Licensed Breeders Frequently Asked Questions

Licensing

1. Who must be licensed?
2. Who is exempt from becoming a licensed breeder?
3. What do I need to do to become a licensed breeder?
4. What will happen if I am required to get a license and I operate without one?
5. How much does it cost to become licensed and to renew?
6. How do I renew my license?
7. How often do I need to renew my license?
8. My license has expired. Can I still work as a licensed breeder?
9. If my license has been expired for more than 18 months can I still renew it?
10. My business is in more than one location. Do I need to have a license for each location?
11. Where should my license be displayed?

1. Who must be licensed?

Anyone who possesses 11 or more adult intact female dogs, cats or both together and who is in the business of breeding those dogs or cats for sale, and who sells at least 20 dogs or cats in a calendar year.  Sale means a direct or indirect sale, exchange or offer to sell or exchange.

2. Who is exempt from becoming a licensed breeder?

Those who breed dogs for herding livestock, hunting, tracking, chasing, flushing, retrieving game, competing in field trials, hunting tests, or organized performance events.  See Rule Section 91.30.  However, this exemption only applies to the extent the person breeds these dogs for personal use or for exchange for other dogs used in the same manner.  

A person who breeds hunting dogs but also breeds non-sporting dogs, or cats, may not be exempt from becoming a licensed breeder with respect to the non-sporting dogs or cats).

3. What do I need to do to become a licensed breeder?

  • Send a completed application and fee.
  • Provide a valid state sales tax identification number.
  • List the name and address of each person applying, or each controlling person.
  • Pass a criminal background check.
  • Pass a pre-license inspection or possess a Class A USDA breeders license.

4. What will happen if I am required to get a license and I operate without one?

You may be subject to enforcement actions, including administrative penalties and sanctions.

5. How much does it cost to become licensed and to renew?

If you have 11 - 25 intact female dogs or cats:

  • New Application Fee - $300.00
  • Renewal Fee - $300.00
  • Late Renewal Fees - 1 to 90 days late - $450.00
  • 91 days to 18 months late - $600

If you have 26 or more intact female dogs or cats:

  • New Application Fee - $500.00
  • Renewal fee - $500.00
  • Late renewal fees - 1 to 90 days late - $750.00
  • 91 days to 18 months late - $1,000.00

NOTE: All new application and renewal fees are non-refundable.

6. How do I renew my license?

a. Complete the renewal form* and send it to TDLR along with:

  • the renewal fee;
  • a valid state sales tax identification number; and
  • the name and address of each controlling person.

b. Pass a criminal background check.

c. Be in compliance with any Commission Orders directed to a controlling person of the business.

*A renewal form will be mailed to you approximately 60 days before your license expires. However, it is ultimately your responsibility to renew your license before it expires.

7. How often do I need to renew my license?

Your license is good for one year from the date that it is issued. Example: A license that was issued May 1, 2012, will expire May 1, 2013.

8. My license has expired. Can I still work as a licensed breeder?

No, you cannot perform any function of a breeder that requires a license until the license is renewed.

9. If my license has been expired for more than 18 months can I still renew it?

If your license has been expired more than 18 months but less than 3 years, you may submit a written request to the Executive Director stating the reason your license should be renewed or complete and submit a “Request to Executive Director for Expired License Renewal” form (http://www.tdlr.texas.gov/misc/ExpiredLicenseRenewalRequest.pdf) with the fee in the amount of two times the normal renewal fee.

If your license has been expired for more than 3 years you may not renew your license. You must re-apply for a new license. You may also be subject to enforcement actions, including administrative penalties and sanctions, for operating with an expired license.

10. My business is in more than one location. Do I need to have a license for each location?

A separate license is required for noncontiguous locations that are more than 300 feet apart.

11. Where should my license be displayed?

Your license should be displayed inside your facility where it can be easily seen by the general public.  If you sell animals at a place outside your facility, for example at a weekend flea market, you should also display your license there.

General

1. How old do I have to be to become a licensed Breeder?
2. What is an annual inventory?
3. Does an annual inventory need to be conducted at a certain time of the year?
4. Where can I find a list of licensed breeders?
5. Where can I find a list of licensed breeders who have had disciplinary actions taken against them?
6. How will I be notified of administrative rule changes?
7. Where can I get a copy of the Program’s administrative rules?
8. How do I file a complaint with TDLR against a licensed Breeder, or report an unlicensed Breeder?
9. How do I check the status of my application?
10. Will a criminal conviction prevent me from getting a license?
11. Do I have to include a CHQ with my application?
12. Can I request a criminal history evaluation before I apply?
13. Where can I find the Criminal History Questionnaire (CHQ)?
14. When would I need to include a DAQ with my application?
15. Where can I find a Disciplinary Action Questionnaire (DAQ)?
16. How do I request a duplicate license?
17. How do I change my mailing address or phone number?
18. Do you take walk-in registration applications, and how long does it take to process an application?

