has at least three times more square feet than the dog's primary enclosure;
(3) require that an adequate period consistent with breed standards elapse between the breeding cycles of each adult intact female animal;
(4) require that a dog or cat breeder provide basic grooming to each animal, including bathing and nail trimming, as needed to prevent any condition that adversely affects the animal's health and cleanliness;
(5) require that all primary enclosures:
(A) be composed of materials that are safe for the animal based on the animal's breed, size, and age;
(B) have adequate space to allow the animal to comfortably stand, sit, turn around, and lie down in a natural position;
(C) have adequate drainage; and
(D) if any portion of the floor surface is composed of wire or a slatted material, be free from any protruding, sharp surfaces and be designed so the animal's paws are unable to extend through, or become caught in, the floor;
(6) prohibit the placement of a primary enclosure of an animal on top of the primary enclosure of another animal, unless an impervious barrier designed to prevent the transfer of any liquid or animal waste from one enclosure to the other is placed between the enclosures;
(7) prohibit the stacking of the primary enclosures of dogs above three vertical levels;
(8) require at least one regular veterinary examination a year for a breeding animal;
(9) require that a dog or cat breeder maintain at each of the breeder's facilities a written health care management protocol that addresses routine and preventive care;
(10) ensure that necessary routine and preventive care is provided to each animal and that each animal receives appropriate care and treatment for any disease or illness that affects the animal's health or well-being;
(11) prohibit a person from euthanizing an animal or performing a surgical birth of an animal unless the person is a veterinarian;
(12) require appropriate training for any person whose duties and responsibilities include the handling of or caring for an animal in a dog or cat breeder's facility; and
(13) prohibit a dog or cat breeder from selling, trading, or giving away an animal before the animal is eight weeks of age.
(c) The commission by rule may modify existing standards and establish additional standards or requirements as necessary to protect or improve the health and well-being of animals or to protect the health and safety of the public.
[Sections 802.202-802.250 reserved for expansion]

Sec. 802.063. 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) The inspection must be conducted during the facility's normal business hours, and the licensed breeder or a representative of the licensed breeder may be present during the inspection.
(c) The department or third-party inspector may 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, documents, records, or other property relevant to the 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.

Please remember all of this when/if Gov. Perry decides to run for President. If he can't/won't protect responsible Texas breeders what do you think he will do with the rest of the country?

He also VETOED a bill that would stop the sale of puppies and kittens along the roadside in the small counties in Texas.

Now, does this make sense to anyone?

He would never get my vote anyway. His stance on illegal immigration sucks. Signing this type of legislation into law in his state shows he is a liberal sympathizer. I'm sure he caved into the presure or received a nice campaign donation from the Animal Rights groups.

I would not even think of voting for the man. It's the last thing our country needs is more government interference and regulation.

I do feel for the breeders in TX. What a nightmare for them.

Rick Perry a liberal? I don't think so. During his time as gov in Texas he's said OK to the execution of 231 human beings...innocent and mentally disabled as well...

I said sympathizer. If you read my name, RINO, that's what I used to described Perry, Republican In Name Only. He acts more like a liberal than a conservative. It's the liberals who listen to the AR's idiots and sympathize with their causes. It's the liberals who are for a bigger government with more restrictions and taxes. It's also the liberals who want to grant amnesty to 12 million illegals immigrants instead of securing our borders (of which he stated he supports).

I am not sure what you mean by innocent and mentally ill prisoners. I'm sure they've had their time in court and I'm assuming just because Perry won't grant stays of execution for them, you say he kills them.

Regardless, I would never vote for the man.