Amend CSSB 1235 by striking all below the enacting clause and
substituting in lieu thereof the following:
SECTION 1. Chapter 822, Health and Safety Code, is amended
by adding Subchapter E to read as follows:
SUBCHAPTER E. DANGEROUS WILD ANIMALS
Sec. 822.051. DEFINITIONS. In this subchapter:
(1) "Animal control authority" means a municipal or
county animal control office with authority over the area where a
dangerous wild animal is kept or a county sheriff in an area with
no animal control office.
(2) "Commercial activity" means conducting any
activity that is not inherent to the dangerous wild animal's
nature; allowing free-roaming public access to the animal's
confinement facilities or the grounds on which the animal is kept;
utilizing the animal for entertainment or exhibition; or selling,
trading, bartering, auctioning, or donating the animal's body
parts.
(3) "Dangerous wild animals" means:
(A) lions;
(B) tigers;
(C) ocelots;
(D) cougars;
(E) leopards;
(F) cheetahs;
(G) jaguars;
(H) hyenas;
(I) bears;
(J) wolves;
(K) hybrids of a lion and tiger;
(L) elephants;
(M) bobcats;
(N) coyotes;
(O) wolverines; and
(P) great apes.
(4) "Owner" means a person who owns, possesses, has
custody or control of, or harbors a dangerous wild animal.
(5) "Wildlife sanctuary" means a nonprofit
organization exempt from federal taxation pursuant to Section
501(c)(3), Internal Revenue Code of 1986 (26 U.S.C. Section
501(c)(3)), that operates a place of refuge where abused,
neglected, unwanted, impounded, abandoned, orphaned, or displaced
native and non-native wildlife are provided care for their lifetime
or released back to their natural habitats.
Sec. 822.052. OWNERSHIP PROHIBITED. (a) A person may not
own, possess, have custody or control of, or harbor a dangerous
wild animal for any purpose.
(b) This subchapter shall not apply to:
(1) a person possessing or having custody of an
injured, infirm, orphaned, or abandoned dangerous wild animal
solely for the purpose of transporting the animal for care or
treatment to a wildlife sanctuary, a licensed veterinarian, an
incorporated humane society or animal shelter, an organization
which is an accredited member of the American Zoo and Aquarium
Association, or a state, federal, or local government official with
authority or apparent authority to care for or treat the animal;
(2) a person who holds a permit issued pursuant to
Subchapter C, Chapter 43, Parks and Wildlife Code, authorizing the
person to possess the dangerous wild animal for rehabilitation
purposes; a licensed veterinarian; or an incorporated humane
society or animal shelter while such person is rehabilitating,
treating, or caring for an injured or infirm dangerous wild animal;
(3) a "research facility" within the meaning of
Section 2(e) of the federal Animal Welfare Act (7 U.S.C. Section
2132), licensed by the secretary of agriculture of the United
States pursuant to that Act;
(4) an animal control authority and any agent or
official of the authority acting in his or her official capacity;
(5) an agency of the state or the United States or any
agent or official of the agency acting in his or her official
capacity;
(6) an organization which is an accredited member of
the American Zoo and Aquarium Association;
(7) a wildlife sanctuary provided it complies with
Sections 822.053(a)(2) through (8);
(8) a dangerous wild animal owned by and in the
possession, custody, and control of a transient circus company and
used as an integral part of its circus performances, provided the
animal is kept within this state only during the time the circus is
performing in this state and provided further the circus company
holds a valid Class "C" exhibitor's license issued by the secretary
of agriculture pursuant to the federal Animal Welfare Act (7 U.S.C.
