By: Moncrief S.B. No. 1235 A BILL TO BE ENTITLED AN ACT 1-1 relating to the keeping of dangerous wild animals; providing 1-2 penalties. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Chapter 822, Health and Safety Code, is amended 1-5 by adding Subchapter E to read as follows: 1-6 SUBCHAPTER E. DANGEROUS WILD ANIMALS 1-7 Sec. 822.051. DEFINITIONS. In this subchapter: 1-8 (1) "Animal control authority" means a municipal or 1-9 county animal control office with authority over the area where a 1-10 dangerous wild animal is kept or a county sheriff in an area with 1-11 no animal control office. 1-12 (2) "Commercial activity" means conducting any 1-13 activity that is not inherent to the dangerous wild animal's 1-14 nature; allowing free-roaming public access to the animal's 1-15 confinement facilities or the grounds on which the animal is kept; 1-16 utilizing the animal for entertainment or exhibition; or selling, 1-17 trading, bartering, auctioning, or donating the animal's body 1-18 parts. 1-19 (3) "Dangerous wild animals" means: 1-20 (A) lions; 1-21 (B) tigers; 1-22 (C) ocelots; 1-23 (D) cougars; 2-1 (E) leopards; 2-2 (F) cheetahs; 2-3 (G) jaguars; 2-4 (H) hyenas; 2-5 (I) bears; 2-6 (J) wolves; 2-7 (K) hybrids of a lion and tiger; 2-8 (L) elephants; 2-9 (M) bobcats; 2-10 (N) coyotes; 2-11 (O) wolverines; and 2-12 (P) great apes. 2-13 (4) "Owner" means a person who owns, possesses, has 2-14 custody or control of, or harbors a dangerous wild animal. 2-15 (5) "Wildlife sanctuary" means a nonprofit 2-16 organization exempt from federal taxation pursuant to Section 2-17 501(c)(3), Internal Revenue Code of 1986 (26 U.S.C. Section 2-18 501(c)(3)), that operates a place of refuge where abused, 2-19 neglected, unwanted, impounded, abandoned, orphaned, or displaced 2-20 native and non-native wildlife are provided care for their lifetime 2-21 or released back to their natural habitats. 2-22 Sec. 822.052. OWNERSHIP PROHIBITED. (a) A person may not 2-23 own, possess, have custody or control of, or harbor a dangerous 2-24 wild animal for any purpose. 2-25 (b) This subchapter shall not apply to: 3-1 (1) a person possessing or having custody of an 3-2 injured, infirm, orphaned, or abandoned dangerous wild animal 3-3 solely for the purpose of transporting the animal for care or 3-4 treatment to a wildlife sanctuary, a licensed veterinarian, an 3-5 incorporated humane society or animal shelter, an organization 3-6 which is an accredited member of the American Zoo and Aquarium 3-7 Association, or a state, federal, or local government official with 3-8 authority or apparent authority to care for or treat the animal; 3-9 (2) a person who holds a permit issued pursuant to 3-10 Subchapter C, Chapter 43, Parks and Wildlife Code, authorizing the 3-11 person to possess the dangerous wild animal for rehabilitation 3-12 purposes; a licensed veterinarian; or an incorporated humane 3-13 society or animal shelter while such person is rehabilitating, 3-14 treating, or caring for an injured or infirm dangerous wild animal; 3-15 (3) a "research facility" within the meaning of 3-16 Section 2(e) of the federal Animal Welfare Act (7 U.S.C. Section 3-17 2132), licensed by the secretary of agriculture of the United 3-18 States pursuant to that Act; 3-19 (4) an animal control authority and any agent or 3-20 official of the authority acting in his or her official capacity; 3-21 (5) an agency of the state or the United States or any 3-22 agent or official of the agency acting in his or her official 3-23 capacity; 3-24 (6) an organization which is an accredited member of 3-25 the American Zoo and Aquarium Association; 4-1 (7) a wildlife sanctuary provided it complies with 4-2 Sections 822.053(a)(2) through (8); 4-3 (8) a dangerous wild animal owned by and in the 4-4 possession, custody, and control of a transient circus company and 4-5 used as an integral part of its circus performances, provided the 4-6 animal is kept within this state only during the time the circus is 4-7 performing in this state and provided further the circus company 4-8 holds a valid Class "C" exhibitor's license issued by the secretary 4-9 of agriculture pursuant to the federal Animal Welfare Act (7 U.S.C. 4-10 Section 2131 et seq.); 4-11 (9) a dangerous wild animal owned by and in the 4-12 possession, custody, and control of a college or university solely 4-13 as a mascot for the college or university; 4-14 (10) a dangerous wild animal which is a member of a 4-15 "threatened" or "endangered" species within the meaning of Section 4-16 3 of the federal Endangered Species Act (16 U.S.C. Section 1532) 4-17 owned by, or in the possession, control, or custody of a person 4-18 that is a participant in a Species Survival Plan of the American 4-19 Zoo and Aquarium Association for that species; 4-20 (11) a nonhuman primate owned by and in the 4-21 possession, control, and custody of a person whose only business is 