16 Tex. Admin. Code § 91.10

Current through Register Vol. 49, No. 48, November 29, 2024

Section 91.10 - Definitions

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.

16 Tex. Admin. Code § 91.10

The provisions of this §91.10 adopted to be effective May 1, 2012, 37 TexReg 3075; Amended by Texas Register, Volume 48, Number 52, December 29, 2023, TexReg 8361, eff. 1/1/2024