76R13413 CMR-D                           
         By Goodman                                            H.B. No. 2259
         Substitute the following for H.B. No. 2259:
         By Swinford                                       C.S.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)  a gorilla; or
2-10                       (N)  any hybrid of an animal listed in this
2-11     subdivision.
2-12                 (4)  "Owner" means any person who owns, harbors, or has
2-13     custody or control of a dangerous wild animal.
2-14                 (5)  "Primary enclosure" means any structure used to
2-15     immediately restrict an animal to a limited amount of space,
2-16     including  a cage,  pen,  run, room, compartment, or hutch.
2-17                 (6)  "Wildlife sanctuary" means a nonprofit
2-18     organization described by Section 170(b)(1)(A)(vi), Internal
2-19     Revenue  Code of 1986, and its subsequent amendments, that:
2-20                       (A)  operates a place of refuge where abused,
2-21     neglected, unwanted, impounded, abandoned, orphaned, or displaced
2-22     wildlife are provided care for their lifetime or released back to
2-23     their natural habitats;
2-24                       (B)  does not conduct any commercial activity
2-25     with respect to any animal of which the organization is an owner;
2-26     and
2-27                       (C)  does not breed any animal of which the
 3-1     organization is an owner except as an integral part of a species
 3-2     survival plan of the American Zoo and Aquarium Association.
 3-3           Sec. 822.102.  APPLICABILITY OF SUBCHAPTER.  This subchapter
 3-4     does not apply to:
 3-5                 (1)  a person possessing or having custody of an
 3-6     injured, infirm, orphaned, or abandoned dangerous wild animal
 3-7     solely for the purpose of transporting the animal for care or
 3-8     treatment to a wildlife sanctuary, a licensed veterinarian, an
 3-9     incorporated humane society or animal  shelter, an organization
3-10     that is an accredited member of the American Zoo and Aquarium
3-11     Association, or a state, federal, or local  government  official,
3-12     with authority or apparent authority to  care for or treat the
3-13     animal;
3-14                 (2)  a person who holds a rehabilitation permit issued
3-15     under Subchapter C, Chapter 43, Parks and Wildlife Code, while the
3-16     person is rehabilitating, treating, or caring for an injured or
3-17     infirm dangerous wild animal;
3-18                 (3)  a licensed veterinarian, while the veterinarian is
3-19     rehabilitating, treating, or caring for an injured or infirm
3-20     dangerous wild animal;
3-21                 (4)  an incorporated humane society or animal shelter,
3-22     while the society or shelter is rehabilitating, treating, or caring
3-23     for an injured or infirm dangerous wild animal;
3-24                 (5)  a research facility, as that term is defined by
3-25     Section 2(e), Animal Welfare Act (7 U.S.C. Section 2132), and its
3-26     subsequent amendments, that is licensed by the secretary of
3-27     agriculture of the United States under that Act;
 4-1                 (6)  an agency of the state or the United States or an
 4-2     agent or  official of the agency acting in an official capacity;
 4-3                 (7)  an animal registration agency or law enforcement
 4-4     agency or any agent or official of an animal registration agency or
 4-5     law enforcement agency acting in an official capacity;
 4-6                 (8)  an organization that is an accredited member of
 4-7     the American Zoo and Aquarium Association;
 4-8                 (9)  a wildlife sanctuary;
 4-9                 (10)  a dangerous wild animal owned by and in the
4-10     custody and control of a  transient circus company that is not
4-11     based in this state if:
4-12                       (A)  the animal is used as an integral part of
4-13     the circus performances; and
4-14                       (B)  the animal is kept within this state only
4-15     during the time the circus is performing in this state;
4-16                 (11)  a dangerous wild animal that is:
4-17                       (A)  owned by or in the possession, control, or
4-18     custody of a person that is a participant in a species survival
4-19     plan of the American Zoo and Aquarium Association for that species;
4-20     and
4-21                       (B)  an integral part of that species survival
4-22     plan;
4-23                 (12)  a dangerous wild animal in the temporary custody
4-24     or control of a television or motion picture production company
4-25     during the filming of a television or motion picture production in
4-26     this state;
4-27                 (13)  a nonhuman primate owned by and in the control
 5-1     and custody of a person  whose only business is supplying nonhuman
 5-2     primates directly and exclusively to  biomedical research
 5-3     facilities and who holds a Class A or Class B dealer's license
 5-4     issued by the secretary of agriculture of the United States under
 5-5     the Animal Welfare Act (7 U.S.C. Section 2131 et seq.) and its
 5-6     subsequent amendments; and
 5-7                 (14)  a dangerous wild animal while being transported
 5-8     in interstate commerce through the state in compliance with the
 5-9     Animal Welfare Act (7 U.S.C. Section 2131 et seq.) and its
5-10     subsequent amendments and the regulations adopted under that Act.
