By Goodman, Danburg, Greenberg H.B. No. 2259
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of dangerous wild animals; imposing
1-3 civil and criminal penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 822, Health and Safety Code, is amended
1-6 by adding Subchapter E to read as follows:
1-7 SUBCHAPTER E. DANGEROUS WILD ANIMALS
1-8 Sec. 822.101. DEFINITIONS. In this subchapter:
1-9 (1) "Animal registration agency" means the municipal
1-10 or county animal control office with authority over the area where
1-11 a dangerous wild animal is kept or a county sheriff in an area that
1-12 does not have an animal control office.
1-13 (2) "Commercial activity" means:
1-14 (A) conducting for profit any activity that is
1-15 not inherent to the animal's nature;
1-16 (B) charging a fee for entertainment that uses
1-17 the animal or exhibition of the animal; or
1-18 (C) selling, trading, bartering, or auctioning
1-19 the animal or the animal's body parts.
1-20 (3) "Dangerous wild animal" means:
1-21 (A) a lion;
1-22 (B) a tiger;
1-23 (C) an ocelot;
1-24 (D) a cougar;
2-1 (E) a snow leopard;
2-2 (F) a leopard;
2-3 (G) a cheetah;
2-4 (H) a jaguar;
2-5 (I) a hyena;
2-6 (J) a bear;
2-7 (K) a baboon;
2-8 (L) a chimpanzee;
2-9 (M) an orangutan;
2-10 (N) a gorilla; or
2-11 (O) any hybrid of an animal listed in this
2-12 subdivision.
2-13 (4) "Owner" means any person who owns, harbors, or has
2-14 custody or control of a dangerous wild animal.
2-15 (5) "Primary enclosure" means any structure used to
2-16 immediately restrict an animal to a limited amount of space,
2-17 including a cage, pen, run, room, compartment, or hutch.
2-18 (6) "Wildlife sanctuary" means a nonprofit
2-19 organization described by Section 170(b)(1)(A)(vi), Internal
2-20 Revenue Code of 1986, and its subsequent amendments, that:
2-21 (A) operates a place of refuge where abused,
2-22 neglected, unwanted, impounded, abandoned, orphaned, or displaced
2-23 wildlife are provided care for their lifetime or released back to
2-24 their natural habitats;
2-25 (B) does not conduct any commercial activity
2-26 with respect to any animal of which the organization is an owner;
2-27 and
3-1 (C) does not breed any animal of which the
3-2 organization is an owner except as an integral part of a species
3-3 survival plan of the American Zoo and Aquarium Association.
3-4 Sec. 822.102. APPLICABILITY OF SUBCHAPTER. This subchapter
3-5 does not apply to:
3-6 (1) a person possessing or having custody of an
3-7 injured, infirm, orphaned, or abandoned dangerous wild animal
3-8 solely for the purpose of transporting the animal for care or
3-9 treatment to a wildlife sanctuary, a licensed veterinarian, an
3-10 incorporated humane society or animal shelter, an organization
3-11 that is an accredited member of the American Zoo and Aquarium
3-12 Association, or a state, federal, or local government official,
3-13 with authority or apparent authority to care for or treat the
3-14 animal;
3-15 (2) a person who holds a rehabilitation permit issued
3-16 under Subchapter C, Chapter 43, Parks and Wildlife Code, while the
3-17 person is rehabilitating, treating, or caring for an injured or
3-18 infirm dangerous wild animal;
3-19 (3) a licensed veterinarian, while the veterinarian is
3-20 rehabilitating, treating, or caring for an injured or infirm
3-21 dangerous wild animal;
3-22 (4) an incorporated humane society or animal shelter,
3-23 while the society or shelter is rehabilitating, treating, or caring
3-24 for an injured or infirm dangerous wild animal;
3-25 (5) a research facility, as that term is defined by
3-26 Section 2(e), Animal Welfare Act (7 U.S.C. Section 2132), and its
3-27 subsequent amendments, that is licensed by the secretary of
4-1 agriculture of the United States under that Act;
4-2 (6) an agency of the state or the United States or an
4-3 agent or official of the agency acting in an official capacity;
4-4 (7) an animal registration agency or law enforcement
4-5 agency or any agent or official of an animal registration agency or
4-6 law enforcement agency acting in an official capacity;
4-7 (8) an organization that is an accredited member of
