Bill not drafted by TLC or Senate E&E.
Line and page numbers may not match official copy.
By Goodman H.B. No. 1828
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the keeping of dangerous wild animals; providing
1-3 penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Amend Chapter 822, Health and Safety Code, by
1-6 adding a new Subchapter E to read as follows:
1-7 SUBCHAPTER E. DANGEROUS WILD ANIMALS.
1-8 Sec. 822.051. DEFINITIONS. In this subchapter:
1-9 (a) "Animal control authority" means a municipal or county
1-10 animal control office with authority over the area where the
1-11 dangerous wild animal is kept or a county sheriff in an area with
1-12 no animal control office.
1-13 (b) "Commercial activity" means conducting any activity that
1-14 is not inherent to the dangerous wild animal's nature; allowing
1-15 free roaming public access to the animal's confinement facilities
1-16 or the grounds upon which the animal is kept; utilizing the animal
1-17 for entertainment or exhibition; or selling, trading, bartering,
1-18 auctioning, or donating the animal's body parts.
1-19 (c) "Dangerous wild animals" means:
1-20 (1) lions;
1-21 (2) tigers;
1-22 (3) ocelots;
1-23 (4) cougars;
1-24 (5) leopards;
2-1 (6) cheetahs;
2-2 (7) jaguars;
2-3 (8) hyenas;
2-4 (9) bears;
2-5 (10) lesser pandas;
2-6 (11) binturongs;
2-7 (12) wolves;
2-8 (13) hybrids of a lion and tiger;
2-9 (14) elephants;
2-10 (15) rhinoceroses;
2-11 (16) bobcats;
2-12 (17) coyotes;
2-13 (18) jackals;
2-14 (19) wolverines; and
2-15 (20) non-human primates.
2-16 (d) "Owner" means a person who owns, possesses, or has
2-17 custody or control of, or harbors the dangerous wild animal.
2-18 Sec. 822.052. OWNERSHIP PROHIBITED. (a) A person may not
2-19 own, possess, have custody or control of, or harbor a dangerous
2-20 wild animal for any purpose.
2-21 (b) This section shall not apply to:
2-22 (1) a person possessing or having custody of an
2-23 injured, infirm, orphaned or abandoned dangerous wild animal solely
2-24 for the purpose of transporting the animal for care or treatment to
2-25 a licensed veterinarian, incorporated humane society or animal
2-26 shelter, an organization which is an accredited member of the
2-27 American Association of Zoological Parks and Aquariums or The
2-28 Association of Sanctuaries, Inc., or a state, federal, or local
2-29 government official with authority or apparent authority to care
2-30 for or treat the animal;
3-1 (2) a person who holds a permit issued pursuant to
3-2 Subchapter C, Chapter 43, Parks and Wildlife Code, authorizing the
3-3 person to possess the dangerous wild animal for rehabilitation
3-4 purposes; a licensed veterinarian; an incorporated humane society
3-5 or an animal shelter while rehabilitating, treating or caring for
3-6 an injured, infirm, orphaned or abandoned dangerous wild animal,
3-7 provided that such person notifies the applicable animal control
3-8 authority within forty-eight hours of obtaining custody of the
3-9 animal;
3-10 (3) a "research facility" within the meaning of
3-11 Section 2(e) of the federal Animal Welfare Act (7 U.S.C. Section
3-12 2132(e)), licensed by the Secretary of Agriculture of the United
3-13 States pursuant to that act;
3-14 (4) an animal control authority and any agent or
3-15 official of the authority acting in his or her official capacity;
3-16 (5) an agency of the State of Texas or the United
3-17 States or any agent or official of the agency acting in his or her
3-18 official capacity;
3-19 (6) an organization which is an accredited member of
3-20 the American Association of Zoological Parks and Aquariums or The
3-21 Association of Sanctuaries, Inc.;
3-22 (7) a dangerous wild animal owned by and in the
3-23 possession, custody and control of a transient circus company and
3-24 used as an integral part of its circus performances, provided the
3-25 animal is kept within this State only during the time the circus is
3-26 performing in this State;
3-27 (8) a dangerous wild animal owned by and in
3-28 possession, custody and control of a college or university solely
3-29 as a mascot for the college or university, provided the college or
3-30 university complies with Sections 822.053(a)(1), (2) and (4)
4-1 through (8); and
4-2 (9) a dangerous wild animal which is a member of a
4-3 "threatened" or "endangered" species within the meaning of Section
4-4 3 of the federal Endangered Species Act (16 U.S.C. Section 1532),
4-5 owned by and in the possession, control and custody of a non-profit
4-6 organization exempt from federal taxation pursuant to Section
4-7 501(c)(3) of the Internal Revenue Code solely for the purpose of
4-8 enhancing its species by significantly adding to the overall
4-9 welfare, health and well being of its species through controlled
4-10 breeding in accordance with the Species Survival Plan of the
4-11 Association of American Zoological Parks and Aquariums, provided
4-12 such organization complies with Sections 822.053(a)(1) and (3)
4-13 through (8).
