The Big Cat Public Safety Act was enacted December 20, 2022, to end the private ownership of big cats as pets and prohibit exhibitors from allowing public contact with big cats, including cubs.

It placed new restrictions on the commerce, breeding, possession, and use of certain big cat species. In order to continue to legally possess privately owned big cats, the Act required individuals or entities to register any big cat(s) that were in their possession before the date of enactment with the U.S. Fish and Wildlife Service (USFWS), unless another exception of the Act applies. This registration had to occur no later than June 18, 2023, which was 180 days after the date of enactment.  Now that registration is closed, click here to find the document that gives guidance for enforcement of the BCPSA.

The Dog and Cat Breeder Act provides basic protections for tens of thousands of dogs and cats confined and raised in large-scale breeding facilities by requiring humane housing and care standards and needed veterinary care.  The law is administered and enforced by the Texas Department of Licensing and Regulation and requires periodic inspections and annual veterinary care. 

About the Legislation

HB 1451 The Dog and Cat Breeder Act

Bill Caption: Relating to the licensing and regulation of certain dog and cat breeders; providing penalties. Effective Immediately on: June 17, 2011 Authors: Thompson | Pitts | Rodriguez, Eddie | Lucio III | Branch Coauthors: Hartnett | Johnson | King, Phil | Laubenberg | MarquezSponsor: Whitmire
Cosponsor: Ellis

Read more about this bill

What is Dog or Cat Breeding?

There is no Texas statute or rule that specifically defines “breeding.” However, you can infer by the collective definitions found in the licensed breeder statutes and rules that “breeding” means the practice of mating selected dogs with the intent to maintain or produce specific qualities and characteristics in order to sell the offspring for commercial purposes.

Who must be licensed?

Anyone who has 11 or more adult intact female dogs and /or cats and who sells or offers to sell 20 or more dogs or cats in a calendar year must be licensed. The law provides exemptions for certain types of dog breeding, including dogs, bred for herding livestock, hunting, or competing in field trials.

Are there different license types?
No. Breeder licenses are required for each facility. According to Tex. Occ. Code § 802.153(c):

1. keep separate records for each facility; and 
2. submit a separate accounting of animals for each facility.”

How is a Breeder Defined?

*A “breeder” is defined as a person who (1) possesses five or more adult intact female animals; and (2) is engaged in the business of breeding those animals for direct or indirect sale or for exchange in return for consideration. *See Tex. Occ. Code § 802.001(8) and 16 Tex. Admin. Code § 91.10(8)

Those who need a breeder’s license are those who meet the definition of a breeder or who hold themselves out to be a breeder is required to be licensed. Specifically, Tex. Occ. Code § 802.101(a) states: “A person 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. A license for a single facility may cover more than one building on the same premises.”

1. meets the requirements of this chapter and rules adopted under this chapter; 
2. applies* to the department on the form prescribed by the department; and 
3. pays the required fee ($300 - Licensed Breeder 25 or less intact females and $500 – Licensed Breeder 26 or more intact females). 

Licensed Breeder Responsibilities

• Timely license renewal annually;
• Prominently display a copy of the license at the breeder’s facility; 
• Maintain a copy of the breeders’ rules at each facility;
• Include the license number in each advertisement of the licensed breeder, and may not engage in false, misleading, or deceptive advertising;
• Include in each contract for the sale or transfer of an animal by the licensed breeder: the license number and 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”;
• Submit an annual inventory, giving an accounting of all animals held at the facility at any time during the preceding calendar year for each facility;
• Maintain a separate record for each animal in the breeder’s facility documenting the animal’s care, and these records must be on file at the licensed facility for at least two years; and
• Ensure that each breeding facility follows all standards of care the department sets.

What are the basic standards of care required by Texas Law?

Title 16 sections 91.100–.113 of the Texas Administrative Code provide comprehensive rules that regulate the standards of care for:

• indoor, outdoor, and sheltered housing facilities,
• primary enclosures, 
• compatible grouping of animals, 
• exercise for dogs, 
• feeding and watering of the animals, 
• cleaning, sanitation, housekeeping, pest control, onsite personnel, grooming, veterinary care, sales, and
• transfers.

Failure to abide by these rules may result in administrative penalties, including fines, suspension, revocation, or both.

