(a) A person commits an offense if he breeds or allows the breeding of a dog or cat without a valid breeding permit for the dog or cat. A separate permit is required for each dog or cat that the person keeps unsterilized for breeding purposes.
(b) A breeding permit may only be issued for a dog or cat:
(1) that is currently in compliance with the vaccination requirements of Section 7-4.1 of this chapter;
(2) that is currently in compliance with the microchipping requirements of Section 7-4.2 of this chapter;
(3) that, not more than 90 days before the date of the breeding permit application, has been approved to breed by a licensed veterinarian; and
(4) whose owner:
(A) is a member of a purebred dog or cat club, approved by the director, that maintains and enforces a code of ethics for breeding that includes restrictions on breeding dogs and cats with genetic defects and life threatening health problems common to the breed; or
(B) holds a license as required by Texas Occupation Code, §802.101 for each facility owned or operated in the state.
(c) To obtain a breeding permit, a person must submit an application to the director (on a form provided by the director for that purpose) and pay an annual breeding fee of $51. The breeding permit application must include:
(1) the name, address, and telephone number of the applicant;
(2) the location where the dog or cat is harbored;
(3) a description of the dog or cat, including but not limited to, a photograph of the animal;
(4) proof that the animal is qualified for a breeding permit under Subsection (b) of this section; and
(5) any other information determined necessary by the director for the enforcement and administration of this section.
(d) A breeding permit expires one year after the date of issuance and may be renewed by applying in accordance with Subsection (c) of this section. If the director does not receive an application for a permit renewal within 45 days after the expiration of the permit, a $10 late fee will be added to the permit fee.
(e) A breeding permit is not transferable.
(f) A permittee commits an offense if he allows a permitted female dog or cat to have more than one litter during the permit term.
(g) It is a defense to prosecution under Subsection (f) that the permittee:
(1) received written authorization from the director under Subsection (h) of this section to allow the female dog or cat to have two litters during the permit term; and
(2) did not allow the female dog or cat to have more than the number of litters authorized by the director for the permit term.
(h) Upon request of a permittee, the director may, in writing, authorize the permittee to allow a permitted female dog or cat to have two litters during the permit term if the permittee establishes, according to regulations adopted by the director, that:
(1) having two litters during the permit term is required to:
(A) protect the health of the female dog or cat; or
(B) avert a substantial economic loss to the permittee; or
(2) previously in the permit term, the female dog's or cat's litter was euthanized or did not survive for other reasons.
(i) A permittee commits an offense if the permittee:
(1) allows the offspring of a female dog or cat for which he holds a breeding permit to be sold, adopted, or otherwise transferred, regardless of compensation, before the offspring have reached at least eight weeks of age and have been vaccinated against common diseases;
(2) fails to keep a permitted dog or cat restrained pursuant to Section 7-3.1 of this chapter;
(3) fails to prominently display the breeding permit number on any advertisement by the permittee for the sale, adoption, or other transfer of any dog or cat, regardless of compensation; or
(4) sells, adopts, or otherwise transfers any dog or cat, regardless of compensation and fails to:
(A) include a statement signed by the permittee attesting to knowledge of the animal's health and immunization history;
(B) prominently display the breeding permit number on any sales receipt or transfer document;
(C) provide the breeding permit number to any person who purchases, adopts, or receives any dog or cat from the permittee;
(D) provide written information regarding the vaccination, microchipping, and sterilization requirements of this chapter applicable to the dog or cat; or
(E) provide to the director (on a form provided by the director for that purpose) the name, address, and telephone number of the dog's or cat's new owner within five days after the date of the sale, adoption, or other transfer of the animal.
(j) The director shall deny or revoke a breeding permit if the director determines that the applicant or permittee:
(1) failed to comply with any provision of this chapter; or
(2) intentionally made a false statement as to a material matter on the breeding permit application.
(k) If the director denies or revokes a breeding permit, the director shall notify the applicant or permittee in writing of the action and a statement of the right to an appeal. The applicant or permittee may appeal the decision of the director to the permit and license appeal board in accordance with Section 2-96 of this code. The filing of an appeal stays an action of the director in revoking the permit until the permit and license appeal board makes a final decision. (Ord. Nos. 27250; 29879; 30483; 31332; 32556)