4-14 Sec. 822.053. EXISTING ANIMALS. (a) Section 822.052 shall
4-15 not apply to a dangerous wild animal owned at the time this
4-16 subchapter becomes effective if its owner meets the following
4-17 requirements:
4-18 (1) within 90 days of the effective date of this
4-19 subchapter, the owner obtains a permit for each dangerous wild
4-20 animal owned from the animal control authority and renews the
4-21 permit on an annual basis;
4-22 (2) the owner does not breed or allow the breeding of
4-23 the animal;
4-24 (3) the owner does not engage in any commercial
4-25 activity with respect to the animal;
4-26 (4) the owner does not sell or transfer ownership of
4-27 the animal or surrender possession, custody, or control of the
4-28 animal to any person other than those listed in Section 822.052(b);
4-29 (5) the owner allows, at reasonable times and without
4-30 a search warrant, animal control authorities and any peace officer
5-1 with jurisdiction to inspect the animal, the confinement facilities
5-2 for the animal and the owner's records relating to the animal, to
5-3 ensure compliance with this subchapter;
5-4 (6) the owner maintains liability insurance coverage
5-5 in an amount of at least $250,000 to cover damages resulting from
5-6 an attack by the animal causing death or bodily injury to a person;
5-7 (7) before the owner moves the animal to a new
5-8 location, the owner notifies the animal control authorities for the
5-9 area from which and to which the animal is moved of the animal's
5-10 new location; and
5-11 (8) the owner keeps the animal confined at all times
5-12 in facilities meeting the requirements of Section 822.054 and in
5-13 accordance with the guidelines of the United States Department of
5-14 Agriculture adopted pursuant to the federal Animal Welfare Act (7
5-15 U.S.C. Section 2131, et seq.).
5-16 (b) Any person required to obtain a dangerous wild animal
5-17 permit pursuant to this section shall apply for the permit on an
5-18 application form provided by the animal control authority which
5-19 application form shall contain a pre-printed animal identification
5-20 number.
5-21 (c) The applicant shall complete the application with the
5-22 following information before the application will be considered by
5-23 the animal control authority:
5-24 (1) name, address, and telephone number of the
5-25 applicant;
5-26 (2) a complete identification of the animal, including
5-27 species, sex, and age, if known, and any distinguishing marks or
5-28 coloration which would aid in the identification of the animal; and
5-29 (3) a statement that the applicant has read this
5-30 subchapter and that all confinement facilities used by the
6-1 applicant to confine or enclose the animal comply with the
6-2 requirements of Section 822.054.
6-3 (d) The applicant shall file the completed application with
6-4 the animal control authority along with the following items:
6-5 (1) an application fee of $35 for each permit; and
6-6 (2) a certificate from a licensed veterinarian
6-7 verifying that the animal has been tattooed or microchipped with
6-8 the identification number shown on the application form and
6-9 specifying where the identification number can be found on the
6-10 animal;
6-11 (3) a certificate from a licensed veterinarian that
6-12 the confinement facilities proposed to confine or enclose the
6-13 dangerous wild animal are adequate to maintain the animal safely;
6-14 and
6-15 (4) proof of liability insurance, as required by
6-16 Section 822.053(a)(6).
