SRC-PNG H.B. 2259 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 2259
By: Goodman (Madla)
Intergovernmental Relations
5/14/1999
Engrossed


DIGEST 

For many years the Texas Parks and Wildlife Department (TPWD) regulated the
ownership of dangerous wild animals such as lions, tigers, other large
cats, wolves, coyotes, bears, elephants, great apes, and others. TPWD
regulation of the ownership of these animals was governed by Chapter 12G,
Parks and Wildlife Code. Under this statute an owner of a dangerous wild
animal was required to obtain a permit from TPWD and comply with the
statute regarding care and confinement of the animal. In 1995, the 74th
Legislature repealed Chapter 12G, effective September 1,1997, primarily
because TPWD did not have the manpower or resources to properly regulate
the ownership of the dangerous wild animals. An attempt was made by the
75th Legislature to totally prohibit the ownership of dangerous wild
animals. This effort was not successful. Accordingly, there has been no
statewide regulation of dangerous wild animals since 1997.   H.B. 2259
provides for the regulation of the ownership of dangerous wild animals by
counties and municipalities. This bill requires owners to register animals
with the local animal control authority, maintain $100,000 of liability
insurance to cover damage, death or injury caused by the animal, and to
confine and care for the animal in a safe and proper manner. This bill also
gives the counties and municipalities the ability to charge fees to offset
the costs of regulating these dangerous wild animals and gives them the
right to further regulate the ownership of these animals by ordinance if
they deem such regulation is needed in their area. 

PURPOSE

As proposed, H.B. 2259 establishes provisions regarding the regulation of
wild animals, imposes penalties. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 822, Health and Safety Code, by adding Subchapter
E, as follows:  

SUBCHAPTER E. DANGEROUS WILD ANIMALS 

Sec. 822.101. DEFINITIONS. Defines "animal registration agency,""commercial
activity," "dangerous wild animal," "owner," "primary enclosure," and
"wildlife sanctuary."  

Sec. 822.102. APPLICABILITY OF SUBCHAPTER. Sets forth individuals and
organizations to which this subchapter does not apply.  

Sec. 822.103. CERTIFICATE OF REGISTRATION. (a) Authorizes municipalities or
counties by ordinance to prohibit a person from owning, harboring, or
having custody or control of a dangerous wild animal (animal) unless the
person holds a current certificate of registration (certificate) for the
animal issued by an animal registration agency under this subchapter
(agency).  

(b) Authorizes the agency to require a separate certificate for each
animal.  

(c) Provides that a certificate is not transferable and is valid for the
duration of ownership or  control of the animal unless revoked.  

(d) Authorizes each municipality and county to establish and charge a
reasonable fee for application and renewal to recover the costs associated
with administration and enforcement. Prohibits the fee from exceeding $50
for each animal and the total fees from exceeding $500 for a person,
regardless of the number of animals the person owns. Authorizes the fees to
be used only to administer and enforce this subchapter.  

Sec. 822.104. CERTIFICATE OF REGISTRATION APPLICATION. (a) Requires an
applicant for an original or renewal certificate to file an application
with the agency on a form provided by the agency.  

(b) Sets forth certain required information in the application.

(c) Requires the applicant to include with each application certain
documents and information. 

(d) Requires certain applicants to include with an application certain
additional information. 

(e) Requires each application for renewal to also contain a signed
statement from a state licensed veterinarian making certain statements. 

Sec. 822.105. LIABILITY INSURANCE. Requires the holder of a certificate
from the agency to maintain liability insurance coverage in an amount not
less than $100,000 for each occurrence for liability for damages for
destruction of or damage to property and death or injury to a person caused
by any animal owned by the holder.  

Sec. 822.106. DENIAL OR REVOCATION OF CERTIFICATE OF REGISTRATION.   (a)
Requires the agency, if it finds that an application for a certificate or
renewal does not meet the requirements under the required Section 822.104
or, after inspection, that an applicant has not complied with this
subchapter, to deny the issuance of an original or renewal certificate and
notify the applicant in writing of the denial and the reason for it.  

(b) Requires the agency to revoke the certificate and give the owner
written notice and reasons for the revocation if it finds, after
inspection, that a registered owner provided false information in or in
connection with the application or has not complied with this subchapter.  

(c) Authorizes a person to appeal the denial or revocation of an original
or renewal certificate or the revocation of a certificate to a justice or
municipal court no later than the 15th day after the person is notified of
such denial or revocation. Provides that either party may appeal the
decision of the court to a county court at law.  Provides that the decision
of a county court at law is not appealable.  

(d) Provides that filing an appeal of the denial of a renewal certificate
or the revocation of a certificate stays the denial or revocation until the
court rules on it.  

Sec. 822.107. FILING OF CERTIFICATE OF REGISTRATION. Requires an owner to
file a clear and legible copy of a certificate with the zoonosis control
division of the Texas Department of Health not later than the 10th day
after the owner receives the certificate.  

Sec. 822.108. DISPLAY OF CERTIFICATE OF REGISTRATION. Requires the holder
of a certificate to prominently display it at the premises where each
animal subject to it is kept.  