4-8 the American Zoo and Aquarium Association;
4-9 (9) a wildlife sanctuary;
4-10 (10) a dangerous wild animal owned by and in the
4-11 custody and control of a transient circus company that is not
4-12 based in this state if:
4-13 (A) the animal is used as an integral part of
4-14 the circus performances; and
4-15 (B) the animal is kept within this state only
4-16 during the time the circus is performing in this state;
4-17 (11) a dangerous wild animal that is:
4-18 (A) owned by or in the possession, control, or
4-19 custody of a person that is a participant in a species survival
4-20 plan of the American Zoo and Aquarium Association for that species;
4-21 and
4-22 (B) an integral part of that species survival
4-23 plan;
4-24 (12) a dangerous wild animal in the temporary custody
4-25 or control of a television or motion picture production company
4-26 during the filming of a television or motion picture production in
4-27 this state;
5-1 (13) a nonhuman primate owned by and in the control
5-2 and custody of a person whose only business is supplying nonhuman
5-3 primates directly and exclusively to biomedical research
5-4 facilities and who holds a Class A or Class B dealer's license
5-5 issued by the secretary of agriculture of the United States under
5-6 the Animal Welfare Act (7 U.S.C. Section 2131 et seq.) and its
5-7 subsequent amendments;
5-8 (14) a dangerous wild animal while being transported
5-9 in interstate commerce through the state in compliance with the
5-10 Animal Welfare Act (7 U.S.C. Section 2131 et seq.) and its
5-11 subsequent amendments and the regulations adopted under that Act;
5-12 and
5-13 (15) a dangerous wild animal owned by and in the
5-14 possession, custody, and control of a college or university solely
5-15 as a mascot for the college or university.
5-16 Sec. 822.103. CERTIFICATE OF REGISTRATION. (a) A
5-17 municipality or county by ordinance or order may prohibit a person
5-18 from owning, harboring, or having custody or control of a dangerous
5-19 wild animal for any purpose unless the person holds a current
5-20 certificate of registration for that animal issued by an animal
5-21 registration agency under this subchapter.
5-22 (b) The animal registration agency may require a separate
5-23 certificate of registration for each animal.
5-24 (c) A certificate of registration issued under this
5-25 subchapter is not transferrable and is valid for the duration of
5-26 the time the person owns, harbors, or has custody or control of a
5-27 dangerous wild animal unless revoked.
6-1 (d) Each municipality and county by ordinance or order may
6-2 establish and charge reasonable fees for application and renewal to
6-3 recover the costs associated with administration and enforcement of
6-4 this subchapter. The fee may not exceed $50 for each animal and
6-5 the total fees may not exceed $500 for a person, regardless of the
6-6 number of animals owned by that person. The fees collected under
6-7 this section may be used only to administer and enforce this
6-8 subchapter.
6-9 Sec. 822.104. CERTIFICATE OF REGISTRATION APPLICATION. (a)
6-10 An applicant for an original or renewal certificate of registration
6-11 for a dangerous wild animal must file an application with an animal
6-12 registration agency on a form provided by the animal registration
6-13 agency.
6-14 (b) The application must include:
6-15 (1) the name, address, and telephone number of the
6-16 applicant;
6-17 (2) a complete identification of each animal,
6-18 including species, sex, age, if known, and any distinguishing marks
6-19 or coloration that would aid in the identification of the animal;
6-20 (3) the exact location where each animal is to be
6-21 kept;
6-22 (4) a sworn statement that:
6-23 (A) all information in the application is
6-24 complete and accurate; and
6-25 (B) the applicant has read this subchapter and
6-26 that all facilities used by the applicant to confine or enclose the
6-27 animal comply with the requirements of this subchapter; and
7-1 (5) any other information the municipality or county
7-2 by rule or by ordinance or order requires.
