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