Inspections and Investigations

Once an applicant applies and pays, TDLR will conduct a pre-license inspection, conducted by TDLR Field Operations to ensure the facility complies with TDLR standards.

After a license is issued to a breeder, inspectors conduct periodic inspections at least once every 18 months (16 Tex. Admin. Code § 91.52(a)).  

Because of the newness of the program, the majority of our cases are complaint-driven. The Department is required to investigate each complaint. As more individuals are required to become licensed, more complaints arise.  

During our investigations and inspections, we are looking whether the facility requires a license and if so, are TDLR safety and sanitation laws and rules are being followed. The Department is also looking for any signs of animal cruelty and neglect. In such cases, this information is forwarded to adequate authorities (criminal investigators).

Periodic Inspections

Periodic inspections every eighteen months. During the inspection, the inspector examines the facility to ensure animal health.  Specifically, the inspector looks for disease, sickness, visible injury, and adequate grooming. The inspector also ensures sanitation standards, such as cleanliness, sufficient food, and linen storage, and that the applicant adheres to proper waste disposal and insect treatment at the breeding facility. Further, the inspector ensures the facility’s housing and transportation requirements, including animal measurement, space requirement, kennel safety, proper heating and cooling, ground cover, adequate shade, access to food and clean water, and kennel population, are in compliance with TDLR standards.

See 16 TEX. ADMIN. CODE § 91.52

Out of Cycle Inspections

In addition, after the periodic inspection, the inspector may find that the licensee is subject to out-of-cycle inspections. These additional inspections become necessary to ensure facility compliance with serious or repeated violations. Specifically, if the periodic inspection reveals a serious or repeated violation relating to sanitation violations or failure to timely remedy violations documented during periodic inspections, investigations, or commission orders, the facility will be inspected twice a year. Moreover, if there are repeated or serious violations related to shelter, food, water, and medical treatment or examinations, the facility will be inspected four times each year. If an inspector determines that a licensee is subject to out-of-cycle inspections, TDLR will notify the owner in writing if the facility becomes subject to out-of-cycle inspections and the scheduled frequency of inspections.

See 16 Tex. Admin. Code § 91.53 

Onsite Duty to Report Animal Cruelty

Texas Penal Code § 42.092 (cruelty to a non-livestock animal) is a Class A Misdemeanor.

TDLR Inspectors/Investigators are required to report all animal cruelty violations within 24 hours to local law enforcement. § 802.064

It is advised to take photographs, write a detailed report, and turn it over to the local authorities.

Field Operations Division

Responsible for conducting pre-license, periodic, and out-of-cycle inspections. 

20 inspectors in the division

4 of the inspectors are assigned to the BRE program

146 licensees in Fiscal Year 2014

Most Common Violations include:

• 1. Standards of Care—Primary Enclosure, 16 Tex. Admin. Code Ch. 91, § 91.104(1)(A). Failure to be designed and constructed of suitable materials so that they are structurally sound. 
• 2. Standards of Care—Primary Enclosure, 16 Tex. Admin. Code Ch. 91, § 91.104(1)(B). Failure to properly maintain a primary enclosure so that it is suitable, safe, and secure for a dog or cat.
• 3. Standards of Care—Housing Generally, 16 Tex. Admin. Code Ch. 91, § 91.100(3)(B). Surfaces. All surfaces must be maintained on a regular basis. Surfaces must be replaced when worn or soiled.
• 4. Standards of Care—Housing Generally, 16 Tex. Admin. Code Ch. 91, § 91.100(1). Structure; construction. Housing facilities for dogs and cats must be designed and constructed so that they are structurally sound. They must be kept in good repair, and they must protect the animals from injury, contain the animals securely, and restrict other animals from entering.

Dubbed as the Puppy Mill on Wheels, this criminal has been selling puppies all over Houston and Harris County, but he is hard to catch and makes a quick getaway once authorities are notified.

Due to the lack of government oversight, many animals sold on the side of the road or in parking lots experience poor living conditions and receive inadequate care. Unlicensed and irresponsible breeders typically conduct roadside sales. Dogs and cats are often kept outside without water in hot temperatures, confined in small cages, and stored like warehouse items. Unregulated breeding and unsanitary practices in transporting, displaying, and selling these animals result in high, unmet needs for veterinary care. As a result, these animals can be rife with disease while spreading zoonotic diseases. 

