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.