Licensed Breeders Penalties and Sanctions

• Texas Occupations Code, Chapter 802
  16 Texas Administration Code, Chapter 91

  Class A:

  1st Violation: $500
  2nd Violation: $700 to $900
  3rd Violation: $1,100 to $1,300

  POSTING AND PUBLIC INFORMATION VIOLATIONS
  

  • Failure to prominently display a copy of the breeders license in the facility in an area easily accessible to the public 802.151(1), 91.72
    
  • Failure to maintain a current copy of the Licensed Breeders law and rules in a manner prescribed by the Department 802.151(2), 91.73
    
  • Failure to include license number in an advertisement 802.151(3)
    
  • Failure to include the license number in a contract for animal transfer or sale 802.151(4)(A), 91.74(a)(1)
    
  • Failure to include the Department's information in a contract for animal transfer or sale 802.151(4)(B), 91.74(a)(2)
    
  • Engaged in false, misleading, or deceptive advertising 91.71(a)
    
  • Failure to include the facility license number in an advertisement in the proper font 91.71(b)

  ADMINISTRATIVE VIOLATIONS
  

  • Failure to notify the Department in the required manner by the 10th day following a change in address, name, management, or controlling person 802.152, 91.75
    
  • Submitted the required accounting to the Department of animals but failed to use the required form or failed to submit the accounting by February 1st 802.153(a), 91.76(a), 91.76(c)(2)

  MATERIALS / CONSTRUCTION FACILITIES
  

  • Housing facility not physically separated from another business 91.100(2)

  PERSONNEL
  

  • Failure to have enough employees onsite to carry out the required level of husbandry practices and care 91.110(a)
    
  • Failure to have employees who provide for husbandry and care, or handle animals, supervised by the appropriate person 91.110(a)
    
  • Failure to have training documented for employees who handle or care for a dog or cat 91.110(b)
    
  • Employed an individual who did not have the appropriate training 91.110(b))

  Class B:

  1st Violation: $750
  2nd Violation: $1,000 to $1,250
  3rd Violation: $1,500 - $1,750 and/or up to 6-month probated suspension

  OPERATING WITHOUT PROPER LICENSE
  

  • Engaged in breeding activities while license was expired 802.106(b), 91.24(b)

  ADMINISTRATIVE VIOLATIONS
  

  • Failure to assist upon request an inspector in performing an inspection 802.062(c), 91.52(c), 91.78
    
  • Failure to submit to the Department an accounting of all animals held in each facility any time during the preceding calendar year 802.153(a), 91.76(a),91.76(c)(2)
    
  • Failure to make copy of annual inventory form available upon request from the Department or third-party inspector 802.153(b), 91.52(h), 91.53(e), 91.76(b)
    
  • Failure to provide relevant documents or records during an inspection 91.52(h), 91.53(e)
    
  • Failure to make an animal's care record available to an inspector upon request 802.154(b), 91.77(a)(3), 91.106(d)(2)
    
  • Failure to pay the fee for an out-of-cycle inspection 91.53(c)
    
  • Failure to comply with any corrective action required under an inspection report in the time provided by the report 802.107(c)(5), 91.54(a)(2), 91.92(b)(5)
    
  • Failure to provide written verification of corrective actions to the Department when required 91.54(a)(2)

  RECORDS
  

  • Failure to keep a copy at each facility of the annual inventory of animals 802.153(b), 91.76(b), 91.76(c)(1)
    
  • Failure to maintain an animal's care record in the facility at which the animal was last kept for two years from the date of the last entry in the records 91.77(a), 91.77(a)(1), 91.77(b)
    
  • Failure to maintain a separate record of care for each animal containing the required information 91.77(a), 91.77(a)(1
    
  • Failure to transfer records relating to an animal with the transferred animal 91.77(c)
    
  • Failure to have the annual examination documented by the veterinarian in the medical records of an animal 91.112(a)
    
  • Failure to have the written health care management protocol contain all required health care records, including all authorized exemptions approved by a veterinarian 91.112(c)(2)
    
  • Failure to transfer a copy of the written health care management protocol with a transferred or sold animal, or to retain the original records 91.112(c)(3)
    