5-11           Sec. 822.103.  CERTIFICATE OF REGISTRATION.  (a)  A person
5-12     may not own, harbor, or have custody or control of a dangerous wild
5-13     animal for any purpose unless the person holds a current
5-14     certificate of registration for that animal issued by an animal
5-15     registration agency under this subchapter.
5-16           (b)  The animal registration agency may require a separate
5-17     certificate of registration for each animal.
5-18           (c)  A certificate of registration issued under this
5-19     subchapter is not transferrable and is valid for one year after its
5-20     date of issuance or renewal unless revoked.
5-21           (d)  Each municipality and county by ordinance or order shall
5-22     establish and charge reasonable fees for application and renewal to
5-23     recover the costs associated with administration and enforcement of
5-24     this subchapter.  The fee may not exceed $50 for each animal and
5-25     the total fees may not exceed $500 for a person, regardless of the
5-26     number of animals owned by that person.  The fees collected under
5-27     this section may be used only to administer and enforce this
 6-1     subchapter.
 6-2           Sec. 822.104.  CERTIFICATE OF REGISTRATION APPLICATION.  (a)
 6-3     An applicant for an original or renewal certificate of registration
 6-4     for a dangerous wild animal must file an application with an animal
 6-5     registration agency on a form provided by the animal registration
 6-6     agency.
 6-7           (b)  The application must include:
 6-8                 (1)  the name, address, and telephone number of the
 6-9     applicant;
6-10                 (2)  a complete identification of each animal,
6-11     including species, sex, age, if known, and any distinguishing marks
6-12     or coloration that would aid in the identification of the animal;
6-13                 (3)  the exact location where each animal is to be
6-14     kept;
6-15                 (4)  a sworn statement that:
6-16                       (A)  all information in the application is
6-17     complete and accurate; and
6-18                       (B)  the applicant has read this subchapter and
6-19     that all facilities used by the applicant to confine or enclose the
6-20     animal comply with the requirements of this subchapter; and
6-21                 (5)  any other information the municipality or county
6-22     by rule or by ordinance or order requires.
6-23           (c)  An applicant shall include with each application:
6-24                 (1)  the nonrefundable fee;
6-25                 (2)  proof, in a form acceptable by the animal
6-26     registration agency, that the applicant has liability insurance, as
6-27     required by Section 822.105;
 7-1                 (3)  a color photograph of each animal being registered
 7-2     taken not earlier than the 30th day before the date the application
 7-3     is filed; and
 7-4                 (4)  a photograph and a statement of the dimensions of
 7-5     the primary enclosure in which each animal is to be kept and a
 7-6     scale diagram of the premises where each animal will be kept,
 7-7     including the location of any residence on the premises.
 7-8           (d)  If an applicant holds a valid Class A or Class B
 7-9     dealer's license or Class C exhibitor's license issued by the
7-10     secretary of agriculture of the United States under the Animal
7-11     Welfare Act (7 U.S.C. Section 2131 et seq.) and its subsequent
7-12     amendments, the applicant shall include a clear and legible
7-13     photocopy of the license with an application for an original or
7-14     renewal certificate of registration.