THLN opposes the roadside sale of animals because of their reported inhumane treatment of animals. Common complaints include animals being kept in cramped spaces, lacking water and food even in hot climates, and animals too young to be weaned and sold apart from their mothers. Many dogs and cats are not vaccinated and suffer from fleas, mange, worms, and other diseases. Many animals are soon turned over to shelters because owners have a change of heart or cannot care for a sick animal, which increases costs to the local government.

Puppies being sold in a parking lot in Montgomery County, Texas, where is it legal to sell puppies.

In 2007, THLN worked on SB 254, which helped tighten up regulations governing roadside sales of live animals.

Before 2007, commissioners' courts in counties with a population of 2.2 million or more were authorized to regulate the sale of animals on a public highway or road, in the right-of-way of a public street or roadway, or a parking lot in the unincorporated area of the county. Through THLN's efforts, the size of the county to which this law applies was reduced from 2.2 to 1.3 million or more, which gives smaller counties like Bexar and Tarrant the authority to regulate these activities.

Learn more about this Victory

Brenda Roberts, left, and Russell Clements of Porter, Texas, set up shop on FM 1960 (Montgomery County, Texas, where roadside sales are not banned).

Unfortunately, in 2011 a significant roadside sales ban was vetoed.

HB 1768 allowed counties with a population greater than 450,000 to adopt ordinances to regulate the sale of animals (other than livestock). However, if the county’s population exceeds 3.3 million, then the county may regulate the roadside sale of all animals. The authors of the bill were Rep. Sergio Munoz and Senator Chuy Hinojosa. The bill, unfortunately, was vetoed by Governor Perry.

Dubbed as the Puppy Mill on Wheels, this criminal has been selling puppies all over Houston and Harris County, but he is hard to catch and makes a quick getaway once authorities are notified.

Since 2011’s veto, three other attempts at roadside sales bills were filed but did not pass: HB 2094 by Rep. Munoz, Jr. in 2015, HB 2309 by Rep. Metcalf in 2017, and HB 1107 by Rep. Reynolds in 2019.

Currently, a statewide roadside sales ban is necessary because of the passage of HB 2127 in 2023. HB 2127 amends Chapter 229 of the Texas Local Government Code by prohibiting municipalities from adopting or enforcing regulations concerning “the breeding, care, treatment, or sale of animals or animal products, including a veterinary practice, or the business’s transactions if the person operating that business holds a license for the business that is issued by the federal government or a state.” While HB 2127 bars local government from passing future ordinances of this type, roadside sales ordinances adopted before April 1, 2023, remain enforceable until a statewide law regulating the ban of roadside sales is passed.  

Important animal welfare conversations are happening across the United States. On this page, you can read more about our current animal-focused Federal Legislative Priorities.

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H.R. 2742 - Fight Inhumane Gambling and High-Risk Animal Trafficking (FIGHT)
H.R. 1624 - The Puppy Protection Act
H.R. 1788 - Goldie's Act
H.R. 3475 - Save America's Forgotten Equines Act (SAFE)
H.R. 3709 - Microchip Funding
H.R. 3957 - Providing of Unhoused People with Pets Act (PUPP)

Fight Inhumane Gambling and High-Risk Animal Trafficking (FIGHT)

Act H.R. 2742, known as the Fight Inhumane Gambling and High-Risk Animal Trafficking (FIGHT) Act is a high priority for THLN. This bipartisan bill aims to crack down on illegal cockfighting and dogfighting by banning simulcasting of fights, stopping the shipment of animals to fighting operations, allowing citizens to sue animal fighters, and enhancing law enforcement’s ability to seize valuable assets.

ISSUE:

Although rooster and dog fighting are illegal in all US states and territories, the advent of simulcasting has allowed the global animal-fighting industry to flourish. Cockfighting thrives in Southeast Asia, as well as in Mexico. Currently, it is not illegal for US spectators to watch or place bets on live and recorded animal fights staged abroad.