  • Failure to have the length of the adequate rest period between breeding cycles for each female documented in the medical records for that animal 91.112(d)
  • RECORDS--TRANSPORTATION STANDARDS
    
  • Failure to have required shipping documents accompany the shipment of dogs and cats 91.202(8)
    
  • Failure to have shipping documents held by the primary conveyance operator or attached to the outside of the primary enclosure in the required manner 91.202(8)

  Class C

  1st Violation: $1,000
  2nd Violation: $1,300 to $1,600
  3rd Violation: $1,900 - $2,200 and/or up to 6-month full suspension

  MATERIALS / CONSTRUCTION FACILITIES
  

  • Housing facility not structurally sound, kept in good repair, protecting and containing the dogs or cats, or restricting other animals from entering 91.100(1)
    
  • Housing facility surfaces not constructed in a manner or made of materials that allow them to be readily cleaned and sanitized, or removed or replaced when worn or soiled 91.100(3)(A)
    
  • Housing facility surfaces not free of excessive rust, jagged edges or sharp points 91.100(3)(A)(i), 91.100(3)(A)(ii)
    
  • Failure to maintain surfaces of a facility on a regular basis, or replace surfaces that cannot be readily cleaned and sanitized when required 91.100(3)(B), 91.103(c)
    
  • Failure to have reliable, adequate power or adequate running potable water for a housing facility 91.100(4)
    
  • Housing facility not equipped with disposal facilities and drainage systems in the required manner or location 91.100(6)
    
  • Failure to provide readily accessible washing facilities in a housing facility for animal caretakers 91.100(7)
    
  • All required surfaces of a housing facility not impervious to moisture or replaceable 91.101(d), 91.102(e)(1), 91.103(c)
    
  • Shelter structure in outdoor facility did not contain a roof, four sides and a floor 91.103(b)
    
  • Failure to have at least one shelter structure of the required size and accessible to each animal in an outdoor facility 91.103(b)
    
  • Prohibited items or material used as shelter structures in an outdoor facility 91.103(c)
    
  • Failure to replace flooring in an outdoor facility when required 91.103(c)

  MATERIALS / CONSTRUCTION PRIMARY ENCLOSURES
  

  • Primary enclosure not designed or constructed of suitable materials or not kept in good repair 91.104(1)(A)
    
  • Primary enclosure had sharp points or edges which could injure a dog or cat, or enclosure failed to protect a dog or cat from injury 91.104(1)(B)(i), 91.104(1)(B)(ii)
    
  • Failure of a primary enclosure to contain a dog or cat securely or failure to keep other animals from entering 91.104(1)(B)(iii), 91.104(1)(B)(iv)
    
  • All surfaces of a primary enclosure in contact with dogs or cats could not be readily cleaned and sanitized or replaced when required 91.104(1)(B)(ix)
    
  • Failure to have primary enclosure floors constructed in the required manner to protect dogs and cats' feet from injury or passing through openings in the floor 91.104(1)(B)(x)
    
  • Failure to have suspended floor in a primary enclosure meet requirements 91.104(1)(B)(xii)
    
  • Resting surface did not meet all size and material requirements 91.104(2)(I)

  PRIMARY ENCLOSURES -- TRANSPORTATION STANDARDS
  

  • Failure to contain a dog or cat in acceptable primary enclosure for transport or delivery for transport in commerce 91.202(1)
    
  • Primary enclosure not strong enough to contain dogs and cats as required 91.202(1)(A)
    
  • Primary enclosure had sharp points, edges, or protrusions which could injure the animal contained in it 91.202(1)(B)
    
  • Primary enclosure did not securely contain dog or cat at all times within the enclosure, or prevent any part of the body from being put outside the enclosure 91.202(1)(C)
    
  • Primary enclosure did not allow a dog or cat to be easily or quickly removed from the enclosure in an emergency 91.202(1)(D)
    
  • Primary enclosure did not provide adequate devices on its exterior when not permanently affixed to conveyance to enable the enclosure to be lifted without tilting, or prevent anyone handling the enclosure from coming into contact with the contained animal 91.202(1)(E)
    
  • Primary enclosure was not clearly marked with the words 'Live Animals' in the required places, lettering, and markings when not permanently affixed to conveyance 91.202(1)(F)
    
