Effort to Ban Retail Sale of Dogs and Cats in Texas Dealt a Blow

The effort to ban the retail sale of dogs and cats in Texas was dealt a blow after a House bill failed to make it to a vote on the lower chamber’s floor.

But its supporters still have hope.

Midnight was the deadline for the lower chamber to take up its own bills. Still, a companion bill authored by state Sen. Judith Zaffirini, D-Laredo, is currently in the Senate Business and Commerce Committee.

While disappointed about the House version stalling out, Texas Humane Legislation Network executive director Shelby Bobosky said, “The fight to stop the puppy mill pipeline into Texas is not over.”

“Texans overwhelmingly support these reforms, and now is the time for our elected officials to match that energy with action,” Bobosky said.

Background on the Bill

House Bill 3458, authored by state Rep. Jared Patterson, R-Frisco, would have prohibited pet stores from selling dogs and cats, and added penalties — $500 per day for each animal — for businesses in violation. The bill does not apply to other pets, such as reptiles and birds.

Pet stores would be allowed to host, at no charge, organizations and animal shelters for pet adoptions under the bill.

More than a dozen Texas cities, including Dallas, adopted local rules banning such sales. Some pet stores, however, have continued selling dogs and cats with cover from a 2023 bill that bars cities and counties from passing ordinances preempting state law related to business and commerce.

Arguments For and Against the Bill

Bobosky and other proponents of the proposed legislation, which was voted favorably out of committee earlier this month, have said the ban would stop what her organization considers an unethical practice. During the legislative session, multiple people testified about their experiences of spending thousands of dollars at a pet store, and later learning the animal was sick.

Pet stores that opposed the bill have argued the ban, in addition to hurting their businesses, would drive consumers to unregulated markets to find their puppies and kittens.

Bobosky disagrees. “The stores that oppose this legislation because they are currently selling puppies and kittens and say they cannot survive, how on earth are the most successful stores like Petco and PetSmart, who have humane business models, the most successful?” Bobosky said.

Stories of Those Affected

Earlier this month, Plano resident Chelsea Deteau testified in favor of the pet sales bill and recounted her experience of paying more than $2,000 for what she and her boyfriend hoped would be their next cuddly companion.

Deteau bought her puppy at Petland Frisco. She said, “the first two days were pure bliss.”

But Deteau and her boyfriend noticed their new pup wasn’t eating much and had diarrhea. On day three, Deteau took her puppy to a vet, who informed the couple their puppy had giardia, a parasitic infection that, although not uncommon in puppies, can cost thousands of dollars to treat in severe cases.

When she tried to return the dog, Petland denied her claim, Deteau said.

“They denied my refund multiple times; they were not helpful at all,” Deteau said. “Not once did they try to offer any type of solution to us and especially after spending as much money as we did, we were expecting to have a happy, healthy dog.”

Response from Petland

“Puppies are living beings, and like babies, they can get sick,” Kunzelman’s email read. “Every Petland store is required to have a consulting state-licensed veterinarian to perform health exams for all incoming puppies before they are made available to our guests for play or purchase. In the event a puppy shows signs of illness, this veterinarian directs the care of that pet.”

In 2024, fewer than 3.5% of the puppies sold at Texas Petland locations were treated for upper respiratory infections and less than 1% were treated for hereditary or congenital issues, Kunzelman said.

Conclusion

The effort to ban the retail sale of dogs and cats in Texas may have been dealt a blow, but its supporters still have hope. With a companion bill still in the Senate Business and Commerce Committee, there is still a chance for the bill to become law.

As Bobosky said, “Regulating the sale of puppies and kittens in pet stores doesn’t work because it doesn’t stop the sale of sick and defective puppies and kittens.” A statewide ban is needed to stop the practice of selling sick and defective puppies and kittens.

FAQs

Q: What is House Bill 3458?

A: House Bill 3458 is a bill that would prohibit pet stores from selling dogs and cats, and add penalties for businesses in violation.

Q: Why do proponents of the bill support it?

A: Proponents of the bill support it because they believe it would stop the unethical practice of selling sick and defective puppies and kittens.

Q: What do opponents of the bill say?

A: Opponents of the bill say that it would hurt their businesses and drive consumers to unregulated markets to find their puppies and kittens.

Q: What is the current status of the bill?

A: The House version of the bill failed to make it to a vote, but a companion bill is still in the Senate Business and Commerce Committee.