7-3 (c) An applicant shall include with each application:
7-4 (1) the nonrefundable fee;
7-5 (2) proof, in a form acceptable by the animal
7-6 registration agency, that the applicant has liability insurance, as
7-7 required by Section 822.105;
7-8 (3) a color photograph of each animal being registered
7-9 taken not earlier than the 30th day before the date the application
7-10 is filed; and
7-11 (4) a photograph and a statement of the dimensions of
7-12 the primary enclosure in which each animal is to be kept and a
7-13 scale diagram of the premises where each animal will be kept,
7-14 including the location of any residence on the premises.
7-15 (d) If an applicant holds a valid Class A or Class B
7-16 dealer's license or Class C exhibitor's license issued by the
7-17 secretary of agriculture of the United States under the Animal
7-18 Welfare Act (7 U.S.C. Section 2131 et seq.) and its subsequent
7-19 amendments, the applicant shall include a clear and legible
7-20 photocopy of the license with an application for an original or
7-21 renewal certificate of registration.
7-22 (e) In addition to the items required under Subsection (c),
7-23 an application for renewal must include a statement signed by a
7-24 veterinarian licensed to practice in this state stating that the
7-25 veterinarian:
7-26 (1) inspected each animal being registered not earlier
7-27 than the 30th day before the date of the filing of the renewal
8-1 application; and
8-2 (2) finds that the care and treatment of each animal
8-3 by the owner meets or exceeds the standards prescribed under this
8-4 subchapter.
8-5 Sec. 822.105. LIABILITY INSURANCE. The holder of a
8-6 certificate of registration issued by the animal registration
8-7 agency under this subchapter shall maintain liability insurance
8-8 coverage in an amount of not less than $100,000 for each occurrence
8-9 for liability for damages for destruction of or damage to property
8-10 and death or bodily injury to a person caused by any dangerous wild
8-11 animal owned by the holder.
8-12 Sec. 822.106. DENIAL OR REVOCATION OF CERTIFICATE OF
8-13 REGISTRATION. (a) If the animal registration agency finds that an
8-14 application for a certificate of registration or renewal under this
8-15 subchapter does not meet the requirements of Section 822.104 or,
8-16 after inspection, that an applicant has not complied with this
8-17 subchapter, the animal registration agency shall:
8-18 (1) deny the issuance of an original or renewal
8-19 certificate of registration; and
8-20 (2) notify the applicant in writing of the denial and
8-21 the reasons for the denial.
8-22 (b) If the animal registration agency finds, after
8-23 inspection, that a registered owner provided false information in
8-24 or in connection with the application or has not complied with this
8-25 subchapter, the animal registration agency shall revoke the
8-26 certificate of registration and give the owner written notice of
8-27 the revocation and the reasons for the revocation.
9-1 (c) A person may appeal the denial of an original or renewal
9-2 certificate of registration or the revocation of a certificate of
9-3 registration to the justice court for the precinct in which the
9-4 animal is located or the municipal court in the municipality in
9-5 which the animal is located not later than the 15th day after the
9-6 date the person is notified that the original or renewal
9-7 certificate of registration has been denied or that the certificate
9-8 of registration has been revoked. Either party may appeal the
9-9 decision of the justice or municipal court to a county court at law
9-10 in the county in which the justice or municipal court is located.
9-11 The decision of the county court at law may not be appealed.
9-12 (d) The filing of an appeal of the denial of a renewal
9-13 certificate of registration or the revocation of a certificate of
9-14 registration under Subsection (c) stays the denial or revocation
9-15 until the court rules on the appeal.
9-16 Sec. 822.107. FILING OF CERTIFICATE OF REGISTRATION. Not
9-17 later than the 10th day after the owner receives a certificate of
9-18 registration, the owner shall file a clear and legible copy of the
9-19 certificate of registration with the zoonosis control division of
9-20 the Texas Department of Health.
