(a) The department shall deny issuance of a license to, or refuse to renew the license of, a person if the person or a controlling person of the dog or cat breeder has pled guilty or nolo contendere to, been convicted of, or received deferred adjudication for animal cruelty or neglect in this state or any other jurisdiction in the five years preceding the person’s initial or renewal application for a license.
(b) Subject to Subsection (b-1), the license of a licensed breeder is revoked by operation of law if, after the license is issued, the licensed breeder or a controlling person of the licensed breeder pleads guilty or nolo contendere to, is convicted of, or receives deferred adjudication for animal cruelty or neglect in this state or any other jurisdiction.

Terms Used In Texas Occupations Code 802.107

  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
  • Rule: includes regulation. See Texas Government Code 311.005

(b-1) Before a license is revoked under Subsection (b), the department must issue a notice of the revocation under the grounds prescribed by that subsection to the licensed breeder stating that the licensed breeder or the licensed breeder’s representative may, not later than the 20th day after the date the licensed breeder receives the notice, submit to the department proof that the licensed breeder or controlling person of the licensed breeder, as applicable, did not plead guilty or nolo contendere to, was not convicted of, or did not receive deferred adjudication for animal cruelty or neglect in this state or any other jurisdiction as described by Subsection (b).
(c) The department may deny issuance of a license to, refuse to renew the license of, or revoke or suspend a license held by a person who:
(1) fails to meet the requirements of this chapter and rules adopted under this chapter;
(2) has had a similar license issued by a federal, state, or local authority denied, revoked, or suspended;
(3) has falsified any material information requested by the department;
(4) has failed to meet a standard adopted by rule under this chapter; or
(5) has failed to comply with any corrective action required under an inspection report in the time provided by the report.

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