1-1 By: Moncrief S.B. No. 1235 1-2 (In the Senate - Filed March 12, 1997; March 17, 1997, read 1-3 first time and referred to Committee on Natural Resources; 1-4 April 21, 1997, reported adversely, with favorable Committee 1-5 Substitute by the following vote: Yeas 10, Nays 0; April 21, 1997, 1-6 sent to printer.) 1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 1235 By: Brown 1-8 A BILL TO BE ENTITLED 1-9 AN ACT 1-10 relating to the keeping of dangerous wild animals; providing 1-11 penalties. 1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-13 SECTION 1. Chapter 822, Health and Safety Code, is amended 1-14 by adding Subchapter E to read as follows: 1-15 SUBCHAPTER E. DANGEROUS WILD ANIMALS 1-16 Sec. 822.051. DEFINITIONS. In this subchapter: 1-17 (1) "Animal control authority" means a municipal or 1-18 county animal control office with authority over the area where a 1-19 dangerous wild animal is kept or a county sheriff in an area with 1-20 no animal control office. 1-21 (2) "Commercial activity" means conducting any 1-22 activity that is not inherent to the dangerous wild animal's 1-23 nature; allowing free-roaming public access to the animal's 1-24 confinement facilities or the grounds on which the animal is kept; 1-25 utilizing the animal for entertainment or exhibition; or selling, 1-26 trading, bartering, auctioning, or donating the animal's body 1-27 parts. 1-28 (3) "Dangerous wild animals" means: 1-29 (A) lions; 1-30 (B) tigers; 1-31 (C) ocelots; 1-32 (D) cougars; 1-33 (E) leopards; 1-34 (F) cheetahs; 1-35 (G) jaguars; 1-36 (H) hyenas; 1-37 (I) bears; 1-38 (J) wolves; 1-39 (K) hybrids of a lion and tiger; 1-40 (L) elephants; 1-41 (M) bobcats; 1-42 (N) coyotes; 1-43 (O) wolverines; and 1-44 (P) nonhuman primates. 1-45 (4) "Owner" means a person who owns, possesses, has 1-46 custody or control of, or harbors a dangerous wild animal. 1-47 (5) "Wildlife sanctuary" means a nonprofit 1-48 organization exempt from federal taxation pursuant to Section 1-49 501(c)(3), Internal Revenue Code of 1986 (26 U.S.C. Section 1-50 501(c)(3)), that operates a place of refuge where abused, 1-51 neglected, unwanted, impounded, abandoned, orphaned, or displaced 1-52 native and non-native wildlife are provided care for their lifetime 1-53 or released back to their natural habitats. 1-54 Sec. 822.052. OWNERSHIP PROHIBITED. (a) A person may not 1-55 own, possess, have custody or control of, or harbor a dangerous 1-56 wild animal for any purpose. 1-57 (b) This subchapter shall not apply to: 1-58 (1) a person possessing or having custody of an 1-59 injured, infirm, orphaned, or abandoned dangerous wild animal soley 1-60 for the purpose of transporting the animal for care or treatment to 1-61 a wildlife sanctuary, a licensed veterinarian, an incorporated 1-62 humane society or animal shelter, an organization which is an 1-63 accredited member of the American Zoo and Aquarium Association, or 1-64 a state, federal, or local government official with authority or 2-1 apparent authority to care for or treat the animal; 2-2 (2) a person who holds a permit issued pursuant to 2-3 Subchapter C, Chapter 43, Parks and Wildlife Code, authorizing the 2-4 person to possess a dangerous wild animal for rehabilitation 2-5 purposes; a licensed veterinarian; or an incorporated humane 2-6 society or animal shelter while rehabilitating, treating, or caring 2-7 for an injured, infirm, orphaned, or abandoned dangerous wild 2-8 animal; 2-9 (3) a "research facility" within the meaning of 2-10 Section 2(e) of the federal Animal Welfare Act (7 U.S.C. Section 2-11 2132), licensed by the secretary of agriculture of the United 2-12 States pursuant to that Act; 2-13 (4) an animal control authority and any agent or 2-14 official of the authority acting in his or her official capacity; 2-15 (5) an agency of the state or the United States or any 2-16 agent or official of the agency acting in his or her official 2-17 capacity; 2-18 (6) an organization which is an accredited member of 2-19 the American Zoo and Aquarium Association; 2-20 (7) a wildlife sanctuary provided it complies with 2-21 Sections 822.053(a)(2) through (8); 2-22 (8) a dangerous wild animal owned by and in the 2-23 possession, custody, and control of a transient circus company and 2-24 used as an integral part of its circus performances, provided the 2-25 animal is kept within this state only during the time the circus is 2-26 performing in this state; 2-27 (9) a dangerous wild animal owned by and in the 2-28 possession, custody, and control of a college or university solely 2-29 as a mascot for the college or university; and 2-30 (10) a dangerous wild animal which is a member of a 2-31 "threatened" or "endangered" species within the meaning of Section 2-32 3 of the federal Endangered Species Act (16 U.S.C. Section 1532) 2-33 owned by, or in the possession, control, or custody of a person 2-34 that is a participant in a Species Survival Plan of the American 2-35 Zoo and Aquarium Association for that species. 