Is breeding dogs illegal in Texas? Here’s What to Expect

The American Kennel Club (AKC) supports reasonable and enforceable laws that protect the welfare and health of dogs and do not restrict the rights of breeders and owners who meet their responsibilities. The AKC expects responsible dog owners and breeders to know, understand, and obey laws that apply to them.

Click here for our Sample Constituent Introduction Letter that may be used as a model to write your own personalized introduction.

Click here to read our Communicating Effectively with Your Legislators flyer, which includes tips on how to be a more persuasive communicator.

Click here to read our Issue Analysis: The Value of Responsible Dog Breeders, which may also be shared with legislators.

AKC’s Government Relations Department (GR) encourages all Texas breeders, fanciers, and enthusiasts to review the Commission’s analysis and recommendation, specifically pages 23-25 of the report, which reports that the Licensed Breeders Program has been ineffective, inefficient, and costly to operate. AKC GR expects anti-breeder activist groups to respond to the Commission’s recommendation by lobbying the legislature to keep the Licensed Breeders Program in place or to replace it with a more far-reaching program. AKC GR encourages all Texas breeders, owners, fanciers, and enthusiasts, to reach out to their Texas State Senators and Representatives to introduce themselves, explain the value of responsible dog breeders, and express their concerns about the continuation of the current Licensed Breeders Program.

The Dog or Cat Breeders Act adds Texas to a list of at least 20 other states that have adopted a licensing requirement.

Skip Trimble, legislative chair of the Texas Humane Legislation Network, said he considers the standards of care passed by the Texas Commission of Licensing and Regulation “a disaster for the animals.”

Colleen Tran, policy analyst for Rep. Senfronia Thompson, D-Houston, was the staff member who helped Thompson write the bill. She said it’s too early to gauge the success of the bill, but she is happy with the groundwork it laid.

Stanford said her department is always on the lookout for violators. Those found to be operating illegally or without adhering to standards will be listed on the website and issued fines, she said.

Deborah Whitt is one of a handful of breeders so far who have passed the pre-licensing inspection. Whitt has been in the breeding business for 21/2 years operating Heart of Texas Chihuahuas in Killeen. The business website displays her license number, but she’s not happy with the requirement.

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.

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.

Dog breeding and taxes…I’m a CPA and a tax expert (wife)

AUSTIN — Those wanting to breed and sell dogs and cats had until today to apply for a license with the Texas Department of Licensing and Regulation or risk being fined.

A state licensing law passed last year that aims to curb abusive practices in puppy mills.

The Dog or Cat Breeders Act adds Texas to a list of at least 20 other states that have adopted a licensing requirement.

“Since this is a brand new law, we are primarily interested in getting people licensed,” said Susan Stanford, spokeswoman for the licensing department. “Hopefully everyone will come into compliance that needs to be.”

According to the rules adopted in March by the Texas Commission of Licensing and Regulation, which oversees the department, only certain breeders are required to get a license:

Those who possess 11 or more adult non-spayed female dogs and cats and who breed the animals for direct or indirect sale or for exchange in return for consideration.

Those who sell or exchange, or offer to sell or exchange, at least 20 dogs or cats in a year.

The department worked with implementation teams and people in the industry to estimate the number of breeders in the state who need a license.

Stanford said some people may be trying to avoid getting licensed, possibly to skirt the application fee that starts at $300 and increases, by retiring enough animals to get below the number of 11 cats or dogs.

Deborah Whitt is one of a handful of breeders so far who have passed the pre-licensing inspection. Whitt has been in the breeding business for 21/2 years operating Heart of Texas Chihuahuas in Killeen. The business website displays her license number, but she’s not happy with the requirement.

“It’s not what I wanted to do, but it’s workable,” Whitt said. “I would rather not have the government telling me what to do. I probably took better care of my dogs than what they’re requiring now.”

“I think they will go underground and will find a way to keep doing what they’re doing,” she said.

Stanford said her department is always on the lookout for violators. Those found to be operating illegally or without adhering to standards will be listed on the website and issued fines, she said.

So far this year, 419 animals have been rescued from puppy mills that kept them in substandard conditions, according to SPCA data.

James Bias, president of the SPCA of Texas, said he hopes the requirement will encourage pet buyers to ask for the seller’s license number and to see where the animals are kept.

“The majority of folks that we’ve dealt with on the cruelty side wouldn’t even comply with [Department of Agriculture] requirements,” he said. “There may be some operators who are on the fence with how they’re going to comply with these minimum standards, and I hope it will be a catalyst for getting out of the business and saying, ‘This isn’t worth it.’”

Skip Trimble, legislative chair of the Texas Humane Legislation Network, said he considers the standards of care passed by the Texas Commission of Licensing and Regulation “a disaster for the animals.”

“The success is we were able to get the bill passed and we have some regulations, but we feel that without having followed our suggestions, [the regulations] are totally inadequate,” Trimble said. “But we have something, and that’s better than nothing.”

Thousands of letters were sent to the commission from citizens before passage of the regulations, but Trimble says the commission failed to address the main concerns. Animal advocates focused on providing at least 50 percent solid-cage flooring, increased cage size requirements and a ban on cage stacking.

The Department of Agriculture standards, which apply only to breeders who sell wholesale to pet stores or to research facilities, were taken into account and used as the basis for the requirements passed by the licensing department. Animal advocates say only the minimum was done to shore up protection for animals.

“Clearly it was the intent of the Legislature to do a better job than what the [federal government] had done, but the commission that had the final say decided not do more,” Trimble said.

Colleen Tran, policy analyst for Rep. Senfronia Thompson, D-Houston, was the staff member who helped Thompson write the bill. She said it’s too early to gauge the success of the bill, but she is happy with the groundwork it laid.

“Nobody is ever going to be completely satisfied,” Tran said. “But we set a minimum bar to get something on the books so people can do more but nothing less.”