  • Primary enclosure used a substance in or on the enclosure that was toxic to the animal or harmful to its health or well-being 91.202(1)(G)
    
  • Primary enclosure did not have a solid, leak-proof bottom or a removable leak-proof collection tray under a slatted or mesh-floor 91.202(1)(I)
    
  • Primary enclosure removable floor not designed and constructed so that an animal could not put any part of its body between the slats or through the holes 91.202(1)(I)

  CLEANING / SANITATION
  

  • Housing facilities or food and bedding storage not free of prohibited materials, kept neat, or free of clutter 91.100(2)
    
  • Failure to spot-clean daily and sanitize hard and other surfaces, rake and spot clean designated flooring-types, or replace contaminated material 91.100(3)(C)
    
  • Failure to store food and bedding supplies in the required manner 91.100(5)
    
  • Stored required substance that is toxic to dogs or cats in food storage or preparation area 91.100(5)
    
  • Failure to provide for regular and frequent collection, removal, and disposal of animal and food wastes, bedding, debris, garbage, water, other fluids and wastes, and dead animals in the required manner 91.100(6)
    
  • Failure to drain or mop standing water in an animal enclosure 91.100(6)
    
  • Trash containers not leak-proof or did not have tightly fitted lids at all times 91.100(6)
    
  • Kept dead animals, animal parts or animal waste in prohibited areas 91.100(6)
    
  • Failure to provide a receptacle containing sufficient clean litter in all primary enclosures 91.104(2)(H)
    
  • Failure to remove excreta and food waste daily from primary enclosures 91.109(a)
    
  • Failure to remove excreta and food waste from under primary enclosures as often as required 91.109(a)
    
  • Failure to remove standing water from primary enclosures 91.109(a)
    
  • Failure to clean pans under primary enclosures and raised runs with wire, mesh, or slatted floors 91.109(a)
    
  • Used a primary enclosure for another dog, cat, or social grouping without cleaning and sanitizing as required 91.109(b)(1)
    
  • Failure to clean and sanitize a primary enclosure as required at least once every two weeks or more often when necessary 91.109(b)(2)
    
  • Failure to sanitize a primary enclosure with live steam under pressure, hot water and soap or detergent, or an appropriate detergent and disinfect solution 91.109(b)(3)
    
  • Failure to remove contaminated material as required from pens, runs, and outdoor housing areas that cannot be sanitized 91.109(b)(4)
    
  • Failure to keep housing facilities and surrounding grounds clean and in good repair 91.109(c)
    
  • Failure to keep housing facilities and surrounding grounds free of accumulations of trash, junk, waste products, and discarded matter 91.109(c)
    
  • Failure to control weeds, grasses, and bushes of housing facilities and surrounding grounds 91.109(c)
    
  • Failure to establish and maintain an effective program for the control of insects, external parasites, and birds and mammals that are pests 91.109(d)

  CLEANING / SANITATION--TRANSPORTATION STANDARDS
  

  • Primary enclosure did not contain enough previously unused litter to absorb and cover excreta, or litter was not suitably absorbent, or safe and nontoxic to dogs and cats 91.202(1)(I)
    
  • Failure to clean and sanitize primary enclosure before each use in the required method 91.202(2)
    
  • Failure to clean primary enclosure and replace litter , or move dog or cat to another enclosure, when the animal was in transit more than 24 hours 91.202(2)

  Class D:

  1st Violation: $1,250
  2nd Violation: $1,750 - $2,250 and/or up to 1-year full suspension
  3rd Violation: $2,750 - $3,250 and/or up to 1-year full suspension

  ENVIRONMENT / TEMPERATURE / ELEMENTS
  

  • Failure to sufficiently heat and cool an indoor or sheltered housing facility as necessary, or allowed ambient temperature to go above or below listed temperatures for more than two consecutive hours 91.101(a), 91.102(a)
    
  • Failure to provide dry bedding, solid resting boards, or other method of conserving body heat when required in an indoor or sheltered facility 91.101(a), 91.102(a)
    
  • Failure to maintain relative humidity at the required level as documented in the medical records for each animal 91.101(b)
    
  • Failure to sufficiently ventilate an indoor housing facility or sheltered part of sheltered housing facility when dogs or cats are present 91.101(b), 91.102(b)
    
