The following words and terms, when used in this chapter, shall
have the following meanings, unless the context clearly indicates
otherwise. A word or term not defined in this chapter shall have the
meaning set forth in 9 C.F.R. Chapter I, Subchapter A, Part 1.
(1) Act--Texas Occupations Code, Chapter 802, relating
to Dog or Cat Breeders.
(2) Adult animal--An animal six months of age or older.
(3) Animal--A dog or a cat.
(4) Cat--A mammal that is wholly or partly of the species
Felis domesticus.
(5) Commission--The Texas Commission of Licensing and
Regulation under Texas Occupations Code, Chapter 51.
(6) Controlling person--An individual who:
(A) is a partner, manager, director, officer, or member
of a dog or cat breeder;
(B) possesses the authority to set policy or direct
management of a dog or cat breeder; or
(C) possesses a direct or indirect control of 25 percent
or more of a dog or cat breeder.
(7) Department--The Texas Department of Licensing and
Regulation under Texas Occupations Code, Chapter 51.
(8) Dog--A mammal that is wholly or partly of the species
Canis familiaris.
(9) Dog or cat breeder--A person who possesses five
or more adult intact female animals and is engaged in the business
of breeding those animals for direct or indirect sale or for exchange
in return for consideration.
(10) Facility--The premises used by a dog or cat breeder
for keeping or breeding animals. The term includes all buildings,
property, and confinement areas used to conduct the breeding business.
(11) Federal regulations--The specifications for the
humane handling, care, treatment, and transportation of dogs and cats
set forth in 9 C.F.R. Chapter I, Subchapter A, Part 3, Subpart A.
(12) Intact female animal--A female animal that has
not been spayed and is capable of reproduction.
(13) Kitten--A cat less than six months old.
(14) Licensed breeder--A dog or cat breeder who holds
a license issued under this chapter.
(15) Licensee--A licensed breeder.
(16) Positive Physical Contact--Petting, stroking,
or other touching, which is beneficial to the well-being of the animal.
(17) Possess--To have custody of or control over.
(18) Primary enclosure--Any structure used to restrict
an animal to a limited amount of space. The term includes a room,
pen, run, cage, or compartment.
(19) Puppy--A dog less than six months old.
(20) Representative--A person authorized or delegated
by a licensed breeder to speak, act, or otherwise stand for or on
behalf of the licensee.
(21) Veterinarian--A veterinarian in good standing
and licensed to practice veterinary medicine in this state.
(22) Wire or Wire Mesh--Any metal, alloy or other material
which allows a free air flow through the material when used, or constructed
to be used, as flooring for any structure required by this chapter.
The strands of metal, alloy or other material must be completely encased
in thick bonded vinyl, plastic or rubberized coating designed so the
animal's paws are unable to extend through, or become caught in the
openings.
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