Sec. 822.109. INSPECTION. Requires the owner of an animal to allow the
agency, its agents, or a licensed veterinarian designated by it, at all
reasonable times, to enter the premises where the animal is kept, to
inspect the animal, the primary enclosure of the animal, and records
relating to the animal to ensure compliance with this subchapter.  

Sec. 822.110. RELOCATION OF ANIMAL. Prohibits an owner from permanently
relocating the animal unless the owner first notifies the agency in writing
of the exact  location to which the animal will be moved and provides the
required information about that location.  

Sec. 822.111. NOTICE OF SALE OR DEATH OF ANIMAL; NOTICE OF INJURY INFLICTED
BY ANIMAL. (a) Requires the owner of an animal to notify the agency in
writing of the sale, disposition, or death of an animal no later than 10
days after the date of such occurrence.  

(b) Requires the owner of an animal that causes injury to a human requiring
medical treatment to notify the agency no later than 48 hours after of such
occurrence. Requires the owner to submit a detailed written report to the
agency no later than the 10th day after the date of the injury regarding
the nature and circumstances of the injury.  

Sec. 822.112. ESCAPE OF ANIMAL; LIABILITY. (a) Requires an owner of an
animal to immediately notify the agency of any escape of the animal.  

(b) Provides that the owner of the animal is liable for all costs incurred
in apprehending and confining the animal.  

(c) Provides that an animal control office or law enforcement agency or its
employees are not liable for damages arising in connection with the escape
of an animal, including liability for any damage, injury, or death caused
by the animal during or after its escape or injury to or the death of the
animal as a result of its apprehension or confinement.  

Sec. 822.113. MINIMUM SPACE REQUIREMENTS FOR DANGEROUS WILD ANIMALS;
DEVIATIONS. (a) Provides that the primary enclosure in which an animal is
kept must meet minimum space requirements applicable to the animal under
this subchapter.  

(b) Authorizes an owner to deviate from minimum primary enclosure space
requirements, on approval of the agency, because of the age of the animal,
or the use of unusual enclosure design.  

(c) Authorizes the agency to approve deviation from minimum primary
enclosure size requirements only if the agency finds that the overall
welfare of the animal and the public's health and safety have not been
compromised.  

Sec. 822.114. MINIMUM SPACE REQUIREMENTS: GORILLAS. Provides that for one
or two gorillas or for a pair and their progeny under the age of two years,
the primary enclosure must have a floor area of at least 500 square feet
and a ceiling height of at least eight feet, and that for each additional
gorilla confined there the floor area must increase by 30 percent.  

Sec.  822.115.  MINIMUM SPACE REQUIREMENTS: ORANGUTANS. Provides that for
one or two orangutans or for a pair and their progeny under the age of two
years, the primary enclosure must have a floor area of at least 400 square
feet and a ceiling height of at least 10 feet, and that for each additional
orangutan confined there the floor area must increase by 30 percent.  

Sec. 822.116. MINIMUM SPACE REQUIREMENTS: CHIMPANZEES. Provides that for
one or two chimpanzees or for a pair and their progeny under the age of two
years, the primary enclosure must have a floor area of at least 300 square
feet and a ceiling height of at least 10 feet, and that for each additional
chimpanzee confined there the floor area must increase by 30percent.  

Sec. 822.117. MINIMUM SPACE REQUIREMENTS: BABOONS. Provides that for one or
two baboons or for a pair and their progeny under the age of two years, the
primary enclosure must have a floor area of at least 200 square feet and a
ceiling height of at least eight feet, and that for each additional baboon
confined there the floor area must increase by 30 percent.  

 Sec. 822.118. MINIMUM SPACE REQUIREMENTS: BEARS. Provides that for one or
two bears, the primary enclosure must have a floor area of at least 600
square feet and a ceiling height of at least 10 feet, and that for each
additional bear confined there the floor area must increase by 30 percent.  

Sec. 822.119. MINIMUM SPACE REQUIREMENTS: HYENAS. Provides that for one or
two hyenas, the primary enclosure must have a floor area of at least 300
square feet and a ceiling height of at least six feet, and that for each
additional hyena confined there the floor area must increase by 30 percent.

Sec. 822.120. MINIMUM SPACE REQUIREMENTS: LIONS, TIGERS, CHEETAHS, AND SNOW
LEOPARDS. Provides that for one or two lions, tigers, cheetahs, snow
leopards, or hybrids of these animals, the primary enclosure must have a
floor area of at least 450 square feet and a ceiling height of at least
eight feet, and that for each additional lion, tiger, cheetah, snow
leopard, or hybrid animal confined there the floor area must increase by 30
percent.  

Sec. 822.121. MINIMUM SPACE REQUIREMENTS: COUGARS, LEOPARDS, AND JAGUARS.
Provides that for one or two cougars, leopards, jaguars, or hybrids of
these animals, the primary enclosure must have a floor area of at least 300
square feet and a ceiling height of at least eight feet, and that for each
additional cougar, leopard, jaguar, or hybrid animal confined there the
floor area must increase by 30 percent.  

