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.