In addition to profits from gambling on simulcast fights, cockfighting enthusiasts profit from breeding and shipping animals, particularly roosters, across the globe. Neighboring state Oklahoma, considered the cockfighting capital of the US, shipped over 5,100 roosters to Guam between 2019 and 2022.

Despite the fact cockfighting is a felony punishable by jail time in Texas, the practice persists right here in the Lone Star State. Between 2020 and 2022, authorities arrested cockfighters in seventeen Texas counties stretching across fourteen of Texas’ thirty-eight US Congressional districts. While several hundred birds were seized, Texas law enforcement officials lament that prosecuting cockfighters for animal cruelty isn’t enough to stop the organized crime rings from flouting the law.

Apart from their vicious treatment of roosters and dogs, animal fighters are notorious for engaging in a wide array of illicit activities, including human trafficking, money laundering and illegal arms sales. Still, enforcement of animal fighting laws is lax in some states. Shockingly, in recent years, legislators in other states have attempted to lower the penalties for animal fighting or decriminalize it altogether.

Above and beyond the barbarity of forcing animals to fight to their death, animal fighting presents serious public health risks. Diseases such as avian flu spread easily from cockfighting operations to chickens grown for food. An epidemic of Newcastle disease in California from 2002-2003 was spread by cockfighting roosters immune to the fatal virus, and a massive outbreak in 2018-2020 caused the deaths of 16 million birds and $1 billion in containment costs. Similarly, H5N1 bird flu emerged in Asia in the early 2000s and spread via cockfighting. Human health could be seriously impacted if H5N1 were to mutate into a strain transmissible from human to human.

SOLUTION:

H.R. 2742, known as the FIGHT Act, will crack down on cockfighting and dogfighting. The Act will:

· Ban simulcasting and gambling on animal fights.

· Prohibit the shipment of mature roosters through U.S. mail.

· Create a civil lawsuit provision allowing citizens to sue illegal animal fighters.

· Allow authorities to seize real property for animal fighting crimes.

The Puppy Protection Act of 2023

THLN strongly supports H.R. 1624 known as the Puppy Protection Act of 2023. This bipartisan bill will update the standards of care commercial dog breeders licensed by the USDA must meet to better protect the health and wellbeing of animals in their facilities.

ISSUE:

USDA standards of care under the current version of the Animal Welfare Act are so low they are referred to as “survival only” standards. For decades, standards of care at USDA facilities have lagged far behind standards imposed by state regulatory agencies. But not all states require a state license to breed and ship puppies.

USDA facilities are the operations that breed puppies for sale via the internet or to customers “sight unseen”. They have been the producer of choice for retail pet stores primarily because they always have a large “inventory” of popular breeds.

These producers, known in the industry as dealers, are able to have a constant supply of puppies by cutting corners at every turn, including confining dogs in cramped, wire cages, skipping vaccinations and overbreeding females. Some USDA licensees insist on performing surgical procedures themselves, like delivering puppies via cesarian-section. Animals in these facilities are routinely denied vet care, exercise, and socialization. Spent females are discarded or destroyed when they are no longer productive.

SOLUTION:

H.R. 1624, known as the Puppy Protection Act of 2023, would bolster protection for dogs in commercial breeding facilities by improving by:

· Improving housing standards, including requiring solid flooring, more space and temperature control.

· Requiring 30 minutes of socialization and exercise per day.

· Limiting how often females can be bred and requiring breeders to partner with shelters and rescues to rehome retired breeding dogs.

THLN was successful at improving the Texas Licensed Breeders Program (TLBP) which regulates dog and cat breeders who hold a Texas Department of Licensing and Regulation (TDLR) issued license by passing SB 876 in the 2023 Texas Legislative Session. However, TDLR does not have authority over the out-of-state USDA licensed producers who ship puppies to Texas to supply retail pet stores. Considering Texas is home to several retail pet stores that source from USDA suppliers, the Puppy Protection Act is vital to protecting both animals and consumers from sight unseen, out-of-state puppy mills.

Goldie’s Act

While the Puppy Protection Act of 2023 aims to improve standards of care for puppies and breeding dogs in USDA-licensed facilities, H.R. 1788, known as Goldie’s Act, would close loopholes in the Animal Welfare Act that allow USDA licensees to escape consequences for cruel treatment of animals in their care.