Sec. 822.122. MINIMUM SPACE REQUIREMENTS: OCELOTS. Provides that for one or
two ocelots or hybrids of ocelots the primary enclosure must have a floor
area of at least 80 square feet and a ceiling height of at least eight
feet, and that for each additional ocelot or hybrid ocelot confined there
the floor area must increase by 30 percent.  

Sec. 822.123. CONSTRUCTION REQUIREMENTS FOR PRIMARY ENCLOSURES. (a) Sets
forth the construction requirements for the primary enclosure in which an
animal is kept. 

(b) Requires a primary enclosure constructed of chain link or its strength
equivalent to be well braced and securely anchored at ground-level and use
metal corners, clamps, ties, and braces of strength equivalent to materials
prescribed for that species.  

(c) Requires the primary enclosure to be equipped with a lock and locking
mechanism to prevent an unauthorized person from opening it.  

(d) Requires the primary enclosure to be equipped with safety barriers to
prevent physical contact with the animal by an unauthorized person.  

(e) Requires that the primary enclosure to be designed and constructed to
prevent the animal from escaping it.  

Sec. 822.124. CARE, TREATMENT, AND TRANSPORTATION OF ANIMAL. (a) Requires
the owner to comply with all applicable standards, for each animal, of the
Animal Welfare Act (7 U.S.C. Section 2131, et seq.) and its subsequent
amendments and regulations adopted under it relating to facilities and
operations, animal health and husbandry, and veterinary care.  

(b) Requires the owner to maintain a separate register on each animal
documenting veterinary care and make the register available to the agency
or its agent on request.  Sets forth certain required information for the
log. 

(c) Requires the owner or a designated carrier or intermediate handler to
comply with all transportation standards that apply to that animal under
the Animal Welfare Act and its subsequent amendments and regulations
adopted under it.  

(d) Exempts a person from the requirements of this section that are
applicable to an animal for which the person holds a Class A or Class B
Dealer's license or a Class C exhibitor's  license issued by the secretary
of agriculture of the United States under the Animal Welfare Act and its
subsequent amendments.  

Sec. 822.125. OFFENSE AND PENALTY. Provides that a person commits a Class C
misdemeanor if the person violates Section 822.103(a) or 822.112. 

Sec. 822.126. CIVIL PENALTY. (a) Provides that a person who violates
Section 822.103(a) is liable for a civil penalty of not less than $200 and
not more than $2,000 for each animal with respect to which there is a
violation and for each day the violation continues.  

(b) Authorizes the county or municipality where the violation occurs to sue
to collect a civil penalty, which may be retained by the county or
municipality.  

(c) Authorizes the county or municipality where the violation occurs to
recover the reasonable costs of investigation, attorney's fees, and expert
witness fees incurred by the agency in the civil action. Requires the costs
and fees recovered under this subsection to be credited to the operating
account from which the expenditures were made.  

Sec. 822.127. INJUNCTION. Authorizes any person to sue to enjoin a
violation of this subchapter or to enforce this subchapter if the person is
directly harmed or threatened with harm by such violation or failure.  

Sec. 822.128. EFFECT OF THIS SUBCHAPTER ON OTHER LAW. (a) Provides that
this subchapter does not affect the applicability of: (1) Chapter 821B
(Disposition of Cruelly Treated Animals), Health and Safety Code; (2)
Subchapter C (Permits for Scientific Research, Zoological Collection,
Rehabilitation, and Educational Display), Chapter 43, and Chapter 67
(Nongame Species), and Chapter 68 (Endangered Species), Parks and Wildlife
Code; (3) Subchapter A (Regulation of Keeping Wild Animals), Chapter 240,
Local Government Code, or an order adopted under that subchapter; (4)
Section 42.09 (Cruelty to Animals), Penal Code; or (5) any other law, rule,
order, ordinance, or other legal requirement of this state or a political
subdivision of this state.  

(b) Provides that this subchapter does not prevent a municipality or county
from prohibiting or regulating by ordinance or order the ownership,
possession, confinement, or care of animals.  

SECTION 2. Amends the heading of Chapter 240A, Local Government Code, as
follows: 

SUBCHAPTER A.  New heading: REGULATION OF KEEPING OF DANGEROUS WILD
ANIMALS.  

SECTION 3. Amends Section 240.0025, Local Government Code, to define
"dangerous wild animal."  Makes conforming and nonsubstantive changes.  

SECTION 4.   (a) Effective date: September 1, 1999, except as provided by
this section.  

(b) Provides that Section 822.125 (Offense and Penalty), Health and Safety
Code, takes effect June 1, 2000.  

SECTION 5. (a) Provides that a person is not required to obtain a
certificate for an animal under Chapter 822E, Health and Safety Code, as
added by this Act, before June 1, 2000. 

 (b) Requires each municipality and county to adopt an ordinance or order
necessary to implement Chapter 822E, Health and Safety Code, as added by
this Act, including the application for an original and renewal
certificate, fees for registration and renewal, and the form and content of
the application and the certificate no later than December 1, 1999.  

SECTION 6.  Emergency clause.