9-21 Sec. 822.108. DISPLAY OF CERTIFICATE OF REGISTRATION. The
9-22 holder of a certificate of registration shall prominently display
9-23 the certificate at the premises where each animal that is the
9-24 subject of the certificate of registration is kept.
9-25 Sec. 822.109. INSPECTION. An owner of a dangerous wild
9-26 animal, at all reasonable times, shall allow the animal
9-27 registration agency, its agents, or any licensed veterinarian
10-1 designated by the animal registration agency to enter the premises
10-2 where the animal is kept and to inspect the animal, the primary
10-3 enclosure for the animal, and the owner's records relating to the
10-4 animal to ensure compliance with this subchapter.
10-5 Sec. 822.110. RELOCATION OF ANIMAL. An owner of a dangerous
10-6 wild animal may not permanently relocate the animal unless the
10-7 owner first notifies the animal registration agency in writing of
10-8 the exact location to which the animal will be moved and provides
10-9 the animal registration agency, with respect to the new location,
10-10 the information required by Section 822.104.
10-11 Sec. 822.111. NOTICE OF SALE OR DEATH OF ANIMAL; NOTICE OF
10-12 INJURY INFLICTED BY ANIMAL. (a) Not later than the 10th day after
10-13 the date of the sale or other disposition or the death of a
10-14 dangerous wild animal, the owner of the animal shall notify the
10-15 animal registration agency in writing of the sale, disposition, or
10-16 death.
10-17 (b) Not later than 48 hours after the time that a dangerous
10-18 wild animal causes an injury to a human that requires medical
10-19 treatment, the owner of the animal shall report the injury to the
10-20 animal registration agency. Not later than the 10th day after the
10-21 date of the injury, the owner shall submit to the animal
10-22 registration agency a detailed written report regarding the nature
10-23 and circumstances of the injury.
10-24 Sec. 822.112. ESCAPE OF ANIMAL; LIABILITY. (a) An owner of
10-25 a dangerous wild animal shall immediately notify the animal
10-26 registration agency of any escape of the animal.
10-27 (b) The owner of a dangerous wild animal that escapes is
11-1 liable for all costs incurred in apprehending and confining the
11-2 animal.
11-3 (c) An animal control office or law enforcement agency or
11-4 the employees of an animal control office or law enforcement agency
11-5 are not liable to any person for damages arising in connection with
11-6 the escape of a dangerous wild animal, including liability for any
11-7 damage, injury, or death caused by the animal during or after the
11-8 animal's escape or any injury to or the death of the animal as a
11-9 result of apprehension or confinement of the animal after escape.
11-10 Sec. 822.113. MINIMUM SPACE REQUIREMENTS FOR DANGEROUS WILD
11-11 ANIMALS; DEVIATIONS. (a) The primary enclosure in which a
11-12 dangerous wild animal is kept must meet the minimum space
11-13 requirements applicable to that animal under this subchapter.
11-14 (b) On approval of the animal registration agency, an owner
11-15 may deviate from the minimum primary enclosure space requirements
11-16 of this subchapter because of:
11-17 (1) the age of the animal; or
11-18 (2) the use of an unusual enclosure design, such as a
11-19 moat, island, outdoor natural habitat enclosure, pit, or barrier.
11-20 (c) The animal registration agency may approve a deviation
11-21 under Subsection (b) only if the agency finds that the overall
11-22 welfare of the animal involved and the public's health and safety
11-23 have not been compromised by the deviation.
11-24 Sec. 822.114. MINIMUM SPACE REQUIREMENTS: GORILLAS. (a)
11-25 For one or two gorillas or for a pair of gorillas and their progeny
11-26 under the age of two years, the primary enclosure must have a floor
11-27 area of at least 500 square feet and a ceiling height of at least
12-1 eight feet.
12-2 (b) For each additional gorilla confined in the enclosure,
12-3 the floor area of the enclosure must be increased by 30 percent of
12-4 the minimum floor area required by Subsection (a).
