Section 91.104 - Standards of Care-Primary Enclosure(a) Primary enclosures for dogs and cats must meet the following minimum requirements: (1) General requirements. Primary enclosures must be designed and constructed of suitable materials so that they are structurally sound. The primary enclosures must be kept in good repair and shall not be placed on top of another primary enclosure unless an impervious barrier designed to prevent the transfer of fluid or animal waste separates the two primary enclosures.
(2) Construction and maintenance. Primary enclosures must be constructed and maintained so that they: (A) have no sharp points or edges that could injure the dogs and cats;(B) protect the dogs and cats from injury;(C) contain the dogs and cats securely;(D) keep other animals from entering the enclosure;(E) enable the dogs and cats to remain dry and clean;(F) provide shelter and protection from extreme temperatures and weather conditions that may be uncomfortable or hazardous to all the dogs and cats;(G) provide sufficient shade to shelter all the dogs and cats housed in the primary enclosure at one time;(H) provide all the dogs and cats with easy and convenient access to clean food and water;(I) enable all surfaces in contact with the dogs and cats to be readily cleaned and sanitized in accordance with §91.109(b), or be replaceable when worn or soiled;(J) have floors that are constructed in a manner that protects the dogs' and cats' feet and legs from injury, and that, if of mesh or slatted construction, do not allow the dogs' and cats' feet to pass through any openings in the floor;(K) provide sufficient space to allow each dog and cat to turn about freely, to sit, stand, and lie in a comfortable, normal position without its body being in contact with at least one side of the enclosure walls and to walk in a normal manner; and(L) if the suspended floor of a primary enclosure is constructed of metal strands, the strands must either be greater than 1/8 of an inch in diameter (9 gauge) or coated with a material such as plastic or fiberglass. The suspended floor of any primary enclosure must be strong enough so that the floor does not sag or bend between the structural supports.(b) Additional requirements for cats.(1) Space. Each cat, including weaned kittens, that is housed in any primary enclosure must be provided minimum vertical space and floor space in accordance with this chapter.(2) Each primary enclosure housing cats must be at least 24 in. high (60.96 cm).(3) Cats up to and including 8.8 lbs (4 kg) must be provided with at least 3.0 ft2 (0.28 m2).(4) Cats over 8.8 lbs (4 kg) must be provided with at least 4.0 ft2 (0.37 m2).(5) Each queen with nursing kittens must be provided with an additional amount of floor space, based on her breed and behavioral characteristics, and in accordance with generally accepted husbandry practices. If the additional amount of floor space for each nursing kitten is equivalent to less than 5 percent of the minimum requirement for the queen, such housing must be approved by a veterinarian.(6) The minimum floor space required by this section is exclusive of any food or water pans. The litter pan may be considered part of the floor space if properly cleaned and sanitized.(7) Compatibility. All cats housed in the same primary enclosure must be compatible, as determined by observation. Not more than 12 adult nonconditioned cats may be housed in the same primary enclosure. Queens in heat may not be housed in the same primary enclosure with sexually mature males, except for breeding. Except when maintained in breeding colonies, queens with litters may not be housed in the same primary enclosure with other adult cats, and kittens under 6 months of age may not be housed in the same primary enclosure with adult cats, other than the dam or foster dam. Cats with a vicious or aggressive disposition must be housed separately.(8) Litter. In all primary enclosures, a receptacle containing sufficient clean litter must be provided to contain excreta and body wastes.(9) Resting surfaces. Each primary enclosure housing cats must contain a resting surface or surfaces that, in the aggregate, are large enough to hold all the occupants of the primary enclosure at the same time comfortably. The resting surfaces must be elevated, impervious to moisture, and be able to be easily cleaned and sanitized, or easily replaced when soiled or worn. Low resting surfaces that do not allow the space under them to be comfortably occupied by the animal will be counted as part of the floor space.(c) Additional requirements for dogs.(1) Space. (A) Each dog housed in a primary enclosure (including weaned puppies) must be provided a minimum amount of floor space, calculated as follows: Find the mathematical square of the sum of the length of the dog in inches (measured from the tip of its nose to the base of its tail) plus 6 inches; then divide the product by 144. The calculation is: (length of dog in inches + 6) x (length of dog in inches + 6) = required floor space in square inches. Required floor space in inches/144 = required floor space in square feet.(B) Each bitch with nursing puppies must be provided with an additional amount of floor space, based on her breed and behavioral characteristics, and in accordance with generally accepted husbandry practices as determined by a veterinarian. If the additional amount of floor space for each nursing puppy is less than 5 percent of the minimum requirement for the bitch, such housing must be approved by a veterinarian and documented in the medical records related to each dog.(C) The interior height of a primary enclosure must be at least 6 inches higher than the head of the tallest dog in the enclosure when it is in a normal standing position.(2) Compatibility. All dogs housed in the same primary enclosure must be compatible, as determined by observation. Not more than 12 adult nonconditioned dogs may be housed in the same primary enclosure. Bitches in heat may not be housed in the same primary enclosure with sexually mature males, except for breeding. Except when maintained in breeding colonies, bitches with litters may not be housed in the same primary enclosure with other adult dogs, and puppies under 6 months of age may not be housed in the same primary enclosure with adult dogs, other than the dam or foster dam. Dogs with a vicious or aggressive disposition must be housed separately.(3) Prohibited means of primary enclosure. Permanent tethering of dogs is prohibited for use as primary enclosure.(4) Prohibited stacking of primary enclosure. Primary enclosures may not be stacked above three vertical levels.16 Tex. Admin. Code § 91.104
The provisions of this §91.104 adopted to be effective May 1, 2012, 37 TexReg 3075; Amended by Texas Register, Volume 48, Number 52, December 29, 2023, TexReg 8361, eff. 1/1/2024