  • Failure to adequately light an indoor or sheltered housing facility as required 91.101(c), 91.102(c)
    
  • Failure to place primary enclosure so as to protect dogs or cats from excessive light 91.101(c), 91.102(c)
    
  • Failure to provide dogs or cats with adequate shelter from the elements at all times 91.102(d)
    
  • Failure to provide at least one outdoor area of shade large enough to contain all animals at once 91.103(b)
    
  • Failure to provide dogs or cats in an outdoor facility with adequate protection and shelter from cold and heat 91.103(b)(1)
    
  • Failure to provide dogs or cats in an outdoor facility with protection from direct rays of the sun and direct effect of wind, rain, or snow 91.103(b)(2)
    
  • Failure of an outdoor facility to contain a wind break and rain break at the entrance 91.103(b)(3)
    
  • Failure to contain the proper amount of clean, dry, bedding material in an outdoor facility when ambient temperature dropped below listed temperatures 91.103(b)(4)
    
  • Primary enclosure did not enable the dog or cat to remain clean and dry, or did not provide shelter and protection for extreme temperatures and weather 91.104(1)(B)(v), 91.104(1)(B)(vi)
    
  • Primary enclosure failed to provide sufficient shade to shelter all dogs or cats housed in the primary enclosure at one time 91.104(1)(B)(vii)

  ENVIRONMENT / TEMPERATURE / ELEMENTS TRANSPORTATION STANDARDS
  

  • Failure to sufficiently heat and cool a mobile or traveling housing facility as necessary, or allowed ambient temperature to go above or below listed temperatures for more than two consecutive hours 91.201(a)
    
  • Failure to provide dry bedding, solid resting boards, or other method of conserving body heat when required 91.201(a)
    
  • Failure to sufficiently ventilate a mobile or traveling housing facility at all times when dogs or cats are present 91.201(b)
    
  • Failure to adequately light a mobile or traveling housing facility as required 91.201(c)
    
  • Primary enclosure did not provide proper ventilation 91.202(1)(H)
    
  • Non-permanently affixed primary enclosure did not have ventilation openings or openings did not meet location and size requirements 91.202(3)(A)
    
  • Non-permanently affixed primary enclosure did not have projecting rims or similar devices of the required size to prevent obstruction of ventilation openings 91.202(3)(B)
    
  • Permanently affixed primary enclosure did not have a front ventilation opening or opening did not meet size and construction requirements 91.202(3)(C)
    
  • Permanently affixed primary enclosure not affixed in such a way that the front ventilation opening opened directly to an unobstructed aisle or passageway and the opening could not be blocked 91.202(3)(C)
    
  • Positioned a primary enclosure in a primary conveyance where it was not provided protection from the elements 91.202(5)(B)

  PLACEMENT / GROUPING
  

  • Kept a prohibited category of dog or cat in an outdoor facility 91.103(a)(1)
    
  • Kept dog or cat in an outdoor facility when its acclimation status was unknown
    91.103(a)(2)
    
  • Placed a primary enclosure without an impervious barrier on top of another primary enclosure 91.104(1)(A)
    
  • Failure to meet primary enclosure compatibility requirements, specifically: 91.104(2)(G), 91.105
    
  • Housed non-compatible cats/dogs, or more than 12 non-conditioned adults, in the same enclosure 91.104(2)(G), 91.104(3)(B), 91.105
    
  • Housed females in heat with sexually mature males when not breeding 91.104(2)(G), 91.104(3)(B), 91.105(1)
    
  • Housed females with litters, or kittens/puppies under six months, with other adults 91.104(2)(G), 91.104(3)(B), 91.105(3)
    
  • Failure to house cats/dogs with a vicious or aggressive disposition separately 91.104(2)(G), 91.104(3)(B), 91.105(2)
    
  • Used permanent tethering as a primary enclosure 91.104(3)(C)
    
  • Stacked primary enclosures above three vertical levels 91.104(3)(D)
    
  • Housed dogs or cats in same primary enclosure with another species of animal that is incompatible 91.105(4)
    
  • Failure to isolate a dog or cat that had or was suspected of having a contagious disease, as directed by a veterinarian 91.105(5)
    
  • Kept a dog or dogs in a group when a veterinarian determined it would affect health or well-being, or any dog exhibited aggressive or vicious behavior 91.106(b)(1), 91.106(b)(2)
    