12-5 Sec. 822.115. MINIMUM SPACE REQUIREMENTS: ORANGUTANS. (a)
12-6 For one or two orangutans or for a pair of orangutans and their
12-7 progeny under the age of two years, the primary enclosure must have
12-8 a floor area of at least 400 square feet and a ceiling height of at
12-9 least 10 feet.
12-10 (b) For each additional orangutan confined in the enclosure,
12-11 the floor area of the enclosure must be increased by 30 percent of
12-12 the minimum floor area required by Subsection (a).
12-13 Sec. 822.116. MINIMUM SPACE REQUIREMENTS: CHIMPANZEES. (a)
12-14 For one or two chimpanzees or for a pair of chimpanzees and their
12-15 progeny under the age of two years, the primary enclosure must have
12-16 a floor area of at least 300 square feet and a ceiling height of at
12-17 least 10 feet.
12-18 (b) For each additional chimpanzee confined in the
12-19 enclosure, the floor area of the enclosure must be increased by 30
12-20 percent of the minimum floor area required by Subsection (a).
12-21 Sec. 822.117. MINIMUM SPACE REQUIREMENTS: BABOONS. (a)
12-22 For one or two baboons or for a pair of baboons and their progeny
12-23 under the age of two years, the primary enclosure must have a floor
12-24 area of at least 200 square feet and a ceiling height of at least
12-25 eight feet.
12-26 (b) For each additional baboon confined in the enclosure,
12-27 the floor area of the enclosure must be increased by 30 percent of
13-1 the minimum floor area required by Subsection (a).
13-2 Sec. 822.118. MINIMUM SPACE REQUIREMENTS: BEARS. (a) For
13-3 one or two bears, the primary enclosure must have a floor area of
13-4 at least 600 square feet and a ceiling height of at least 10 feet.
13-5 (b) For each additional bear confined in the enclosure, the
13-6 floor area of the enclosure must be increased by 30 percent of the
13-7 minimum floor area required by Subsection (a).
13-8 Sec. 822.119. MINIMUM SPACE REQUIREMENTS: HYENAS. (a) For
13-9 one or two hyenas, the primary enclosure must have a floor area of
13-10 at least 300 square feet and a ceiling height of at least six feet.
13-11 (b) For each additional hyena confined in the enclosure, the
13-12 floor area of the enclosure must be increased by 30 percent of the
13-13 minimum floor area required by Subsection (a).
13-14 Sec. 822.120. MINIMUM SPACE REQUIREMENTS: LIONS, TIGERS,
13-15 CHEETAHS, AND SNOW LEOPARDS. (a) For one or two lions, tigers,
13-16 cheetahs, snow leopards, or hybrids of these animals, the primary
13-17 enclosure must have a floor area of at least 450 square feet and a
13-18 ceiling height of at least eight feet.
13-19 (b) For each additional lion, tiger, cheetah, snow leopard,
13-20 or hybrid animal confined in the enclosure, the floor area of the
13-21 enclosure must be increased by 30 percent of the minimum floor area
13-22 required by Subsection (a).
13-23 Sec. 822.121. MINIMUM SPACE REQUIREMENTS: COUGARS,
13-24 LEOPARDS, AND JAGUARS. (a) For one or two cougars, leopards,
13-25 jaguars, or hybrids of these animals, the primary enclosure must
13-26 have a floor area of at least 300 square feet and a ceiling height
13-27 of at least eight feet.
14-1 (b) For each additional cougar, leopard, jaguar, or hybrid
14-2 animal confined in the enclosure, the floor area of the enclosure
14-3 must be increased by 30 percent of the minimum floor area required
14-4 by Subsection (a).
14-5 Sec. 822.122. MINIMUM SPACE REQUIREMENTS: OCELOTS. (a)
14-6 For one or two ocelots or hybrids of ocelots, the primary enclosure
14-7 must have a floor area of at least 80 square feet and a ceiling
14-8 height of at least six feet.
14-9 (b) For each additional ocelot or hybrid animal confined in
14-10 the enclosure, the floor area of the enclosure must be increased by
14-11 30 percent of the minimum floor area required by Subsection (a).
