1. (a) To be eligible for a Dog or Cat Breeders license, except as provided for in subsection (b), an applicant must:

   1. (1) submit a completed application on a department-approved form;
   2. (2) provide a valid state sales tax identification number;
   3. (3) provide the name and address of each controlling person;
   4. (4) successfully pass a criminal background check for each applicant and controlling person;
   5. (5) successfully pass a facility prelicense inspection conducted by a department-approved inspector or provide a current Class A animal dealers license issued under the Animal Welfare Act (7 U.S.C. Section 2131 et seq.) together with a statement certifying that the facility meets the requirements of this chapter; and
   6. (6) pay the fee required under §91.80.

2. (b) A person may also be eligible for a Dog or Cat Breeders license if that person successfully passes an administrative facility prelicense inspection conducted by a department-approved inspector by satisfying the requirements in subsection (a)(1) - (4), and provide a current Class B animal dealers license issued under the Animal Welfare Act (7 U.S.C. Section 2131 et seq.) together with:

   1. (1) color photographs at least 4 x 6 inches of each primary enclosure located on the premises or location for licensure;
   2. (2) a statement certifying the number and breed of animals housed in the primary enclosures photographed in subparagraph (A); and
   3. (3) 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.