By Goodman, Combs, Averitt, et al. H.B. No. 239
Substitute the following for H.B. No. 239:
By Hightower C.S.H.B. No. 239
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to controlled killing of, or attempting to injure, certain
1-3 uses of, and possession of certain dangerous wild animals;
1-4 providing a criminal penalty.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Chapter 62, Parks and Wildlife Code, is amended
1-7 by adding Subchapter F to read as follows:
1-8 SUBCHAPTER F. UNLAWFUL CONTROLLED KILLING OF OR ATTEMPTING TO
1-9 INJURE DANGEROUS WILD ANIMALS
1-10 Sec. 62.101. DEFINITIONS. In this subchapter:
1-11 (1) "Captivity" means the state of being held under
1-12 control, kept caged or penned, or confined.
1-13 (2) "Dangerous wild animal" means a lion, tiger,
1-14 leopard, cheetah, hyena, bear, elephant, wolf or rhinoceros and
1-15 includes any species, subspecies, or hybrid of any of those
1-16 animals.
1-17 (3) "Hybrid" means an offspring of two animals of
1-18 different breeds, species, or genera.
1-19 (4) "Lion" means African and Asiatic lion.
1-20 (5) "Sanctuary" means a place of refuge where abused,
1-21 neglected, unwanted, impounded, abandoned, orphaned, or displaced
1-22 dangerous wild animals are provided care for their lifetime or
1-23 until released back to their natural habitat.
1-24 Sec. 62.102. CONTROLLED KILLING OF OR ATTEMPTING TO INJURE
2-1 DANGEROUS WILD ANIMAL PROHIBITED. No person may:
2-2 (1) kill or attempt to injure a dangerous wild animal
2-3 that is:
2-4 (A) in captivity in this state; or
2-5 (B) released from captivity in this state for
2-6 the purpose of being killed; or
2-7 (2) conduct, promote, assist, or advertise an activity
2-8 prohibited by Subdivision (1).
2-9 Sec. 62.103. UNLAWFUL CONTROLLED KILLING: CERTAIN
2-10 COMMERCIAL ACTIVITY PROHIBITED. No person may:
2-11 (1) sell or offer for sale, or transport or consign
2-12 for transportation in this state, including interstate commerce in
2-13 this state, a dangerous wild animal that is to be used for
2-14 controlled killing prohibited by Sec. 62.102(1); or
2-15 (2) sell or offer for sale a part of, or a product
2-16 made from, a dangerous wild animal that is used in a controlled
2-17 kill prohibited by Sec. 62.102(1).
2-18 Sec. 62.104. SEIZURE OF DANGEROUS WILD ANIMAL OR CARCASS,
2-19 HIDE, PART OR PRODUCT. (a) A peace officer may seize a live
2-20 dangerous wild animal or a carcass, hide, part of, or product made
2-21 from a dangerous wild animal if the officer has probable cause to
2-22 believe that the live animal, carcass, hide, part, or product
2-23 possessed by a person was killed, wounded or injured in, or
2-24 obtained as a result of, a controlled kill prohibited by Sec.
2-25 62.102(1).
2-26 (b) The commission shall adopt rules for the final
2-27 disposition of a carcass, hide, part, product, or live animal
3-1 seized under this section.
3-2 (c) The department, a game warden, or other department
3-3 employee authorized to act under this section is immune from
3-4 criminal or civil liability and from prosecution or civil suit for
3-5 a seizure conducted under this section or rules adopted under this
3-6 section.
3-7 Sec. 62.105. AUTHORITY OF LOCAL GOVERNMENT. This subchapter
3-8 does not restrict the authority of a local government to regulate
3-9 the possession of a dangerous wild animal if the regulation does
3-10 not conflict with this subchapter.
3-11 Sec. 62.106. EXCEPTIONS. (a) This subchapter does not
3-12 apply to a peace officer or other employee of a municipality,
3-13 county, or this state, or a person acting at the direction of such
3-14 an officer or employee, who, while acting in an official capacity
3-15 or at the direction of such an officer or employee acting in an
3-16 official capacity, injures or kills a dangerous wild animal that
3-17 the officer or employee reasonably believes to present, under the
3-18 circumstances, the possibility of danger to the public. A person
3-19 described by this section is immune from criminal or civil
3-20 liability and from prosecution or civil suit for causing injury or
3-21 death to the animal.
3-22 (b) This subchapter does not apply to a licensed
3-23 veterinarian or employee of a sanctuary exempt from federal
3-24 taxation under Section 501(c)(3) of the Internal Revenue Code or of
3-25 a facility accredited by the Association of Zoos and Aquariums,
3-26 who, while acting in such employment, humanely euthanizes a
3-27 dangerous wild animal to eliminate the suffering of that animal due
4-1 to illness or injury. A person described by this section is immune
4-2 from criminal or civil liability and from prosecution or civil suit
4-3 for causing injury or death to the animal.
4-4 Sec. 62.107. CRIMINAL PENALTY. A person who violates this
4-5 subchapter commits an offense that is a Class A Parks and Wildlife
4-6 Code misdemeanor, unless it is shown at the trial of the defendant
4-7 for a violation of this subchapter that the defendant has been
4-8 convicted one or more times before the trial date of a violation of
4-9 this subchapter, in which case the offense is a Parks and Wildlife
4-10 Code felony.
4-11 SECTION 2. Section 240.0025, Local Government Code, is
4-12 amended to to read as follows:
4-13 Sec. 240.0025. REGULATION <IN POPULOUS COUNTIES>. (a) The
4-14 commissioners court of a county <with a population of 2.4 million
4-15 or more> by order may prohibit or regulate the keeping of a wild
4-16 animal in the county.
4-17 (b) The order does not apply:
4-18 (1) inside the limits of a municipality; or
4-19 (2) to an exhibitor licensed under the Animal Welfare
4-20 Act (7 U.S.C. Section 2131 et. seq.).
4-21 (c) In this section, "wild animal" means a lion, tiger,
4-22 ocelot, cougar, leopard, cheetah, jaguar, hyena, bear, lesser
4-23 panda, binturong, wolf, ape, elephant, and rhinoceros <has the
4-24 meaning assigned by Section 12.601, Parks and Wildlife Code>.
4-25 SECTION 3. Subchapter G, Chapter 12, Parks and Wildlife
4-26 Code, is repealed
4-27 SECTION 4. (a) The change in law made by this Act applies
5-1 only to an offense committed on or after the effective date of this
5-2 Act. For purposes of this section, an offense is committed before
5-3 the effective date of this Act if any element of the offense occurs
5-4 before that date.
5-5 (b) An offense committed before the effective date of this
5-6 Act is covered by the law in effect on the date the offense is
5-7 committed, and the former law is continued in effect for that
5-8 purpose.
5-9 SECTION 5. This Act takes effect September 1, 1995, except
5-10 that Section 3 takes effect September 1, 1997.
5-11 SECTION 6. The importance of this legislation and the
5-12 crowded condition of the calendars in both houses create an
5-13 emergency and an imperative public necessity that the
5-14 constitutional rule requiring bills to be read on three several
5-15 days in each house be suspended, and this rule is hereby suspended.