ISSUE:

Named after a Golden Retriever who suffered extreme neglect and died at a USDA-licensed in 2021, Goldie's Act will require the USDA to conduct more frequent and meaningful inspections, provide lifesaving intervention for suffering animals, issue penalties for violations, and communicate with local law enforcement to within 24 hours of citing licensees for cruelty.

Retail pet stores like to advertise that the puppies they sell come from USDA-licensed breeders because it gives the public the impression the puppies are sourced from clean, safe facilities. Regrettably, this is not so. USDA license holders have benefitted from regulation loopholes and lax enforcement for decades, but especially since 2017 when the USDA rewrote the inspection manual left inspector positions unfilled after inspectors left the agency. Thereafter, the number of reported violations declined significantly.

Before 2017, USDA inspectors recorded close to 2,000 violations yearly. In 2018, the number of violations cited on inspection reports fell to 280, and in 2020, the number declined to just over 150. Inspections plummeted further with the onset of the COVID pandemic and the majority of inspections conducted went virtual. The USDA inspections conducted at the facility where Goldie died were useless. The facility had racked up more than 200 violations over multiple inspections for cramming dogs in tiny cages, leaving dogs in cages filled with waste, and allowing dogs to die from disease and injury instead of seeking veterinary treatment.

In June 2021, the Office of Inspector General, the agency that audits federal programs issued a report showing USDA lacks transparency, does not follow up on complaints, and does not take enforcement actions against licensees. The report stated USDA's recordkeeping system is so deficient and unreliable the agency could not make informed management decisions or identify how many inspections had been completed. Nor did it have a complete list of all active licensees and inspections for the three-year period covered in the report.

Goldie’s suffering is just one example of an ongoing pattern of the USDA turning a blind eye to animal abuse. In 2022, the USDA recorded over 800 violations at USDA-licensed facilities. Incredibly, no animals were confiscated from breeders, no licenses were suspended, and no fines or penalties were imposed.

SOLUTION:

THLN strongly supports H.R. 1788 - known as Goldies Act – to require the USDA to interrupt animal suffering and punish problematic breeders. Specifically, Goldie’s Act would require the USDA to:

· Conduct annual inspections of licensee and grant access to all licensee facilities, requiring detailed descriptions of any observed violations.

· Confiscate animals who are suffering.

· Monetarily penalize licensees who violate the AWA.

· Share inspection information and reports with state, local, and municipal animal control or law enforcement within 24 hours of the inspection.

The Save America’s Forgotten Equines (SAFE) Act of 2023

ISSUE:

For several years now, the federal government has de facto prohibited horse slaughter for human consumption in the US by refusing to fund USDA inspections of horse slaughter plants. But the problem of transporting American horses over our borders for slaughter remains. In 2022, the USDA reported more than 16,300 horses were shipped to Mexico to be slaughtered; more than 5,100 horses went to slaughter in Canada.

Horses are considered companions, not food, by Americans, and most have no idea thousands of American horses are killed for food each year. The journey usually starts at an auction where horses are bought at bottom dollar by “kill buyers” for transport. These transports cause extreme suffering because the horses are loaded in cattle trucks

and forced to travel for days without food, water, or rest. They suffer dehydration, injuries, and even death before reaching their final destination.

Dismembering horses for consumption isn’t just cruel, it’s a public health risk. Unlike animals specifically raised to be eaten, the vast majority of US horses have been treated with a multitude of pain killers, dewormers, and even illegal performance-enhancing drugs known to be dangerous to humans.

SOLUTION:

H.R. 3475, known as the Save America’s Forgotten Equines (SAFE) Act:

· Prohibits shipping, transporting, delivering, receiving, possessing, buying, selling, or donating horses and other equines to be slaughtered for human consumption.

· Codifies that slaughtering horses for human consumption is illegal in all fifty states. Currently, horse slaughter plants are shuttered because USDA inspections have not been funded for years, but strictly speaking, horse slaughter for human consumption is not illegal under federal law.

· Protects the human food supply by halting the flow of horses tainted with toxic substances to slaughter plants abroad.