4-22 supplying nonhuman primates directly and exclusively to biomedical 4-23 research facilities and which person holds a Class "A" or "B" 4-24 dealer's license issued by the secretary of agriculture pursuant to 4-25 the federal Animal Welfare Act (7 U.S.C. Section 2131 et seq.); 5-1 (12) a dangerous wild animal in the temporary 5-2 possession, custody, or control of a television or motion picture 5-3 production company during the filming of a television or motion 5-4 picture production in which the animal is an integral part; 5-5 (13) a dangerous wild animal while being transported 5-6 by a "carrier" within the meaning of Section 2(j) or "exhibitor" 5-7 within the meaning of Section 2(h) of the federal Animal Welfare 5-8 Act (7 U.S.C. Sections 2132 (j) and (h)) licensed by or registered 5-9 with the secretary of agriculture pursuant to that Act; and 5-10 (14) an "exhibitor" within the meaning of Section 2(h) 5-11 of the federal Animal Welfare Act (7 U.S.C. Section 2132(h)) who 5-12 holds a Class "C" exhibitor's license issued by the secretary of 5-13 agriculture pursuant to that Act, provided the exhibitor 5-14 additionally: 5-15 (A) complies with all requirements of Section 5-16 822.053(a)(1) with respect to each dangerous wild animal owned at 5-17 the time this subchapter becomes effective; 5-18 (B) within 30 days after the exhibitor becomes 5-19 the owner of any dangerous wild animal not owned by the exhibitor 5-20 at the time this subchapter becomes effective, the exhibitor 5-21 obtains a permit for that animal from the animal control authority 5-22 identical to the permit referred to in Section 822.053(a)(1) and 5-23 renews the permit on an annual basis; 5-24 (C) complies with all requirements of Sections 5-25 822.053(a)(4) through (8); 6-1 (D) does not sell, trade, barter, or auction the 6-2 dangerous wild animal's body parts; and 6-3 (E) does not allow his Class "C" exhibitor's 6-4 license to expire, be suspended, or be revoked. 6-5 Sec. 822.053. EXISTING ANIMALS. (a) Section 822.052 shall 6-6 not apply to a dangerous wild animal owned at the time this 6-7 subchapter becomes effective if its owner meets the following 6-8 requirements: 6-9 (1) within 90 days of the effective date of this 6-10 subchapter, the owner obtains a permit for each dangerous wild 6-11 animal owned from the animal control authority and renews the 6-12 permit on an annual basis; 6-13 (2) the owner does not breed or allow the breeding of 6-14 the animal; 6-15 (3) the owner does not engage in any commercial 6-16 activity with respect to the animal; 6-17 (4) the owner does not sell or transfer ownership of 6-18 the animal or surrender possession, custody, or control of the 6-19 animal to any person other than persons listed in Section 6-20 822.052(b); 6-21 (5) the owner allows, at reasonable times, animal 6-22 control authorities and any peace officer with jurisdiction to 6-23 inspect the animal, the confinement facilities for the animal, and 6-24 owner's records relating to the animal to ensure compliance with 6-25 this subchapter; 7-1 (6) the owner maintains liability insurance coverage 7-2 in an amount of at least $250,000 to cover damages resulting from 7-3 an attack by an animal causing death or bodily injury to a person; 7-4 (7) before the owner moves the animal to a new 7-5 location, the owner notifies the animal control authorities for the 7-6 area from which and to which the animal is moved of the animal's 7-7 new location; and 7-8 (8) the owner keeps the animal properly confined in 7-9 facilities meeting the requirements of Section 822.054. 7-10 (b) Any person required to obtain a dangerous wild animal 7-11 permit pursuant to this section shall apply for the permit on an 7-12 application form provided by the animal control authority. 7-13 (c) The applicant shall complete the application with the 7-14 following information before the application will be considered by 7-15 the animal control authority: 7-16 (1) the name, address, and telephone number of the 7-17 applicant; 7-18 (2) a complete identification of the animal, including 7-19 species, sex, and age, if known, and any distinguishing marks or 7-20 coloration which would aid in the identification of the animal; and 7-21 (3) a statement that the applicant has read this 7-22 subchapter and that all confinement facilities used by the 7-23 applicant to confine or enclose the animal comply with the 7-24 requirements of Section 822.054. 7-25 (d) The applicant shall file the completed application with 8-1 the animal control authority along with the following items: 8-2 (1) an application fee of $35 for each permit; and 8-3 (2) proof of liability insurance, as required by 8-4 Subsection (a)(6). 8-5 Sec. 822.054. REQUIREMENTS FOR CONFINEMENT FACILITIES. 