Section 2131 et seq.);
(9) a dangerous wild animal owned by and in the
possession, custody, and control of a college or university solely
as a mascot for the college or university;
(10) a dangerous wild animal which is a member of a
"threatened" or "endangered" species within the meaning of Section
3 of the federal Endangered Species Act (16 U.S.C. Section 1532)
owned by, or in the possession, control, or custody of a person
that is a participant in a Species Survival Plan of the American
Zoo and Aquarium Association for that species;
(11) a nonhuman primate owned by and in the
possession, control, and custody of a person whose only business is
supplying nonhuman primates directly and exclusively to biomedical
research facilities and which person holds a Class "A" or "B"
dealer's license issued by the secretary of agriculture pursuant to
the federal Animal Welfare Act (7 U.S.C. Section 2131, et seq.);
(12) a dangerous wild animal in the temporary
possession, custody, or control of a television or motion picture
production company during the filming of a television or motion
picture production in which the animal is an integral part;
(13) a dangerous wild animal while being transported
by a "carrier" within the meaning of Section 2(j) or exhibitor
within the meaning of Section 2(h) of the federal Animal Welfare
Act (7 U.S.C. Sections 2132 (j) and (h)) licensed by or registered
with the secretary of agriculture pursuant to that Act; and
(14) an "exhibitor" within the meaning of Section 2(h)
of the federal Animal Welfare Act (7 U.S.C. Section 2132(h)) who
holds a Class "C" exhibitor's license issued by the secretary of
agriculture pursuant to that Act, provided the exhibitor
additionally:
(A) complies with all requirements of Section
822.053(a)(1) with respect to each dangerous wild animal owned at
the time this subchapter becomes effective;
(B) within 30 days after the exhibitor becomes
the owner of any dangerous wild animal not owned by the exhibitor
at the time this subchapter becomes effective, the exhibitor
obtains a permit for that animal from the animal control authority
identical to the permit referred to in Section 822.053(a)(1) and
renews the permit on an annual basis;
(C) complies with all requirements of Sections
822.053(a)(4) through (8);
(D) does not sell, trade, barter, or auction the
dangerous wild animal's body parts; and
(E) does not allow his Class "C" exhibitor's
license to expire, be suspended, or be revoked.
Sec. 822.053. EXISTING ANIMALS. (a) Section 822.052 shall
not apply to a dangerous wild animal owned at the time this
subchapter becomes effective if its owner meets the following
requirements:
(1) within 90 days of the effective date of this
subchapter, the owner obtains a permit for each dangerous wild
animal owned from the animal control authority and renews the
permit on an annual basis;
(2) the owner does not breed or allow the breeding of
the animal;
(3) the owner does not engage in any commercial
activity with respect to the animal;
(4) the owner does not sell or transfer ownership of
the animal or surrender possession, custody, or control of the
animal to any person other than persons listed in Section
822.052(b);
(5) the owner allows, at reasonable times, animal
control authorities and any peace officer with jurisdiction to
inspect the animal, the confinement facilities for the animal, and
owner's records relating to the animal to ensure compliance with
this subchapter;
(6) the owner maintains liability insurance coverage
in an amount of at least $250,000 to cover damages resulting from
an attack by an animal causing death or bodily injury to a person;
(7) before the owner moves the animal to a new
location, the owner notifies the animal control authorities for the
area from which and to which the animal is moved of the animal's
new location; and
(8) the owner keeps the animal properly confined in
facilities meeting the requirements of Section 822.054.
(b) Any person required to obtain a dangerous wild animal
permit pursuant to this section shall apply for the permit on an
application form provided by the animal control authority.
(c) The applicant shall complete the application with the
following information before the application will be considered by
the animal control authority:
(1) the name, address, and telephone number of the
applicant;
(2) a complete identification of the animal, including
species, sex, and age, if known, and any distinguishing marks or
coloration which would aid in the identification of the animal; and
(3) a statement that the applicant has read this
subchapter and that all confinement facilities used by the
applicant to confine or enclose the animal comply with the
requirements of Section 822.054.
(d) The applicant shall file the completed application with
the animal control authority along with the following items:
(1) an application fee of $35 for each permit; and
(2) proof of liability insurance, as required by
Subsection (a)(6).
Sec. 822.054. REQUIREMENTS FOR CONFINEMENT FACILITIES.