6-17 Sec. 822.054. REQUIREMENTS FOR CONFINEMENT FACILITIES. (a)
6-18 For purposes of Section 822.053(a)(8), a cage or other confinement
6-19 facility which confines or encloses a dangerous wild animal shall
6-20 meet the following specifications:
6-21 (1) Cages or other confinement facilities confining or
6-22 enclosing lions, tigers, jaguars, bears, or lesser pandas shall be
6-23 constructed with not less than nine-guage chain link or equivalent;
6-24 (2) Cages or other confinement facilities confining or
6-25 enclosing leapords, cougars, ocelots, cheetahs, hyenas, bobcats,
6-26 wolves, coyotes, or binturongs shall be constructed with not less
6-27 than 11 1/2 guage chain link or equivalent;
6-28 (3) Cages or other confinement facilities confining or
6-29 enclosing apes, chimpanzees, orangutans, or gorillas shall be
6-30 constructed of steel bars, two-inch galvanized pipe, masonry block
7-1 or their strength equivalent;
7-2 (4) Cages or other confinement facilities confining or
7-3 enclosing other non-human primates shall be constructed of not less
7-4 than nine-guage chain link or equivalent or electric fencing;
7-5 (5) Cages or other confinement facilities confining or
7-6 enclosing rhinoceros or elephants shall be constructed of steel
7-7 bars, masonry block or equivalent;
7-8 (6) All cages or other confinement facilities for an
7-9 animal constructed of chain link shall be well braced and securely
7-10 anchored at ground level and shall utilize metal corners, clamps,
7-11 ties and braces of equivalent strength to other materials
7-12 prescribed for cage construction for that species;
7-13 (7) All cages or other confinement facilities shall be
7-14 equipped with safety barriers which adequately prevent any physical
7-15 contact with the animal by unauthorized persons;
7-16 (8) All cages or other confinement facilities shall be
7-17 equipped with a lock and a locking mechanism to prevent opening by
7-18 unauthorized persons; and
7-19 (9) All cages or other confinement facilities shall be
7-20 designed and constructed to prevent the escape of the animal.
7-21 (b) Any condition which results in the escape of an animal
7-22 from the cage or confinement facility in which the animal is
7-23 confined or enclosed or which results in injury to any person shall
7-24 be considered a violation of this section.
7-25 Sec. 822.055. PENALTY. (a) A person who violates Section
7-26 822.052 commits an offense. There shall be a separate offense for
7-27 each animal involved.
7-28 (b) An offense under this section is a Class C misdemeanor.
7-29 (c) In addition to criminal prosecution, a person who
7-30 commits an offense under this section is liable for a civil penalty
8-1 not to exceed $1,000 for each day of the violation. An attorney
8-2 having civil jurisdiction in the county or an attorney for a
8-3 municipality where the offense occurred may file suit in a court of
8-4 competent jurisdiction to collect the penalty and any amounts due
8-5 pursuant to Section 822.055(d). Penalties collected under this
8-6 subsection shall be retained by the county or municipality.
8-7 (d) If requested by the animal control authority, the owner
8-8 shall surrender possession of the animal to the animal control
8-9 authority, or its designated agent, pending the resolution of any
8-10 alleged violation of this subchapter by the owner with respect to
8-11 the animal and the owner shall pay all costs of care and feeding of
8-12 the animal incurred by the animal control agency, or its designated
8-13 agent, pending the resolution if the owner is found to have
8-14 violated Section 822.052.
8-15 (e) If a person is found guilty of an offense under this
8-16 section, the court shall order the forfeiture of the animal
8-17 involved in the offense to the animal control authority or its
8-18 designated agent.
8-19 Sec. 822.056. OTHER REQUIREMENTS. Nothing in this
8-20 subchapter relieves a person of the obligations of complying with
8-21 the requirements of:
8-22 (a) Subchapter C, Chapter 43, Chapter 67 and Chapter 68,
8-23 Parks and Wildlife Code, or the regulations promulgated under those
8-24 laws;
8-25 (b) Subchapter A, Chapter 240, Local Government Code or any
8-26 orders adopted pursuant to that subchapter; and
8-27 (c) any other law, regulation, rule, order, ordinance or
8-28 other legal requirement of the State of Texas or any political
8-29 subdivision of the State of Texas.
8-30 SECTION 2. This Act takes effect September 1, 1997.
9-1 SECTION 3. The importance of this legislation and the
9-2 crowded condition of the calendars in both houses create an
9-3 emergency and an imperative public necessity that the
9-4 constitutional rule requiring bills to be read on three several
9-5 days in each house be suspended, and this rule is hereby suspended.