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.