According to city documents, the ordinance is based on House Bill 1818 that failed to pass the 87th Texas legislative session in 2021. The regulation would require publicly visible documentation of where every animal is sourced from and maintain that record for one year following the date the pet store takes possession of the dog or cat, be it an animal shelter, private breeding facility or other source.
A record would have to be displayed next to the cage or enclosure each dog or cat is kept in, detailing the name and contact information of its origin.
The new rule would have only applied to commercial pet stores, not individual breeders that raise dogs or cats in their home, according to the documents.
“Staff from animal services and legal prepared this draft ordinance based on content found in a few sample ordinances currently in place around the state and also took into consideration draft state legislation that ultimately did not pass at that level,” interim City Manager Stephanie Reyes said. “The ordinance [should it pass] as written would ban the retail sale of dogs and cats unless those animals are sourced from an animal control agency, an animal shelter or an animal rescue organization. We've heard a lot of public input today and over the past few days regarding this item," Reyes said.
More than a dozen people spoke during the public comment period of the meeting both in favor and in opposition to the ordinance, focusing their grievances or support in particular on Pickapet, currently the only commercial pet store in San Marcos.
Council Member Shane Scott asked city staff if the ordinance would effectively shut down the pet store.
“I don't know what other things they offer for sale besides cats and dogs, puppies. But if they do provide other services or other materials, that wouldn't be prohibited by this order,” San Marcos City Attorney Michael Cosentino said.
Council Member Mark Gleason wondered if the wording of the ordinance would also apply to individuals who breed dogs or cats and only occasionally sell them.
Ultimately the council tabled the ordinance and referred it to the council’s newly formed animal services committee for further research and review.