  • Failure to remove dogs and cats from a primary enclosure during steam or water cleaning when required 91.109(a)
    
  • Failure to protect animals in other primary enclosures from being contaminated with water and other wastes during cleaning 91.109(a)

  PLACEMENT / GROUPING TRANSPORTATION STANDARDS
  

  • Failure to safeguard a dog or cat from injury or prevent escape when cleaning or changing primary enclosures 91.202(2)
    
  • Transported dogs or cats of different species or an incompatible group in the same primary enclosure 91.202(4)(A)
    
  • Transported puppies or kittens six months of age or less in the same primary enclosure with adult dogs or cats not their dams 91.202(4)(B)
    
  • Failure to individually transport a dog or cat that was overly aggressive or exhibited a vicious disposition 91.202(4)(C)
    
  • Transported a female dog or cat in heat in the same primary enclosure with an adult male dog or cat 91.202(4)(D)
    
  • Transported more than one dog or cat by air in the same primary carrier when not allowed 91.202(6)(A)
    
  • Transported more than one puppy by air in the same primary enclosure when not allowed 91.202(6)(B)
    
  • Transported more than two puppies or kittens by air in the same primary enclosure when not allowed 91.202(6)(C)
    
  • Transported unweaned puppies or kittens less than eight weeks old to a research facility without their dam 91.202(6)(D), 91.202(7)(B)
    
  • Transported more than four dogs or cats by surface vehicle or privately owned aircraft in the same primary carrier when not allowed 91.202(7)(A)
    

  Class E:

  1st Violation: $2,000
  2nd Violation: $2,500 - $3,000 and/or up to 1-year full suspension
  3rd Violation: $3,500 - $4,000 and/or up to 1-year full suspension

  EXERCISE
  

  • Failure to develop, document, or follow a plan with written standard procedures to provide dogs with the opportunity for daily exercise 91.106(a)
    
  • Failure to have a daily exercise plan approved and documented in each dog's medical records by a veterinarian 91.106(a)
    
  • Failure to give dogs in a group additional opportunity for daily exercise when the dogs' ages or the group's space did not meet minimum requirements 91.106(b)
    
  • Failure to give a dog 12 weeks of age or older the required frequency, method, and duration of the opportunity for exercise 91.106(c)(1)
    
  • Failure to provide a dog with the minimum required positive physical contact with humans 91.106(c)(2)
    
  • Used a forced exercise method or device to meet exercise requirement 91.106(c)(4)
    
  • Exempted dog from meeting exercise requirement without documentation from veterinarian at least every 30 days 91.106(d)(1)

  HEALTH CARE
  

  • Failure to provide basic grooming to each animal as required 91.111
    
  • Failure to have each animal used for breeding examined by a veterinarian at least once every 12-month period 91.112(a)
    
  • Failure to develop for each animal and maintain at each facility a written health care management protocol approved by a veterinarian 91.112(c)
    
  • Failure to ensure the written health care management protocol was followed and routine and preventative healthcare was provided to each animal 91.112(c)(1)
    
  • Failure to ensure the written health care management protocol was followed and each animal received appropriate care and treatment for any injury, disease, or illness that may have affected the animal's health or well-being 91.112(c)(1)
    
  • Failure to provide breeding females with adequate rest between breeding cycles 91.112(d)
    
  • Sold, traded, or gave away an animal less than eight weeks of age 91.113

  SPACE
  

  • Failure to provide sufficient space in a primary enclosure for a dog or cat to turn about freely, to stand, sit, lie, and to walk in a normal manner 91.104(1)(B)(xi)
    
  • Failure to provide a cat in a primary enclosure with minimum required floor space 91.104(2)(A), (C), (D) & (F)
    
  • Failure of a primary enclosure for a cat to be at least 24 inches high 91.104(2)(B)
    
  • Failure to meet floor space requirements for a queen with nursing kittens 91.104(2)(E), 91.104(2)(F)
    
  • Failure to provide a dog in a primary enclosure with minimum required floor space 91.104(3)(A)(i)
    
  • Failure to meet floor space requirements for a bitch with nursing puppies 91.104(3)(A)(ii)
    