2-36 Sec. 822.053. EXISTING ANIMALS. (a) Section 822.052 shall 2-37 not apply to a dangerous wild animal owned at the time this 2-38 subchapter becomes effective if its owner meets the following 2-39 requirements: 2-40 (1) within 90 days of the effective date of this 2-41 subchapter, the owner obtains a permit for each dangerous wild 2-42 animal owned from the animal control authority and renews the 2-43 permit on an annual basis; 2-44 (2) the owner does not breed or allow the breeding of 2-45 the animal; 2-46 (3) the owner does not engage in any commercial 2-47 activity with respect to the animal; 2-48 (4) the owner does not sell or transfer ownership of 2-49 the animal or surrender possession, custody, or control of the 2-50 animal to any person other than persons listed in Section 2-51 822.052(b)(4), (6), or (7); 2-52 (5) the owner allows, at reasonable times and without 2-53 a search warrant, animal control authorities and any peace officer 2-54 with jurisdiction to inspect the animal, the confinement facilities 2-55 for the animal, and owner's records relating to the animal to 2-56 ensure compliance with this subchapter; 2-57 (6) the owner maintains liability insurance coverage 2-58 in an amount of at least $250,000 to cover damages resulting from 2-59 an attack by the animal causing death or bodily injury to a person; 2-60 (7) before the owner moves the animal to a new 2-61 location, the owner notifies the animal control authorities for the 2-62 area from which and to which the animal is moved of the animal's 2-63 new location; and 2-64 (8) the owner keeps the animal confined at all times 2-65 in facilities meeting the requirements of Section 822.054. 2-66 (b) Any person required to obtain a dangerous wild animal 2-67 permit pursuant to this section shall apply for the permit on an 2-68 application form provided by the animal control authority, which 2-69 application form shall contain a preprinted animal identification 3-1 number. 3-2 (c) The applicant shall complete the application with the 3-3 following information before the application will be considered by 3-4 the animal control authority: 3-5 (1) the name, address, and telephone number of the 3-6 applicant; 3-7 (2) a complete identification of the animal, including 3-8 species, sex, and age, if known, and any distinguishing marks or 3-9 coloration which would aid in the identification of the animal; and 3-10 (3) a statement that the applicant has read this 3-11 subchapter and that all confinement facilities used by the 3-12 applicant to confine or enclose the animal comply with the 3-13 requirements of Section 822.054. 3-14 (d) The applicant shall file the completed application with 3-15 the animal control authority along with the following items: 3-16 (1) an application fee of $35 for each permit; 3-17 (2) a certificate from a licensed veterinarian 3-18 verifying that the animal has been tattooed or microchipped, with 3-19 the identification number shown on the application form, and 3-20 specifying where the identification number can be found on the 3-21 animal; 3-22 (3) a certificate from a licensed veterinarian that 3-23 the confinement facilities proposed to confine or enclose the 3-24 dangerous wild animal are adequate to maintain the animal safely; 3-25 and 3-26 (4) proof of liability insurance, as required by 3-27 Subsection(a)(6). 3-28 Sec. 822.054. REQUIREMENTS FOR CONFINEMENT FACILITIES. 