1. How old do I have to be to become a licensed breeder?

You must be at least 18 years old to apply for this license.

2. What is an annual inventory?

An annual inventory is a count of all cats or dogs held at your facility at any time during the past calendar year. Use the Annual Inventory Form to report this information. Download the Annual Inventory Form (56 KB PDF)

3. Does an annual inventory need to be conducted at a certain time of the year?

An annual inventory must be completed and sent to TDLR no later than February 1 each year.

4. Where can I find a list of licensed breeders?

You can find a list of licensed breeders on our website's License Data Search.

5. Where can I find a list of licensed breeders who have had disciplinary actions taken against them?

You can find the disciplinary action list on our website's Administrative Order - Search page.

6. How will I be notified of administrative rule changes?

The easiest way to stay informed of rule changes and proposals for rule changes is to sign up for email updates. Rule changes and proposals for rule changes are also published in the Texas Register.

7. Where can I get a copy of the Program’s administrative rules?

Administrative rules are available for viewing and downloading on our website at http://www.tdlr.texas.gov/bre/brerules.htm

8. How do I file a complaint with TDLR against a licensed breeder, or report an unlicensed breeder?

To file a complaint with TDLR, you can access the online complaint process https://www.tdlr.texas.gov/Complaints/. You may also contact the Enforcement Division at (512) 539-5600.

9. How do I check the status of my application?

You can check the status of your application by calling Customer Service at (800) 803-9202.

10. Will a criminal conviction prevent me from getting a license?

Criminal convictions are reviewed on a case-by-case basis. Licenses may be denied based on the nature of the conviction and how long prior to the
application the conviction occurred. Detailed information of our criminal conviction guidelines can be found on our website at https://www.tdlr.texas.gov/crimconvict.htm.

11. Do I have to include a CHQ with my application?

If your answer to the application question, “Have you ever been convicted of a criminal offense?” is yes, then you must provide the CHQ.

12. Can I request a criminal history evaluation before I apply?

Yes. All controlling persons listed on an application for a license with TDLR are subject to a criminal background check. A potential applicant may find out before applying whether he or she would likely be denied a license due to his or her criminal history.

You may request a Criminal History Evaluation Letter (CHEL) by completing a request form, completing a criminal history questionnaire for each crime for which you were convicted or placed on deferred adjudication, and paying the $25.00 request fee. TDLR will not process a request form that is submitted without a criminal history questionnaire attached, or submitted without payment of the fee.

The request forms and more information is available at the Criminal History Evaluation Letter section of our website. Download the form for the specific license type for which you are applying.

13. Where can I find the Criminal History Questionnaire (CHQ)?

The CHQ is available to download and print on our web site at http://www.tdlr.texas.gov/MISC/lic002.pdf.

TDLR must review your criminal history to determine if you are eligible to obtain or retain a license. Depending on your criminal history, a review can take from one to six weeks to complete. Complete this form only if you have been convicted of a felony or misdemeanor, other than a minor traffic violation, or pleaded guilty or no contest (resulting in a deferred adjudication) to any criminal offense. Be specific, provide exact details, and attach a separate form for each crime. Questions regarding this form may be addressed to TDLR’s Enforcement Division at enforcement@tdlr.texas.gov or by phone at (512) 539‐5600.

14. When would I need to include a Disciplinary Action Questionnaire (DAQ) with my application?

If you have had an occupational license revoked, suspended, probated or denied in any state, county, or municipality, TDLR must review your disciplinary action history to determine if you are eligible to obtain a license. (This does not include revocation of a driver’s license). Please provide specific information and exact details. Questions regarding this form may be addressed to TDLR’s Enforcement Division at enforcement@tdlr.texas.gov or by phone at (512) 463-2906.

15. Where can I find a Disciplinary Action Questionnaire (DAQ)?

The DAQ is available to download and print on our web site at http://www.tdlr.texas.gov/misc/Disciplinary Action Questionnaire.pdf.

16. How do I request a duplicate license?

Please send a written request with a processing fee of $25 to:

Texas Department of Licensing and Regulation
P.O. Box 12157
Austin, TX 78711-2157

Please include your full name, license number, and current address.

17. How do I change my mailing address or phone number?

You may send us the information by mail, fax, or email:

Texas Department of Licensing and Regulation
P.O. Box 12157
Austin, TX 78711-2157
FAX: (512) 463-5984

EMAIL: Breeders@tdlr.texas.gov

Please include your TDLR license number, the name of the person making the request the previous address, the new address, and a daytime phone number where we can reach you.