  • Interior height of a primary enclosure for dogs did not meet minimum requirements 91.104(3)(A)(iii)

  SPACE TRANSPORTATION STANDARDS
  

  • Primary enclosure was not large enough to ensure the animal contained could move, stand, sit, and lie as required 91.202(5)(A)

  FOOD / WATER
  

  • Failure to provide all dogs or cats with easy and convenient access to clean food and water 91.104(1)(B)(viii)
    
  • Failure to feed dogs and cats at least once each day or as otherwise required 91.107(a)
    
  • Fed a dog or cat contaminated, unwholesome, or unpalatable food, or of insufficient quantity and nutritive value to maintain the normal condition and weight of the animal 91.107(a)
    
  • Dog or cat's diet was inappropriate for its age or condition 91.107(a)
    
  • Failure to use food receptacles or receptacles were not readily accessible 91.107(b)
    
  • Failure to locate food receptacles so as to minimize contamination or to protect them from rain, sleet, or snow 91.107(b)
    
  • Used non -disposable food receptacles that were not made of required material 91.107(b)
    
  • Used self-feeders for wet food 91.107(b)
    
  • Failure to ensure feed had no molding, deterioration, or caking 91.107(b)
  • Failure to offer potable water to dogs and cats at least twice daily for at least one hour each time 91.108

  FOOD / WATER CLEANING / SANITATION
  

  • Failure to keep food receptacles or self-feeders clean and sanitize them as required 91.107(b)
    
  • Failure to discard disposable food receptacles after one use 91.107(b)
    
  • Failure to keep water receptacles clean and sanitized 91.108
    
  • Failure to clean and sanitize water receptacles before being used by a different dog, cat, or social grouping 91.108
    
  • Used a food or water receptacle for another dog, cat, or social grouping without cleaning and sanitizing as required 91.109(b)(1)
    
  • Failure to clean and sanitize a food or water receptacle as required at least once every two weeks or more often when necessary 91.109(b)(2)
    
  • Failure to sanitize a food or water receptacle with live steam under pressure, hot water and soap or detergent, or an appropriate detergent and disinfect solution 91.109(b)(3)

  FOOD / WATER TRANSPORTATION STANDARDS
  

  • Failure to offer a dog or cat at least 16 weeks of age food once every 24 hours 91.200(a)
    
  • Failure to offer a dog or cat less than 16 weeks of age food once every 12 hours 91.200(a)
    
  • Failure to offer a dog or cat potable water once every 12 hours 91.200(a)
    
  • Failure to offer a dog or cat potable water within four hours of being transported in commerce 91.200(a)
    
  • Failure to securely attach to the outside of the primary enclosure of an animal transported in commerce the written instructions for in-transit food and water requirements when required 91.200(b)
    
  • Failure to attach the in-transit food and water requirements in the required manner 91.200(b)
    
  • Failure to attach to inside of a primary enclosure food and water receptacles in the required manner 91.200(c)
    
  • Failure to have instructions for food, water, administration of drugs or medication, and other special care attached to the outside of the primary enclosure in the required manner 91.202(8)

  Class F:

  1st Violation: $3,000 to $5,000 and/or revocation
  2nd Violation: $5,000 and/or revocation
  3rd Violation: $5,000 and/or revocation

  UNLICENSED ACTIVITY
  

  • Acted, offered to act, or represented to be a dog or cat breeder without holding a license 802.101(a)
    
  • Failure to have a breeder license for each facility owned or operated 802.101(a), 91.22(a)

  VETERINARY PROCEDURE VIOLATIONS

  • Euthanized an animal or performed a surgical birth when not a veterinarian 91.112(b)
    
  • Allowed someone who was not a veterinarian to euthanize an animal or perform a surgical birth 91.112(b)

  FRAUD AND NONCOMPLIANCE VIOLATONS
  

  • Failed to comply with previous order of Commission/Executive Director 51.353(a), 91.90
    
  • Obtained or attempted to obtain a license by fraud or false representation 802.107(c)(3), 60.23(a)(1), 91.92(b)(3)
    
  • Submitted falsified required documents as part of the initial or renewal application packet 802.107(c)(3), 60.23(a)(2), 91.92(b)(3)
    
  • Failure to pay the Department for a dishonored check 60.82