BILL ANALYSIS



C.S.H.B. 239
By: Goodman
3-16-95
Committee Report (Substituted)


BACKGROUND

Currently, Chapter 12G, Parks and Wildlife Code, requires
individuals to have a federal or state permit in order to legally
possess certain types of wild animals.  There are no restrictions
on the number of animals held by the person or on the disposition
of the animals.  Additionally, the law does not specifically
address the keeping or hunting of wild animals in captivity that
are considered dangerous.

PURPOSE

As proposed, C.S.H.B. 239 prohibits the killing of or attempt to
injure dangerous wild animals, and certain commercial activities
surrounding the kill of or attempt to injure dangerous wild animals
kept in captivity.

RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is granted
to the Texas Parks and Wildlife Commission under SECTION 1 (Sec.
62.104(b), Parks and Wildlife Code) of this bill.

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 62, Parks and Wildlife Code, by adding
Subchapter F, as follows:

   SUBCHAPTER F.  UNLAWFUL CONTROLLED KILLING OF OR ATTEMPTING TO                    INJURE DANGEROUS WILD ANIMALS 

     Sec. 62.101.  DEFINITIONS.  Defines "captivity," "dangerous
     wild animal," "hybrid," "lion" and "sanctuary".

     Sec. 62.102.  CONTROLLED KILLING OF OR ATTEMPTING TO INJURE
     DANGEROUS WILD ANIMAL PROHIBITED.  Prohibits a person from
     killing or attempting to injure, or conducting, promoting,
     assisting or advertising such activities for a dangerous wild
     animal in captivity or released in this state for the purpose
     of being killed or injured.

     Sec. 62.103.  UNLAWFUL CONTROLLED KILLING: CERTAIN COMMERCIAL
     ACTIVITY PROHIBITED.  Prohibits the sale, transport, or
     consignment for transport including interstate commerce, of a
     dangerous wild animal to be used for controlled killing. 
     Prohibits the sale of a part or product made from a dangerous
     wild animal that is used in a controlled kill. 

     Sec. 62.104.  SEIZURE OF DANGEROUS WILD ANIMAL OR CARCASS,
     HIDE, PART, OR PRODUCT.  (a) Authorizes a peace officer to
     seize a live dangerous wild animal, hide, part of, or product
     made from a wild animal if the officer has probable cause to
     believe that the live animal or product was killed, wounded or
     injured in, or obtained as a result of, a controlled kill.

           (b) Requires the Parks and Wildlife Commission to adopt
     rules for the final           disposition of a carcass, hide,
     part, product, or live animal seized under this        section.  

           (c) Provides that the department, game warden, or other
     authorized department    official is immune from criminal or
     civil liability, and from prosecution or civil    suit for a
     seizure conducted under this section.

     Sec. 62.105.  AUTHORITY OF LOCAL GOVERNMENT.  Provides that
     this subchapter does not restrict the authority of a local
     government to regulate the possession of a dangerous wild
     animal if the regulation does not conflict with this
     subchapter.

     Sec. 62.106.  EXCEPTIONS.  (a) Provides that this subchapter
     does not apply to a peace officer or government employee, or
     a person acting at the direction of such an officer or
     employee, who while acting in an official capacity or at the
     direction of such an officer or employee, injures or kills a
     dangerous wild animal that the officer or employee reasonably
     believes to present a possible danger to the public.  Provides
     that this person is immune from criminal or civil liability
     and from prosecution or civil suit for causing injury or death
     to the animal.

           (b) Provides that this subchapter does not apply
     to a licensed veterinarian    or an employee of certain
     tax-exempt sanctuaries or a facility accredited   by the
     Association of Zoos and Aquariums who, in an official
     capacity,      humanely euthanizes a dangerous wild
     animal to eliminate the suffering  of that animal due to
     illness or injury.  Provides that a person described   by
     this section is immune from criminal or civil liability
     and from  prosecution or civil suit for causing injury or
     death to the animal.

     Sec. 62.107  CRIMINAL PENALTY.  Provides that a person who
     violates this subchapter commits a Class A Parks and Wildlife
     Code misdemeanor, with an exception.

SECTION 2.  Amends Section 240.0025, Local Government Code as
follows: 

     Sec. 240.0025.  New heading:  REGULATION.  Authorizes the
     county commissioners court to prohibit or regulate the keeping
     of a dangerous wild animal.  Deletes a provision specifying a
     county population necessary for the court to make a
     regulation.  Defines "wild animal."

SECTION 3.  Repealer:  Chapter 12G, Parks and Wildlife Code
(Regulation of Possession of Wild Animals).

SECTION 4.  Makes application of this Act prospective.

SECTION 5.  Effective date:  This Act takes effect September 1,
1995, except that Section 3 takes effect September 1, 1997.

SECTION 6.  Emergency clause.


COMPARISON OF ORIGINAL TO SUBSTITUTE

The original bill related to controlled hunting of, certain uses
of, and possession of certain dangerous wild animals.  The
substitute relates to the controlled killing of or attempting to
injure, certain uses of, and possession of certain dangerous wild
animals.  

The substitute deletes language that further defines captivity, as
well as deleting the definition and reference of a cougar.  In
addition, the substitute deletes the original Section 62.104, which
addressed the prohibited use of dangerous wild animals to train or
test dogs.  In Section 240.0025, in populous counties (with a
population of 2.4 million or more) was deleted.  In this same
Section the meaning of wild animal has changed by adding 5 animals. 


The substitute provides that the repeal of Chapter 12G, Parks and
Wildlife Code, takes effect September 1, 1997.


SUMMARY OF COMMITTEE ACTION

H.B. 239 was considered by the Committee on State Recreational
Resources in a public hearing on March 8, 1995.  The Committee
considered a complete substitute for the bill. 

The following persons testified on the bill:
     Charles Hensley, representing Texas Parks and Wildlife
Department;
     David Sinclair, representing Texas Parks and Wildlife
Department; and
     John Herron, representing Texas Parks and Wildlife Department.

The substitute was adopted without objection.  The bill was
reported favorably as substituted, with the recommendation that it
do pass and be printed, by a record vote of 7 ayes, 1 nay, 0 pnv,
and 1 absent.

The Committee met in a public hearing on March 15, 1995.  The vote
by which H.B. 239 was reported favorably, as substituted, was
reconsidered without objection.  The vote by which the committee
substitute was adopted was reconsidered without objection.  The
committee substitute was withdrawn.  The Committee considered a
complete substitute for the bill.  

The following person testified against the bill:
     Ellis Gilleland representing himself.

The substitute was adopted without objection.  The bill was
reported favorably as substituted with the recommendation that it
do pass and be printed, by a record vote of 6 ayes, 2 nays, 0 pnv,
and 1 absent.