1. (a) Applicants for a license must submit all required information in a manner and form prescribed by the department.

2. (b) Applicants must submit the following:

   1. (1) a complete application;
   2. (2) a valid state sales tax identification number;
   3. (3) the name and address of each controlling person; and
   4. (4) the fee required under §91.80;
3. (c) Each applicant and controlling person must successfully pass a criminal history background check.

4. (d) In addition to the requirements in subsections (b) and (c), each applicant must:

   1. (1) successfully pass a facility prelicense inspection conducted by a department-approved inspector; or
   2. (2) provide a current Class A animal dealers license issued under the Animal Welfare Act (7 U.S.C. Section 2131 et seq.) and a statement certifying that the facility meets the requirements of this chapter; or

   3. (3) satisfy the following requirements:

      1. (A) successfully pass an administrative facility prelicense inspection conducted by a department-approved inspector by satisfying the requirements in subsections (b) and (c); and

      2. (B) provide a current Class B animal dealers license issued under the Animal Welfare Act (7 U.S.C. Section 2131 et seq.) and:

         1. (i) color photographs at least 4 x 6 inches of each primary enclosure located on the premises or location for licensure;
         2. (ii) a statement certifying the number and breed of animals housed in the primary enclosures photographed in clause (i); and
         3. (iii) a statement certifying that the facility meets the requirements of this chapter.

Source Note:The provisions of this §91.23 adopted to be effective May 1, 2012, 37 TexReg 3075; amended to be effective January 1, 2024, 48 TexReg 8357.