A licensed breeder must notify the department in writing not later than the 10th day after the date any change occurs in the address, name, management, or controlling person of the business or operation.

18. Do you take walk-in registration applications, and how long does it take to process an application?

A completed application with check or money order can be brought to the lobby of our headquarters, but processing will require a minimum of three business days in addition to any time required for review of criminal background information.

Visit our lobby at 920 Colorado Street in downtown Austin, Monday through Friday 8:00 a.m. to 5:00 p.m.

Inspections

1. Are there different types of Inspections?
2. How long to I have to correct a violation?
3. Are there certain hours that inspections will be conducted?

1. Are there different types of Inspections?

Yes, there are three different types of inspections.

A. Prelicense inspection - The first inspection conducted before a license is issued. A license will not be issued until a prelicense inspection is done and certification is provided that your facility meets the requirements of the law and rules. If you hold a current Class A USDA dealers license your facility is exempt from having a prelicense inspection conducted.

B. Periodic inspection - Conducted at least once every 18 months to make sure your facility continues to meet the requirements to be licensed.

C. Out-of-cycle inspection - Conducted in addition to periodic inspections after repeat violations have been found. There are two different types of out-of-cycle inspections:

Tier 1: Serious or repeated violation(s) relating to sanitation violations or failure to correct violations documented during periodic inspections, investigations, or commission orders. These inspections are conducted two times each year.

Tier 2: Repeated or serious violations related to shelter, food, water, and medical treatment or examinations. These inspections are conducted four times each year.

NOTE: The owner of the facility must pay an inspection fee for each out-of-cycle inspection. The cost of each out-of-cycle inspection is $150.00.

2. How long do I have to correct a violation?

Violations affecting an animal’s health shall be corrected immediately. After consultation with the licensee or licensee’s representative, violations related to housing facilities must be corrected within reasonable time as determined by the inspector based on all of the circumstances.

3. Are there certain hours that inspections will be conducted?

Inspections will be conducted during the normal business hours of your facility.

Licensed Breeder - Training and Enforcement Account

1. What is the Training and Enforcement Account?
2. Is my donation tax deductable?
3. How will my donation be used?
4. Can I make a donation using a check or money order?
5. Can I make a scheduled monthly donation from my bank account or credit card?
6. Can I donate online?
7. How can I collect a reward from this account for reporting unlicensed activity?
8. How do I report unlicensed activity?
9. Can I report unlicensed activity anonymously?

1. What is the Training and Enforcement Account?

The Licensed Breeder Training and Enforcement Account was established in Sec. 802.059 of the Licensed Breeder statute. All donations to this account are eligible to be used for:

  • Promoting consumer awareness of the Licensed Breeders program, laws and rules;
  • Supporting educational seminars and training activities designed to help administer and enforce the Licensed Breeder program; and
  • Paying for information that results in disciplinary action against a person for acting as a dog or cat breeder in Texas without holding a license.

2. Is my donation tax deductable?

Yes. TDLR will send you a letter to document the receipt of your donation for your tax records.

3. How will my donation be used?

All donations are eligible to be used for:

  • Promoting consumer awareness of the Licensed Breeders program, laws and rules;
  • Supporting educational seminars and training activities designed to help administer and enforce the Licensed Breeder program; and
  • Paying for information that results in disciplinary action against a person for acting as a dog or cat breeder in Texas without holding a license.

4. Can I make a donation using a check or money order?

Yes, print and complete the Donation Form and send the form with check or money order payable to TDLR:

TDLR
PO Box 12157
Austin, TX 78711-2157

The donation form can be found at http://www.tdlr.texas.gov/bre/donation.pdf. You can also drop off a donation in person at our downtown Austin location, located at 920 Colorado St in Austin.

5. Can I make a scheduled monthly donation from my bank account or credit card?

No, you are required to initiate each donation.

6. Can I donate online?

Yes! Go to: http://www.tdlr.texas.gov/bre/donations.htm.

7. How can I collect a reward from this account for reporting unlicensed activity?

If information provided by you to TDLR leads to disciplinary action against an individual for unlicensed activity, you will be eligible for a reward. The amount of the reward and the method of payment will be determined by the executive director of TDLR on a case-by-case basis. The maximum amount of the reward is $1,000.

8. How do I report unlicensed activity?

You can report violations online 24 hours a day at: https://www.tdlr.texas.gov/Complaints/.

You can also call TDLR during normal business hours at (800) 803-9202 to report violations. Please provide as much information as possible so that we may investigate thoroughly.

9. Can I report unlicensed activity anonymously?

Yes. When you file a complaint, you are not required to identify yourself. However, if you choose to remain anonymous, we will not be able to automatically update you on the progress of the case.

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