The department must deny, and may also deny, renew, revoke, or suspend certain breeder licenses when specified animal-cruelty or neglect-related history or other listed problems exist. Before revocation under one subsection, the department must give notice, and the breeder or representative may submit proof within 20 days.
Sec. 802.107. LICENSE DENIAL, REVOCATION, AND SUSPENSION. (a) The department shall deny issuance of a license to, or refuse to renew the license of, a person if the person or a controlling person of the dog or cat breeder has pled guilty or nolo contendere to, been convicted of, or received deferred adjudication for animal cruelty or neglect in this state or any other jurisdiction in the five years preceding the person's initial or renewal application for a license. (b) Subject to Subsection (b-1), the license of a licensed breeder is revoked by operation of law if, after the license is issued, the licensed breeder or a controlling person of the licensed breeder pleads guilty or nolo contendere to, is convicted of, or receives deferred adjudication for animal cruelty or neglect in this state or any other jurisdiction. (b-1) Before a license is revoked under Subsection (b), the department must issue a notice of the revocation under the grounds prescribed by that subsection to the licensed breeder stating that the licensed breeder or the licensed breeder's representative may, not later than the 20th day after the date the licensed breeder receives the notice, submit to the department proof that the licensed breeder or controlling person of the licensed breeder, as applicable, did not plead guilty or nolo contendere to, was not convicted of, or did not receive deferred adjudication for animal cruelty or neglect in this state or any other jurisdiction as described by Subsection (b). (c) The department may deny issuance of a license to, refuse to renew the license of, or revoke or suspend a license held by a person who: (1) fails to meet the requirements of this chapter and rules adopted under this chapter; (2) has had a similar license issued by a federal, state, or local authority denied, revoked, or suspended; (3) has falsified any material information requested by the department; (4) has failed to meet a standard adopted by rule under this chapter; or (5) has failed to comply with any corrective action required under an inspection report in the time provided by the report. Added by Acts 2011, 82nd Leg., R.S., Ch. 1284 (H.B. 1451), Sec. 2, eff. June 17, 2011. Amended by: Acts 2019, 86th Leg., R.S., Ch. 400 (S.B. 1531), Sec. 3, eff. September 1, 2019. SUBCHAPTER D. PRACTICE BY LICENSED BREEDER