House Resolution 3709 - Microchip Funding

THLN supports H.R. 3709 which will direct the USDA to enter into cooperative agreements with animal shelters and humane societies to fund microchipping of shelter dogs and cats. The legislation was filed in late May of 2023 and was referred to the House Agriculture Committee. Not many details about the legislation are available yet. But the benefits of microchipping pets are well known. Consider the following statistics from an American Veterinary Medical Association study published in the AVMA Journal:

· One in three pets will become lost at some point during their lifetime.

· Microchipping pets increases their chances they’ll be reunited with their families by orders of magnitude. Approximately 22% of lost dogs that enter shelters are reunited with their families. That rate of return jumps up to 52% for microchipped dogs, a 238% percent increase.

· Less than 2% of lost cats that enter animal shelters are reunited with their families, but the rate of return for microchipped cats is more than 38% which is a 2,000% increase.

House Resolution 3957 - The Providing of Unhoused People with Pets Act (PUPP)

By providing better accommodations for people experiencing homelessness who have pets, the PUPP Act will help remove a common barrier to shelter and services for vulnerable veterans, individuals, and families who gain strength from their companion animals.

Pets play a pivotal role in the lives of their human caregivers, regardless of their income level or housing situation. Pets have public health benefits at nearly every stage of life, including lower blood pressure, lower risk of heart disease, reduced stress levels, decreased anxiety and depression, strengthened immune systems, and increased physical activity. Animals can be especially important companions for people experiencing housing instability.

Studies have shown that people experiencing homelessness report that their pets provide a sense of responsibility and are a reason to live, reduce substance use, and seek healthcare. In 2022, the U.S. Department of Housing and Urban Development (HUD) counted over 582,000 Americans experiencing homelessness, including sheltered and unsheltered individuals. An estimated 12% of people experiencing homelessness have pets.

Currently, most emergency shelters do not accept pets – forcing individuals experiencing homelessness to choose between access to shelter and essential services or keeping their beloved pets. In most cases, individuals will refuse assistance and shelter if it comes with the condition of giving up a beloved pet. This scenario harms individuals’ well-being and contributes to the cycle of chronic homelessness. The PUPP Act offers a solution by creating a grant program – operated by the U.S. Department of Agriculture in consultation with HUD – to provide funds to eligible entities, enabling emergency shelters to make the necessary changes to accommodate unhoused individuals with pets, including providing basic veterinary services. The program is modeled on the highly successful California Pet Assistance and Support Program.

Over two grant cycles, the state of California has allocated $15 million in small grants to nonprofit shelter operators to retrofit their facilities to accommodate pets. Both cycles were oversubscribed two to one, demonstrating the great interest and need for such accommodations. Feedback from grantees demonstrated that the investments allow the facilities to not just provide the necessary retrofitting, but also to provide support to both the owners and pets to ensure the long-term success of each in permanent housing. The California model demonstrates that a relatively modest amount of investment can make a big difference in the lives of those experiencing emergency housing needs, and ultimately save lives.

What is The Puppy Mill Pipeline to Texas?

The Puppy Mill Pipeline to Texas.

Puppy mill breeders in other states rely on Texas retail pet stores to present a clean, spotless store with a happy puppy. Customers don’t think about where puppies are born, where the breeding dogs are kept, or how they are treated. We prop up this puppy pipeline by allowing puppy mill puppies to be sold in Texas.

Here is what happens: a puppy broker (a middleman who obtains puppies in bulk from commercial breeders and is responsible for transporting the puppies to the retail store) buys puppies and re-sells the puppies to retailers. A cargo van picks up the puppies (holding up to 150), drives thousands of miles to Texas from Nebraska, Missouri, Ohio, and elsewhere, and goes to one store and the next until all the puppies are dropped off.

Despite these puppy brokers trucking puppies over long distances to their final retail destinations, there is no limit to the number of continuous hours puppies may be trucked or how many puppies may be packed into one cargo van. A puppy only needs to be offered food and water once every 12 hours, and the driver is not required to have any animal care experience. Young puppies with underdeveloped immune systems spending hours or days in a dirty (urine and feces-soaked), confined cargo truck can significantly stress their immune systems, resulting in disease transmission or worse. Former pet store employees disclose that retail pet store owners don’t want their profits used up on vet bills, so these puppies don’t get better. They are sold to the unassuming public, and this is why so many people go home with a puppy that might have parvo, distemper, giardia, campylobacter, and so on. Unsuspecting Texans buy these puppies, become attached, and are soon faced with crushing vet bills and the potential death of their new pet.

