BILL ANALYSIS



S.B. 97
By: Moncrief (Goodman)
April 3, 1995
Committee Report (Unamended)


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, S.B. 97 prohibits the hunting and certain commercial
activities surrounding the hunt of 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) and (c), 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 or a carcass, 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 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
     acting in an official capacity who injures or kills a
     dangerous wild animal that the officer or employee reasonably
     believes presents 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 employee of certain tax-exempt
       sanctuaries or a facility accredited by the Association of
       Zoos and Aquariums who, in an official capacity, 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 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 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:  September 1, 1995.

SECTION 6. Emergency clause.


SUMMARY OF COMMITTEE ACTION

S.B. 97 was considered in a formal meeting on April 3, 1995.

The bill was reported favorably without amendment, with the
recommendation that it do pass and be printed, by a record vote of
5 ayes, 1 nay, 0 pnv, 3 absent.