14-12 Sec. 822.123. CONSTRUCTION REQUIREMENTS FOR PRIMARY
14-13 ENCLOSURES. (a) The primary enclosure in which a dangerous wild
14-14 animal is kept must meet the following specifications:
14-15 (1) the primary enclosure for a lion, tiger, jaguar,
14-16 snow leopard, bear, baboon, or any hybrid of these animals must be
14-17 constructed with not less than nine-gauge chain link or its
14-18 strength and design equivalent;
14-19 (2) the primary enclosure for a leopard, cougar,
14-20 ocelot, cheetah, hyena, or any hybrid of these animals must be
14-21 constructed with not less than 11-1/2 gauge chain link or its
14-22 strength and design equivalent; and
14-23 (3) the primary enclosure for a chimpanzee, orangutan,
14-24 or gorilla must be constructed of steel bars, two-inch galvanized
14-25 pipe, masonry block, or their strength equivalent.
14-26 (b) A primary enclosure constructed of chain link or its
14-27 strength equivalent must be well braced and securely anchored at
15-1 ground level and must use metal corners, clamps, ties, and braces
15-2 of strength equivalent to other materials prescribed for primary
15-3 enclosure construction for the species confined in the enclosure.
15-4 (c) A primary enclosure must be equipped with a lock and
15-5 locking mechanism to prevent an unauthorized person from opening
15-6 the enclosure.
15-7 (d) A primary enclosure must be equipped with safety
15-8 barriers to prevent physical contact with the animal by an
15-9 unauthorized person.
15-10 (e) A primary enclosure must be designed and constructed to
15-11 prevent the escape of the animal.
15-12 Sec. 822.124. CARE, TREATMENT, AND TRANSPORTATION OF ANIMAL.
15-13 (a) For each dangerous wild animal, the owner shall comply with
15-14 all applicable standards of the Animal Welfare Act (7 U.S.C.
15-15 Section 2131 et seq.) and its subsequent amendments and the
15-16 regulations adopted under that Act relating to:
15-17 (1) facilities and operations;
15-18 (2) animal health and husbandry; and
15-19 (3) veterinary care.
15-20 (b) An owner of a dangerous wild animal shall maintain a
15-21 separate written log for each dangerous wild animal documenting the
15-22 animal's veterinary care and shall make the log available to the
15-23 animal registration agency or its agent on request. The log must:
15-24 (1) identify the animal treated;
15-25 (2) provide the date of treatment;
15-26 (3) describe the type or nature of treatment; and
15-27 (4) provide the name of the attending veterinarian, if
16-1 applicable.
16-2 (c) When transporting a dangerous wild animal, the owner of
16-3 the animal, or a designated carrier or intermediate handler of the
16-4 animal, shall comply with all transportation standards that apply
16-5 to that animal under the Animal Welfare Act (7 U.S.C. Section 2131
16-6 et seq.) and its subsequent amendments or the regulations adopted
16-7 under that Act.
16-8 (d) A person is exempt from the requirements of this section
16-9 that are applicable to an animal for which the person holds a Class
16-10 A or Class B dealer's license or a Class C exhibitor's license
16-11 issued by the secretary of agriculture of the United States under
16-12 the Animal Welfare Act (7 U.S.C. Section 2131 et seq.) and its
16-13 subsequent amendments.
16-14 Sec. 822.125. OFFENSE AND PENALTY. (a) A person commits an
16-15 offense if the person violates Section 822.103(a) or 822.112. Each
16-16 animal with respect to which there is a violation and each day a
16-17 violation continues is a separate offense.
16-18 (b) An offense under this section is a Class C misdemeanor.
16-19 Sec. 822.126. CIVIL PENALTY. (a) A person who violates
16-20 Section 822.103(a) is liable for a civil penalty of not less than
16-21 $200 and not more than $2,000 for each animal with respect to which
16-22 there is a violation and for each day the violation continues.