(a) For purposes of Section 822.053(a)(8), a cage or other
confinement facility which confines or encloses a dangerous wild
animal shall meet the following specifications:
(1) cages or other confinement facilities confining or
enclosing lions, tigers, hybrids of a lion and tiger, jaguars, or
bears shall be constructed with not less than nine-gauge chain link
or its strength and design equivalent;
(2) cages or other confinement facilities confining or
enclosing leopards, cougars, ocelots, cheetahs, hyenas, bobcats,
wolves, wolverines, or coyotes shall be constructed with not less
than 11-1/2 gauge chain link or its strength and design equivalent;
(3) cages or other confinement facilities confining or
enclosing chimpanzees, orangutans, or gorillas shall be constructed
of steel bars, two-inch galvanized pipe, masonry block, or their
strength equivalent;
(4) cages or other confinement facilities confining or
enclosing elephants shall be constructed of steel bars, masonry
block, or their strength equivalent;
(5) all cages or other confinement facilities for an
animal constructed of chain link or its strength and design
equivalent shall be well braced and securely anchored at ground
level and shall utilize metal corners, clamps, ties, and braces of
equivalent strength to other materials prescribed for cage
construction for that species;
(6) all cages or other confinement facilities shall be
equipped with safety barriers which adequately prevent any physical
contact with the animal by unauthorized persons;
(7) all cages or other confinement facilities shall be
equipped with a lock and a locking mechanism to prevent opening by
unauthorized persons; and
(8) all cages or other confinement facilities shall be
designed and constructed to prevent the escape of the animal.
(b) Any condition which results in the escape of an animal
from the cage or confinement facility in which the animal is
confined or enclosed or which results in injury to any person shall
be considered a violation of this section.
Sec. 822.055. PENALTY. (a) A person who violates Section
822.052 commits an offense. There shall be a separate offense for
each animal involved.
(b) An offense under this section is a Class C misdemeanor.
(c) In addition to criminal prosecution, a person who
commits an offense under this section is liable for a civil penalty
not to exceed $1,000 for each day of the violation. An attorney
having civil jurisdiction in the county or an attorney for a
municipality where the offense occurred may file suit in a court of
competent jurisdiction to collect the penalty and any amounts due
pursuant to Subsection (d). Penalties collected under this
subsection shall be retained by the county or municipality.
(d) If requested by the animal control authority, the owner
shall surrender possession of the animal to the animal control
authority, or its designated agent, pending the resolution of any
alleged violation of this subchapter by the owner with respect to
the animal, and the owner shall pay all costs of care and feeding
of the animal incurred by the animal control agency, or its
designated agent, pending the resolution if the owner is found to
have violated Section 822.052.
(e) If a person is found guilty of an offense under this
section, the court shall order the forfeiture of the animal
involved in the offense to the animal control authority or its
designated agent.
(f) If a person otherwise complies with all applicable
provisions of this subchapter, it is an exception to the
application of this section that the owner of the animal made
proper and timely application in accordance with the requirements
of Sections 822.053(a)(1), (b), (c), and (d), and the animal
control authority to which the person made application failed or
refused to issue a permit.
Sec. 822.056. OTHER REQUIREMENTS. Nothing in this
subchapter relieves a person of the obligations of complying with
the requirements of:
(1) Subchapter C, Chapter 43, and Chapters 67 and 68,
Parks and Wildlife Code, or the regulations promulgated under those
laws;
(2) Subchapter A, Chapter 240, Local Government Code,
or any orders adopted pursuant to that subchapter; and
(3) any other law, regulation, rule, order, ordinance,
or other legal requirement of the state or any political
subdivision of the state.
SECTION 2. This Act takes effect September 1, 1997.
SECTION 3. The importance of this legislation and the
crowded condition of the calendars in both houses create an
emergency and an imperative public necessity that the
constitutional rule requiring bills to be read on three several
days in each house be suspended, and this rule is hereby
suspended.