If the puppies aren’t sick, they can quickly develop behavioral issues. The puppies are sitting in glass boxes at nine, ten, and eleven weeks old, not being socialized.

Dallas

On May 11, 2022, the city of Dallas passed the Humane Pet Store Ordinance unanimously. Out of 33 pet stores, only one – Dallas Petland - was out of compliance with this potential ordinance and selling puppies. In 2020, this pet store imported 1,348 dogs from out-of-state puppy millers (Source: Bailing Out Benji). Once the ordinance passed, the city of Dallas was sued, and the lawsuit stated that the law was unconstitutional. Not one pet store has won a case trying to invalidate a Humane pet store ordinance. All 22 local, state, and federal lawsuits have failed. As in this example, the lawsuit was tossed out, and Dallas Petland closed its doors soon after.

Houston

THLN and local advocates passed a Humane Pet Store law on January 18, 2022, and Houston gave the pet stores one year to comply. During that time, Houston Petland targeted this ordinance to reverse the ban on selling puppies in pet stores by either being grandfathered in or regulated, but ultimately failed. As of January 18, 2023, puppies may no longer be sold in Houston Pet stores (but they are available for adoption through animal shelters and rescues (i.e., humanely sourced). Houston pet stores that do not comply are subject to a fine of $500 per puppy per day. Six stores either moved or became compliant, but one refused to follow the law. On August 3, 2023, Petland Bellaire failed to appear in court, and a warrant was issued. Stay tuned for updates on the Houston Petland case! 

2021

During the 87th Legislative Session, Rep. Jared Patterson filed HB 1818, which would create a civil penalty for pet stores selling animals from puppy mills. The bill passed out of the Texas House Committee on Business & Industry during its first session. It received substantial bipartisan support in the Senate, but ultimately, HB 1818 did not meet the final deadline to be passed into law before the end of the 87th Legislative Session.

2023

On December 2, 2022, Rep. Patterson filed HB 870, which, like its 2021 predecessor HB 1818, required that only healthy dogs and cats sourced from shelters and rescues be sold in retail pet stores. The law brings consistency across Texas’ largest counties – those with a population of 200,000 or more – primarily suburban and urban areas.

TEXAS AG INVESTIGATION

On April 27, 2023, the Texas Attorney General issued a Civil Investigative Demand related to possible violations by Petland, Inc. and its franchises of the Texas Deceptive Trade Practices & Consumer Protection Act. This follows other investigations by attorney generals in other states like Florida. According to the Florida complaint, the pet stores falsely claim the puppies for sale are already, or could be, registered with the American Kennel Club and make misrepresentations that puppies come from USDA breeders. This is a step in the right direction for Texas!

“I’m proud to file HB 870 once again to provide the necessary restrictions to protect pets and their owners.” -Representative Jared Patterson.

HB 870 had a hearing in the Texas House Committee on Business & Industry on April 24, 2023. The pet store lobbyists and breeders flooded the hearing room, which was a battle. Ultimately, the bill did not get to the floor for a House vote and died in the House Calendars Committee.

Laws Regarding Service Animals in Public Places (ADA Title III)

A service dog or miniature horse must be allowed to accompany its owner into any place open to the public. This includes grocery stores, restaurants, shops, hotels, hospitals, offices, gyms, theaters, hotels, banks, golf courses, zoos, and pretty much all other places you can think of. If non-disabled people are allowed to enter the premises, so are service animals (with a few very limited exceptions.)

No emotional support animals are allowed. Only trained service dogs and miniature horses are allowed to accompany a disabled person into places open to the public.

The disabled person with a service animal may only be asked two questions:

 1) is the animal required because of a disability, and 2) what tasks is the animal trained to perform? The facility is not allowed to ask for any more information or request any documentation of the disability or animal training. The dog is not required to wear a vest and the owner is not required to have a letter, ID, or certificate of any kind.

Service animals must be housebroken and under control. If the dog jumps up on people, barks, runs around, pees indoors, or otherwise misbehaves, the disabled person and his or her dog may be ordered to leave. The facility may require the dog to be on a leash or in a harness unless it would interfere with the dog being able to perform its tasks. Even then, it must still be under control at all times.