16-23 (b) The county or municipality where the violation occurs
16-24 may sue to collect a civil penalty. A civil penalty collected
16-25 under this subsection may be retained by the county or
16-26 municipality.
16-27 (c) The county or municipality where the violation occurs
17-1 may also recover the reasonable costs of investigation, reasonable
17-2 attorney's fees, and reasonable expert witness fees incurred by the
17-3 animal registration agency in the civil action. Costs or fees
17-4 recovered under this subsection shall be credited to the operating
17-5 account from which payment for the expenditures was made.
17-6 Sec. 822.127. INJUNCTION. Any person who is directly harmed
17-7 or threatened with harm by a violation of this subchapter or a
17-8 failure to enforce this subchapter may sue the owner of a dangerous
17-9 wild animal to enjoin a violation of this subchapter or to enforce
17-10 this subchapter.
17-11 Sec. 822.128. EFFECT OF SUBCHAPTER ON OTHER LAW. (a) This
17-12 subchapter does not affect the applicability of:
17-13 (1) Subchapter B, Chapter 821;
17-14 (2) Subchapter C, Chapter 43, and Chapters 67 and 68,
17-15 Parks and Wildlife Code, and rules adopted under those laws;
17-16 (3) Subchapter A, Chapter 240, Local Government Code,
17-17 or an order adopted under that subchapter;
17-18 (4) Section 42.09, Penal Code; or
17-19 (5) any other law, rule, order, ordinance, or other
17-20 legal requirement of this state or a political subdivision of this
17-21 state.
17-22 (b) This subchapter does not prevent a municipality or
17-23 county from prohibiting or regulating by ordinance or order the
17-24 ownership, possession, or confinement of or regulating the care of
17-25 a dangerous wild animal.
17-26 SECTION 2. The heading to Subchapter A, Chapter 240, Local
17-27 Government Code, is amended to read as follows:
18-1 SUBCHAPTER A. REGULATION OF KEEPING OF DANGEROUS WILD ANIMALS
18-2 SECTION 3. Section 240.0025, Local Government Code, is
18-3 amended to read as follows:
18-4 Sec. 240.0025. REGULATION OF DANGEROUS WILD ANIMALS. (a)
18-5 The commissioners court of a county by order may prohibit or
18-6 regulate the keeping of a dangerous wild animal in the county.
18-7 (b) [The order does not apply:]
18-8 [(1) inside the limits of a municipality; or]
18-9 [(2) to an exhibitor licensed under the Animal Welfare
18-10 Act (7 U.S.C. Section 2131 et seq.).]
18-11 [(c)] In this section, "dangerous wild animal" has the
18-12 meaning assigned by Section 822.101, Health and Safety Code [means
18-13 a lion, tiger, ocelot, cougar, leopard, cheetah, jaguar, hyena,
18-14 bear, lesser panda, binturong, wolf, ape, elephant, and
18-15 rhinoceros].
18-16 SECTION 4. (a) Except as provided by this section, this Act
18-17 takes effect September 1, 1999.
18-18 (b) Section 822.125, Health and Safety Code, as added by
18-19 this Act, takes effect June 1, 2000.
18-20 SECTION 5. (a) A person is not required to obtain a
18-21 certificate of registration for a dangerous wild animal under
18-22 Subchapter E, Chapter 822, Health and Safety Code, as added by this
18-23 Act, before June 1, 2000.
18-24 (b) Not later than December 1, 1999, each municipality and
18-25 county shall adopt any ordinance or order necessary to implement
18-26 and administer the certificate of registration program created by
18-27 Subchapter E, Chapter 822, Health and Safety Code, as added by this
19-1 Act, including ordinances or orders relating to the application for
19-2 an original and renewal certificate of registration, fees for
19-3 registration and renewal, and the form and content of the
19-4 application and the certificate of registration.
19-5 SECTION 6. The importance of this legislation and the
19-6 crowded condition of the calendars in both houses create an
19-7 emergency and an imperative public necessity that the
19-8 constitutional rule requiring bills to be read on three several
19-9 days in each house be suspended, and this rule is hereby suspended.