September 2023

Kelly Crouch, CFA Legislative Information Liaison

The Texas Department of Licensing and Regulation and its governing board, the Texas Commission on Licensing and Regulation, are about to engage in the rulemaking process, not once but twice, to adopt new rules for the state’s Licensed Breeder Program. At the September 1, 2023, Licensed Breeder Advisory Committee meeting , the committee discussed why rule changes were needed. This year’s enacted Senate Bill 876, which reduced the licensing threshold and expanded the dog breeder exemptions, along with a change in fees, group record-keeping provisions, and general housekeeping issues necessitate the first proposed rule change. These rules must be expedited since affected breeders must be licensed by January 1, 2024. The committee provided its advisory vote to approve the draft of the proposed rules. Next, the Department will publish a Summary of Proposed Rule changes in the Texas Register on September 22. Then, public comments will be accepted until October 23. Instructions are available here.

Informative presentations about the Texas Administrative Procedure Act, including the rulemaking process, Open Meetings Act, and Public Information Act, were presented during the meeting for fanciers wishing to review that information. The committee will meet again on November 1, 2023.

The timeline mandated by SB 876 requires handling the second rulemaking effort dealing with recent changes to the federal standards regulation separately. The 2011 Licensed Dog and Cat Breeders Act mandates that state rules meet the federal regulations at a minimum. Thus, state rules must be updated when federal regulations change. Remember, nothing prevents the state from exceeding federal regulations and possibly opening the door to prohibitive barriers to licensing. These rule changes are expected to take longer and would delay those required by SB 876. The federal regulations are in The Animal Welfare Act and Animal Welfare Regulations “Blue Book“. The section dealing with standards is 9 C.F.R. Part 3, Subpart A; it starts on page 126.

Information about the Texas Licensed Breeders Program is available at the TDLR website.