8-6 (a) For purposes of Section 822.053(a)(8), a cage or other 8-7 confinement facility which confines or encloses a dangerous wild 8-8 animal shall meet the following specifications: 8-9 (1) cages or other confinement facilities confining or 8-10 enclosing lions, tigers, hybrids of a lion and tiger, jaguars, or 8-11 bears shall be constructed with not less than nine-gauge chain link 8-12 or its strength and design equivalent; 8-13 (2) cages or other confinement facilities confining or 8-14 enclosing leopards, cougars, ocelots, cheetahs, hyenas, bobcats, 8-15 wolves, wolverines, or coyotes shall be constructed with not less 8-16 than 11-1/2 gauge chain link or its strength and design equivalent; 8-17 (3) cages or other confinement facilities confining or 8-18 enclosing chimpanzees, orangutans, or gorillas shall be constructed 8-19 of steel bars, two-inch galvanized pipe, masonry block, or their 8-20 strength equivalent; 8-21 (4) cages or other confinement facilities confining or 8-22 enclosing elephants shall be constructed of steel bars, masonry 8-23 block, or their strength equivalent; 8-24 (5) all cages or other confinement facilities for an 8-25 animal constructed of chain link or its strength and design 9-1 equivalent shall be well braced and securely anchored at ground 9-2 level and shall utilize metal corners, clamps, ties, and braces of 9-3 equivalent strength to other materials prescribed for cage 9-4 construction for that species; 9-5 (6) all cages or other confinement facilities shall be 9-6 equipped with safety barriers which adequately prevent any physical 9-7 contact with the animal by unauthorized persons; 9-8 (7) all cages or other confinement facilities shall be 9-9 equipped with a lock and a locking mechanism to prevent opening by 9-10 unauthorized persons; and 9-11 (8) all cages or other confinement facilities shall be 9-12 designed and constructed to prevent the escape of the animal. 9-13 (b) Any condition which results in the escape of an animal 9-14 from the cage or confinement facility in which the animal is 9-15 confined or enclosed or which results in injury to any person shall 9-16 be considered a violation of this section. 9-17 Sec. 822.055. PENALTY. (a) A person who violates Section 9-18 822.052 commits an offense. There shall be a separate offense for 9-19 each animal involved. 9-20 (b) An offense under this section is a Class C misdemeanor. 9-21 (c) In addition to criminal prosecution, a person who 9-22 commits an offense under this section is liable for a civil penalty 9-23 not to exceed $1,000 for each day of the violation. An attorney 9-24 having civil jurisdiction in the county or an attorney for a 9-25 municipality where the offense occurred may file suit in a court of 10-1 competent jurisdiction to collect the penalty and any amounts due 10-2 pursuant to Subsection (d). Penalties collected under this 10-3 subsection shall be retained by the county or municipality. 10-4 (d) If requested by the animal control authority, the owner 10-5 shall surrender possession of the animal to the animal control 10-6 authority, or its designated agent, pending the resolution of any 10-7 alleged violation of this subchapter by the owner with respect to 10-8 the animal, and the owner shall pay all costs of care and feeding 10-9 of the animal incurred by the animal control authority, or its 10-10 designated agent, pending the resolution if the owner is found to 10-11 have violated Section 822.052. 10-12 (e) If a person is found guilty of an offense under this 10-13 section, the court shall order the forfeiture of the animal 10-14 involved in the offense to the animal control authority or its 10-15 designated agent. 10-16 (f) If a person otherwise complies with all applicable 10-17 provisions of this subchapter, it is an exception to the 10-18 application of this section that the owner of the animal made 10-19 proper and timely application in accordance with the requirements 10-20 of Sections 822.053(a)(1), (b), (c), and (d), and the animal 10-21 control authority to which the person made application failed or 10-22 refused to issue a permit. 10-23 Sec. 822.056. OTHER REQUIREMENTS. Nothing in this 10-24 subchapter relieves a person of the obligations of complying with 10-25 the requirements of: 11-1 (1) Subchapter C, Chapter 43, and Chapters 67 and 68, 11-2 Parks and Wildlife Code, or the regulations promulgated under those 11-3 laws; 11-4 (2) Subchapter A, Chapter 240, Local Government Code, 11-5 or any orders adopted pursuant to that subchapter; and 11-6 (3) any other law, regulation, rule, order, ordinance, 11-7 or other legal requirement of the state or any political 11-8 subdivision of the state. 11-9 SECTION 2. This Act takes effect September 1, 1997. 11-10 SECTION 3. The importance of this legislation and the 11-11 crowded condition of the calendars in both houses create an 11-12 emergency and an imperative public necessity that the 11-13 constitutional rule requiring bills to be read on three several 11-14 days in each house be suspended, and this rule is hereby suspended.