Sunset Commission Upholds Texas Licensed Breeders Program

Two key pieces of animal rights regulations were upheld this legislative session as Texas Sunset Commission Members reviewed recommendations set forth to gut the regulations pertaining to cat and dog breeding in Texas and its oversight by the Texas Department of Licensing and Regulation. 

Cat and dog breeders as well as responsible pet ownership courses must be licensed by TLDR, which oversees these licenses and has the power to revoke the license of pet breeders or declare that a responsible pet ownership class is inadequate. These programs came under fire during Summer 2020 after the Texas Sunset Advisory Commission, which conducts audits on government agencies to ensure their practices and policies are relevant in an ever-changing world, recommended doing away with the programs -- leaving their fate in the hands of five senate members and 6 house members. 

Texas Humane Legislation Network, a 501c4 nonprofit that lobbies on behalf of animal rights, spent much of last year convincing the legislature to vote against doing away with these programs, especially the dog and cat breeder licensing regulation — a bill they had a hand in passing in 2011 -- and the group’s hard work paid off. 

“We were able to save the license breeder program and hope to be able to revisit it and strengthen it next legislative session,” says THLN Executive Director Shelby Bobosky. “We are thankful the Sunset Commission Members recognized the Licensed Breeders Program's importance.”

Credit: Zana Pq, Unsplash

Texas began regulating cat and dog breeding in 2011, with the passage of House Bill 1451, commonly called "The Puppy Mill Bill." The bill states that persons required to be licensed as a dog or cat breeder are licensed and provide adequate and humane care for the animals they breed, keep them properly sheltered and provide adequate veterinary care. The bill also prevents those who have been convicted of animal cruelty from becoming a licensed breeders and requires TDLR inspectors who witness animal cruelty to report it to local law enforcement.  

During the 2021 legislative session, time ran out for HB 1818 which would have added the further restrictions to this bill that Bobosky and other animal welfare groups have been looking for. HB 1818, made it through both chambers of Congress but was halted in the Conference Committee where it did not make it through to meet the final deadlines for passage this legislative session. 

The bill, filed by Rep. Jared Patterson, called for dogs in pet stores to be sourced from rescues, shelters, and humane societies and required pet stores to keep a record of where the animals were obtained from for at least one year. Additionally, some leeway existed in the initial bill for the four percent of Texas licensed breeders who sell puppies at pet stores. Additionally, the law also did not affect counties with a population of less than 200,000 citing that communities may not have the number of animals needed to supply retail pet stores. 

Bobosky says that the largest opponent for the passage of this bill has been Petland. 

“Texas ships out hundreds of dogs to states that don’t have the overpopulation crisis we have, but we ship in hundreds of bred dogs,” Bobosky says. “Out of the top 25 pet retailers only one still sells puppies and kittens and that’s Petland. All of the other big players have switched to the humane model.” 

Bobosky contends that THLN plans to introduce similar legislation in the 2023 session in the hopes to crack down on puppy mills in Texas. 

The upheld “Puppy Mill Bill” that was saved by Sunset Review Members, contrary to popular belief, does not make puppy mills illegal in the state of Texas but rather heightens the threshold of care required for these animals. These regulations help ensure that breeders don't let pets live in filth and squalor, or sell sick puppies to unsuspecting pet parents. THLN states that these regulations also help save taxpayer dollars by preventing cruelty before it begins by keeping breeders in check — lowering the number of large-scale animal seizures. 

"Before issuing a license, TDLR inspects a breeding facility to make sure it meets standard of care requirements, TDLR Public Information Officer Tela Goodwin said previously in a statement to TXDM. "Agency inspectors then visit breeding facilities at least once every 18 months and other inspections may occur as needed." 

— indoor or outdoor housing

— enclosures

— compatible grouping of animals

— exercise for dogs

— feeding, watering, cleaning, and sanitation

— housekeeping and pest control

— training of onsite personnel

— grooming

— veterinary care

— sales and transfers

— transportation standards

Goodwin adds that some of the most common code violations committed by licensed breeders include not allowing females adequate rest time between breeding cycles, not providing sufficient heating or cooling for animal enclosures, not exercising animals daily, and not providing veterinary exams for each pet at least once every 12 months. 

“There is always more to do to improve the lives of animals,” Bobosky says. “Next session we’re really going to focus on puppy mills and big cat ownership.”