7-15           (e)  In addition to the items required under Subsection (c),
7-16     an application for renewal must include a statement signed by a
7-17     veterinarian licensed to practice in this state stating that the
7-18     veterinarian:
7-19                 (1)  inspected each animal being registered not earlier
7-20     than the 30th day before the date of the filing of the renewal
7-21     application; and
7-22                 (2)  finds that the care and treatment of each animal
7-23     by the owner meets or exceeds the standards prescribed under this
7-24     subchapter.
7-25           Sec. 822.105. LIABILITY INSURANCE.  The holder of a
7-26     certificate of registration issued by the animal registration
7-27     agency under this subchapter shall maintain liability insurance
 8-1     coverage in an amount of not less than $100,000 for each occurrence
 8-2     for liability for damages for destruction of or damage to property
 8-3     and death or bodily injury to a person caused by any dangerous wild
 8-4     animal owned by the holder.
 8-5           Sec. 822.106.  DENIAL OR REVOCATION OF CERTIFICATE OF
 8-6     REGISTRATION.  (a)  If the animal registration agency finds that an
 8-7     application for a certificate of registration or renewal under this
 8-8     subchapter does not meet the requirements of Section 822.104 or,
 8-9     after inspection, that an applicant has not complied with this
8-10     subchapter, the animal registration agency shall:
8-11                 (1)  deny the issuance of an original or renewal
8-12     certificate of registration; and
8-13                 (2)  notify the applicant in writing of the denial and
8-14     the reasons for the denial.
8-15           (b)  If the animal registration agency finds, after
8-16     inspection, that a registered owner provided false information in
8-17     or in connection with the application or has not complied with this
8-18     subchapter, the animal registration agency shall revoke the
8-19     certificate of registration and give the owner written notice of
8-20     the revocation and the reasons for the revocation.
8-21           (c)  A person may appeal the denial of an original or renewal
8-22     certificate of registration or the revocation of a certificate of
8-23     registration to a justice or municipal court not later than the
8-24     15th day after the date the person is notified that the original or
8-25     renewal certificate of registration has been denied or that the
8-26     certificate of registration has been revoked.  Either party may
8-27     appeal the decision of the justice or municipal court.
 9-1           (d)  The filing of an appeal of the denial of a renewal
 9-2     certificate of registration or the revocation of a certificate of
 9-3     registration under Subsection (c) stays the denial or revocation
 9-4     until the court rules on the appeal.
 9-5           Sec. 822.107.  FILING OF CERTIFICATE OF REGISTRATION.  Not
 9-6     later than the 10th day after the owner receives a certificate of
 9-7     registration, the owner shall file a clear and legible copy of the
 9-8     certificate of registration with the zoonosis control division of
 9-9     the Texas Department of Health.
9-10           Sec. 822.108.  DISPLAY OF CERTIFICATE OF REGISTRATION.  The
9-11     holder of a certificate of registration shall prominently display
9-12     the certificate at the premises where each animal that is the
9-13     subject of the certificate of registration is kept.
9-14           Sec. 822.109.  INSPECTION.  An owner of a dangerous wild
9-15     animal, at all reasonable times, shall allow the animal
9-16     registration agency, its agents, or any licensed veterinarian
9-17     designated by the animal registration agency to enter the premises
9-18     where the animal is kept and to inspect the animal, the primary
9-19     enclosure for the animal, and the owner's records relating to the
9-20     animal to ensure compliance with this subchapter.
9-21           Sec. 822.110.  RELOCATION OF ANIMAL.  An owner of a dangerous
9-22     wild animal may not permanently relocate the animal unless the
9-23     owner first notifies the animal registration agency in writing of
9-24     the exact location to which the animal will be moved and provides
9-25     the animal registration agency, with respect to the new location,
9-26     the information required by Section 822.104.
