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.

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