3-29 (a) For purposes of Section 822.053(a)(8), a cage or other 3-30 confinement facility which confines or encloses a dangerous wild 3-31 animal shall meet the following specifications: 3-32 (1) cages or other confinement facilities confining or 3-33 enclosing lions, tigers, hybrids of a lion and tiger, jaguars, or 3-34 bears shall be constructed with not less than nine-gauge chain 3-35 link; 3-36 (2) cages or other confinement facilities confining or 3-37 enclosing leopards, cougars, ocelots, cheetahs, hyenas, bobcats, 3-38 wolves, wolverines, or coyotes shall be constructed with not less 3-39 than 11-1/2 gauge chain link; 3-40 (3) cages or other confinement facilities confining or 3-41 enclosing apes, chimpanzees, orangutans, or gorillas shall be 3-42 constructed of steel bars, two-inch galvanized pipe, masonry block, 3-43 or their strength equivalent; 3-44 (4) cages or other confinement facilities confining or 3-45 enclosing other nonhuman primates shall be constructed of not less 3-46 than nine-gauge chain link or electric fencing; 3-47 (5) cages or other confinement facilities confining or 3-48 enclosing elephants shall be constructed of steel bars, masonry 3-49 block, or their strength equivalent; 3-50 (6) all cages or other confinement facilities for an 3-51 animal constructed of chain link shall be well braced and securely 3-52 anchored at ground level and shall utilize metal corners, clamps, 3-53 ties, and braces of equivalent strength to other materials 3-54 prescribed for cage construction for that species; 3-55 (7) all cages or other confinement facilities shall be 3-56 equipped with safety barriers which adequately prevent any physical 3-57 contact with the animal by unauthorized persons; 3-58 (8) all cages or other confinement facilities shall be 3-59 equipped with a lock and a locking mechanism to prevent opening by 3-60 unauthorized persons; and 3-61 (9) all cages or other confinement facilities shall be 3-62 designed and constructed to prevent the escape of the animal. 3-63 (b) Any condition which results in the escape of an animal 3-64 from the cage or confinement facility in which the animal is 3-65 confined or enclosed or which results in injury to any person shall 3-66 be considered a violation of this section. 3-67 Sec. 822.055. PENALTY. (a) A person who violates Section 3-68 822.052 commits an offense. There shall be a separate offense for 3-69 each animal involved. 4-1 (b) An offense under this section is a Class C misdemeanor. 4-2 (c) In addition to criminal prosecution, a person who 4-3 commits an offense under this section is liable for a civil penalty 4-4 not to exceed $1,000 for each day of the violation. An attorney 4-5 having civil jurisdiction in the county or an attorney for a 4-6 municipality where the offense occurred may file suit in a court of 4-7 competent jurisdiction to collect the penalty and any amounts due 4-8 pursuant to Subsection (d). Penalties collected under this 4-9 subsection shall be retained by the county or municipality. 4-10 (d) If requested by the animal control authority, the owner 4-11 shall surrender possession of the animal to the animal control 4-12 authority, or its designated agent, pending the resolution of any 4-13 alleged violation of this subchapter by the owner with respect to 4-14 the animal, and the owner shall pay all costs of care and feeding 4-15 of the animal incurred by the animal control agency, or its 4-16 designated agent, pending the resolution if the owner is found to 4-17 have violated Section 822.052. 4-18 (e) If a person is found guilty of an offense under this 4-19 section, the court shall order the forfeiture of the animal 4-20 involved in the offense to the animal control authority or its 4-21 designated agent. 4-22 Sec. 822.056. OTHER REQUIREMENTS. Nothing in this 4-23 subchapter relieves a person of the obligations of complying with 4-24 the requirements of: 4-25 (1) Subchapter C, Chapter 43, and Chapters 67 and 68, 4-26 Parks and Wildlife Code, or the regulations promulgated under those 4-27 laws; 4-28 (2) Subchapter A, Chapter 240, Local Government Code, 4-29 or any orders adopted pursuant to that subchapter; and 4-30 (3) any other law, regulation, rule, order, ordinance, 4-31 or other legal requirement of the state or any political 4-32 subdivision of the state. 4-33 SECTION 2. This Act takes effect September 1, 1997. 4-34 SECTION 3. The importance of this legislation and the 4-35 crowded condition of the calendars in both houses create an 4-36 emergency and an imperative public necessity that the 4-37 constitutional rule requiring bills to be read on three several 4-38 days in each house be suspended, and this rule is hereby suspended. 4-39 * * * * *