Laws Regarding Service Animals on Airplanes (Air Carrier Access Act)

Only trained service dogs are allowed. No emotional support animals. The airline may not restrict dog breeds. Dogs in training qualify.

Rules.

The service dog must be leashed, housebroken, not disruptive, and not a threat to health or safety. The dog must be on the person’s lap or foot space and must not encroach into another passenger’s space. The airline may require the dog owner to submit a completed Department of Transportation service animal form and may require 48 hours advance notice if the reservation is made at least 48 hours before the flight. The airline may not require someone with a service dog to check in early. The disabled person and service dog must be given a bulkhead seat if it is requested. 

Determination by the airline that the dog is eligible.

To determine if a dog is eligible to fly, the airline may: 1) make the two inquiries mentioned above (is the dog needed because of a disability and what tasks is the dog trained to perform), 2) observe the dog’s behavior, or 3) look for indications that the dog is a service dog, such as a vest or harness.

Laws Regarding Service Animals on Buses, Taxis, Uber, Etc (ADA Title III)

Only trained service animals are allowed. No emotional support animals. A transportation entity must modify its policies and procedures to allow service animals unless it would pose a risk to health or safety or “fundamentally alter the nature of its services. The animal must be housebroken, under control, and not disruptive.

The disabled person may only be asked two questions: 1) is the animal required because of a disability, and 2) what tasks is the animal trained to perform? The transportation entity is not allowed to ask for any more information or request any documentation of the disability or animal training. The dog is not required to wear a vest and the owner is not required to have a letter, ID, or certificate of any kind.

Laws Regarding Service Animals in the Workplace (ADA Title I)

Employers with 15 or more employees must provide “reasonable accommodations” for disabled people unless it would cause undue hardship or a threat to health, safety, or welfare. The EEOC has said that a “reasonable accommodation” may include allowing a service animal. Arguably any species of animal may qualify. Employers with fewer than 15 employees are not required to allow service animals.

Emotional support animals may be a reasonable accommodation. There is no requirement in the EEOC rules that an animal must be individually trained as a service animal. Thus, ESA’s may qualify, although I had a case where this was disputed by an employer.

Rules. 

The disabled person must be qualified for the job. The employer is allowed to make inquiries into the disabled person’s ability to do the job and is allowed to ask how an animal will assist them in performing the job. The employer is allowed to inquire about the disability and how an animal would help. The employer may also require the disabled person to undergo a medical examination to determine his or her ability to do the job. All animals must be housebroken and under control. The employer may require a leash or harness unless it would interfere with the animal performing its tasks, but the animal must still be controlled by verbal commands.

Laws Regarding Service Animals in Housing (Fair Housing Act) 

Housing providers must allow “assistance animals.” Housing providers include landlords, HOAs, cities, property rental agents, zoning ordinances, etc.

Assistance animals are defined as:

1) trained service dogs.

2) “support animals,” which include emotional support animals and trained or untrained animals other than dogs.

There are two types of "Support Animals":

1) “Common household animals” qualify as support animals. These include animals such as such as dogs, cats, turtles, birds, gerbils, fish, rabbits, etc.

2) “Unique animals” are animals that are not traditionally kept in the home, such as monkeys, goats, kangaroos, etc. In order for a unique animal to qualify as a support animal the disabled person has a “substantial burden” to show the need for that specific type of animal. (For example, a monkey that is trained to open bottles for a paralyzed person would qualify.)

No breed restrictions.
City ordinances prohibiting certain species or breeds of animals do not apply to assistance animals which are allowed under the Fair Housing Act.

Pet deposits are not allowed:
Housing providers may not charge pet deposits for assistance animals because they are not pets.

Reasonable information may be requested by the housing provider.
If a person’s disability is not apparent (as, for example, when the person is blind) then reasonable information may be requested by the housing provider. This would include things such as a government record or a note from a health care provider—but not medical records, diagnosis, or a medical exam. (I once represented a 50-something-year-old woman whose landlord demanded all her medical records going back to childhood, including her gynecological records. That was not a reasonable request, and we had a good outcome in that case.)