Pair of bills would crack down on sale of dogs, cats in outdoor public spaces in Texas

AUSTIN (KXAN) -- Two bills aimed at cracking down on the sale of pets in outdoor public spaces in Texas are making their way through the legislative process.

House Bills 2012 and 2731 were both voted on by the Texas House of Representatives in the last couple of weeks.

HB 2731 was referred to the Senate Committee on Local Government on Monday. Last week, the House voted to refer HB 2012 to the Senate Committee on Transportation, and a public hearing for the bill is scheduled for Friday, May 23.

The bills essentially have the same goal but their stipulations vary slightly. The overall goal of them both is to regulate the sale of animals if it occurs on a public highway or road, in the right-of-way of a public highway or road, or in a parking lot.

Both would amend the section of the transportation code in Texas law that relates to county regulation of roadside vendors and solicitors.

The biggest difference between the two bills is that HB 2012 would only amend (a) of Section 285.001, and HB 2713 would amend (a) and (b).

Here's what the current law says:

(a) To promote the public safety, the commissioners court of a county with a population of more than 1.3 million by order may regulate the following in the unincorporated area of the county if they occur on a public highway or road, in the right-of-way of a public highway or road, or in a parking lot:
(1) the sale of items by a vendor of food or merchandise, including live animals;
(2) the erection, maintenance, or placement of a structure by a vendor of food or merchandise, including live animals; and
(3) the solicitation of money.
(b) The commissioners court of a county with a population of more than 870,000 that borders the United Mexican States by order may regulate the activities described by Subsection (a) in the manner described by that subsection, except that:
(1) the regulation of activities on or in the right-of-way of a public highway or road is limited to public highways and roads with a speed limit of 40 miles per hour or faster; and
(2) the county may not prohibit the sale of livestock.

HB 2012 would add a stipulation on which counties could be regulated under the law. It would amend the law to state: "the commissioners court of a county with a population of more than 1.3 million and a county with a population of more than 600,000 that is adjacent to a county with a population of more than four million."

HB 2713 would change the (a) section of the law to apply to a county of more than 500,000 point blank.

HB 2713 would also change the (b) section to apply to a county with a population of more than 200,000 that borders the United Mexican States, rather than the current population cap of 870,000.

It would also remove the first exception under (b), which states "the regulation of activities on or in the right-of-way of a public highway or road is limited to public highways and roads with a speed limit of 40 miles per hour or faster." It would keep the second exception, which is that "the county may not prohibit the sale of livestock."

The Senate has until next Wednesday, the 28th, to take action on the bills. Most legislation that does not pass through both the House and Senate chambers by the end of the day Wednesday will not move forward.

Best Friends Animal Society, an animal welfare organization, issued a press release applauding the legislative chamber for moving forward with the legislation.

The release said the bills would "effectively ban the sale of dogs and cats in outdoor public spaces such as parking lots, roadsides and flea markets — venues commonly used to sell pets from puppy and kitten mills."

"This bipartisan bill progress sends a big message to those who run puppy mills across Texas," Laura Donahue, senior director of advocacy and network with the organization, said in the release. "By disrupting roadside sales, we're making it a lot harder for unscrupulous breeders to reach the public, thus helping to curb this cruel and unethical practice."

Local rules on animal sales

The city of Austin has an ordinance that prohibits the sale of animals in public spaces, which is enforced by animal protection officers, according to the Austin Animal Services Office.

The office declined to comment on pending legislation, but it said it will "continue to monitor any state legislation related to animal welfare and will enforce any laws that are enacted and fall within our authority."

The office also noted that no such ordinance exists for Travis County, which is part of its "broader jurisdiction."

Other bills introduced relating to pet sales

Sen. Judith Zaffirini (D-Laredo) filed Senate Bill 1652, the Ethical Pet Sales Bill, earlier this year, KXAN reported. Its goal was to ban the retail sales of dogs and cats to address overcrowding at animal shelters and discourage the practice of purchasing animals from puppy mills.

Little movement has been made in the Senate chamber on that bill, which would've aimed to "promote responsible breeding practices and reduce the number of families unknowingly purchasing unwell animals," per our previous reporting.

If passed, lawmakers hoped it would reduce the number of dogs coming into the state from puppy mills, where dogs are commercially bred to maximize profit, sacrificing the animal’s health.

SB 1652 was left pending in committee earlier this month. Its twin bill in the House, HB 3458, failed to reach a House vote before a key deadline last week.