By Moncrief                                             S.B. No. 97
       74R2196 MI-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to controlled hunting of, certain uses of, and possession
    1-3  of certain dangerous wild animals; providing a criminal penalty.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Chapter 62, Parks and Wildlife Code, is amended
    1-6  by adding Subchapter F to read as follows:
    1-7             SUBCHAPTER F.  UNLAWFUL CONTROLLED HUNTING OF
    1-8                        DANGEROUS WILD ANIMALS
    1-9        Sec. 62.101.  DEFINITIONS.   In this subchapter:
   1-10              (1)  "Captivity" means the state of being held under
   1-11  control, kept caged or penned, or confined:
   1-12                    (A)  on property having a fence constructed to
   1-13  prevent an animal from ranging free and unrestrained; or
   1-14                    (B)  in a building.
   1-15              (2)  "Cougar" includes panther, puma, and mountain
   1-16  lion.
   1-17              (3)  "Dangerous wild animal" means a lion, tiger,
   1-18  leopard, cheetah, hyena, bear, elephant, rhinoceros, wolf, or
   1-19  cougar and includes any species, subspecies, or hybrid of any of
   1-20  those animals.
   1-21              (4)  "Hybrid" means an offspring of two animals of
   1-22  different breeds, species, or genera.
   1-23              (5)  "Lion" includes African and Asiatic lion.
   1-24        Sec. 62.102.  CONTROLLED HUNTING OF DANGEROUS WILD ANIMAL
    2-1  PROHIBITED.   No person may:
    2-2              (1)  hunt  a dangerous wild animal that is:
    2-3                    (A)  in captivity in this state; or
    2-4                    (B)  released from captivity in this state for
    2-5  the purpose of being hunted; or
    2-6              (2)  conduct, promote, assist, or advertise an activity
    2-7  prohibited by Subdivision (1).
    2-8        Sec. 62.103.  UNLAWFUL CONTROLLED HUNTING:  CERTAIN
    2-9  COMMERCIAL ACTIVITY PROHIBITED.  No person may:
   2-10              (1)  sell or offer for sale, or transport or consign
   2-11  for transportation in this state, including interstate commerce in
   2-12  this state, a dangerous wild animal that is to be used for
   2-13  controlled hunting prohibited by Section 62.102(1); or
   2-14              (2)  sell or offer for sale a part of, or a product
   2-15  made from, a dangerous wild animal that is used in a controlled
   2-16  hunt prohibited by Section 62.102(1).
   2-17        Sec. 62.104.  USE OF DANGEROUS WILD ANIMAL TO TRAIN OR TEST
   2-18  DOGS PROHIBITED.   No person may use a dangerous wild animal to:
   2-19              (1)  train or entice a dog to pursue or capture the
   2-20  animal; or
   2-21              (2)  lay a scent trail for a dog to course in a trial
   2-22  or competition of dogs.
   2-23        Sec. 62.105.  SEIZURE OF DANGEROUS WILD ANIMAL OR CARCASS,
   2-24  HIDE, PART, OR PRODUCT.   (a)  A peace officer may seize a live
   2-25  dangerous wild animal or a carcass, hide, part of, or product made
   2-26  from a dangerous wild animal if the officer has probable cause to
   2-27  believe that the live animal, carcass, hide, part, or product
    3-1  possessed by a person was hunted or killed in, or obtained as a
    3-2  result of, a controlled hunt prohibited by Section 62.102(1).
    3-3        (b)  The commission shall adopt rules for the final
    3-4  disposition of a carcass, hide, part, product, or live animal
    3-5  seized under this section.
    3-6        (c)  The department, a game warden, or other department
    3-7  employee authorized to act under this section is immune from
    3-8  criminal or civil liability and from prosecution or civil suit for
    3-9  a seizure conducted under this section or rules adopted under this
   3-10  section.
   3-11        Sec. 62.106.  AUTHORITY OF LOCAL GOVERNMENT.   This
   3-12  subchapter does not restrict the authority of a local government to
   3-13  regulate the possession of a dangerous wild animal if the
   3-14  regulation does not conflict with this subchapter.
   3-15        Sec. 62.107.  EXCEPTION.   This subchapter does not apply to
   3-16  a peace officer or other employee of a municipality, county, or
   3-17  this state who, while acting in an official capacity, injures or
   3-18  kills a dangerous wild animal that the officer or employee
   3-19  reasonably believes to present, under the circumstances, the
   3-20  possibility of  danger to the public.  A person described by this
   3-21  section is immune from criminal or civil liability and from
   3-22  prosecution or civil suit for causing injury or death to the
   3-23  animal.
   3-24        Sec. 62.108.  CRIMINAL PENALTY.   A person who violates this
   3-25  subchapter commits an offense that is a Class A Parks and Wildlife
   3-26  Code misdemeanor, unless it is shown at the trial of the defendant
   3-27  for a violation of this subchapter that the defendant has been
    4-1  convicted one or more times before the trial date of a violation of
    4-2  this subchapter, in which case the offense is a Parks and Wildlife
    4-3  Code felony.
    4-4        SECTION 2.  Subchapter A, Chapter 240, Local Government Code,
    4-5  is amended to read as follows:
    4-6                SUBCHAPTER A.  REGULATION OF KEEPING OF
    4-7                        DANGEROUS WILD ANIMALS
    4-8        Sec. 240.0025.  REGULATION IN POPULOUS COUNTIES.  (a)  The
    4-9  commissioners court of a county with a population of 2.4 million or
   4-10  more by order may prohibit or regulate the keeping of a dangerous
   4-11  wild animal in the county.
   4-12        (b)  The order does not apply:
   4-13              (1)  inside the limits of a municipality; or
   4-14              (2)  to an exhibitor licensed under the Animal Welfare
   4-15  Act (7 U.S.C.  Section 2131 et seq.).
   4-16        (c)  In this section, "dangerous wild animal" has the meaning
   4-17  assigned by Section 62.101 <12.601>, Parks and Wildlife Code.
   4-18        SECTION 3.  Subchapter G, Chapter 12, Parks and Wildlife
   4-19  Code, is repealed.
   4-20        SECTION 4.  (a)  The change in law made by this Act applies
   4-21  only to an offense committed on or after the effective date of this
   4-22  Act.  For purposes of this section, an offense is committed before
   4-23  the effective date of this Act if any element of the offense occurs
   4-24  before that date.
   4-25        (b)  An offense committed before the effective date of this
   4-26  Act is covered by the law in effect on the date the offense is
   4-27  committed, and the former law is continued in effect for that
    5-1  purpose.
    5-2        SECTION 5.  This Act takes effect September 1, 1995.
    5-3        SECTION 6.  The importance of this legislation and the
    5-4  crowded condition of the calendars in both houses create an
    5-5  emergency and an imperative public necessity that the
    5-6  constitutional rule requiring bills to be read on three several
    5-7  days in each house be suspended, and this rule is hereby suspended.