9-27           Sec. 822.111.  NOTICE OF SALE OR DEATH OF ANIMAL; NOTICE OF
 10-1    INJURY INFLICTED BY ANIMAL.  (a)  Not later than the 10th day after
 10-2    the date of the sale or other disposition or the death of a
 10-3    dangerous wild animal, the owner of the animal shall notify the
 10-4    animal registration agency in writing of the sale, disposition, or
 10-5    death.
 10-6          (b)  Not later than 48 hours after the time that a dangerous
 10-7    wild animal causes an injury to a human that requires medical
 10-8    treatment, the owner of the animal shall report the injury to the
 10-9    animal registration agency.  Not later than the 10th day after the
10-10    date of the injury, the owner shall submit to the animal
10-11    registration agency a detailed written report regarding the nature
10-12    and circumstances of the injury.
10-13          Sec. 822.112.  ESCAPE OF ANIMAL; LIABILITY.  (a)  An owner of
10-14    a dangerous wild animal shall immediately notify the animal
10-15    registration agency of any escape of the animal.
10-16          (b)  The owner of a dangerous wild animal that escapes is
10-17    liable for all costs incurred in apprehending and confining the
10-18    animal.
10-19          (c)  An animal control office or law enforcement agency or
10-20    the employees of an animal control office or law enforcement agency
10-21    are not liable to any person for damages arising in connection with
10-22    the escape of a dangerous wild animal, including liability for any
10-23    damage, injury, or death caused by the animal during or after the
10-24    animal's escape or any injury to or the death of the animal as a
10-25    result of apprehension or confinement of the animal after escape.
10-26          Sec. 822.113.  MINIMUM SPACE REQUIREMENTS FOR DANGEROUS WILD
10-27    ANIMALS; DEVIATIONS.  (a)  The primary enclosure in which a
 11-1    dangerous wild animal is kept must meet the minimum space
 11-2    requirements applicable to that animal under this subchapter.
 11-3          (b)  On approval of the animal registration agency, an owner
 11-4    may deviate from the minimum primary enclosure space requirements
 11-5    of this subchapter because of:
 11-6                (1)  the age of the animal; or
 11-7                (2)  the use of an unusual enclosure design, such as a
 11-8    moat, island, outdoor natural habitat enclosure, pit, or barrier.
 11-9          (c)  The animal registration agency may approve a deviation
11-10    under  Subsection (b) only if the agency finds that the overall
11-11    welfare of the animal involved and the public's health and safety
11-12    have not been compromised by the deviation.
11-13          Sec. 822.114.  MINIMUM SPACE REQUIREMENTS:  GORILLAS.  (a)
11-14    For one or two gorillas or for a pair of gorillas and their progeny
11-15    under the age of two years, the primary enclosure must have a floor
11-16    area of at least 500 square feet and a ceiling height of at least
11-17    eight feet.
11-18          (b)  For each additional gorilla confined in the enclosure,
11-19    the floor area of the enclosure must be increased by 30 percent of
11-20    the minimum floor area required by Subsection (a).
11-21          Sec. 822.115.  MINIMUM SPACE REQUIREMENTS:  CHIMPANZEES.  (a)
11-22    For one or two chimpanzees or for a pair of chimpanzees and their
11-23    progeny under the age of two years, the primary enclosure must have
11-24    a floor area of at least 300 square feet and a ceiling height of at
11-25    least 10 feet.
11-26          (b)  For each additional chimpanzee confined in the
11-27    enclosure, the floor area of the enclosure must be increased by 30
 12-1    percent of the minimum floor area required by Subsection (a).
 12-2          Sec. 822.116.  MINIMUM SPACE REQUIREMENTS:  BABOONS.  (a)
 12-3    For one or two baboons or for a pair of baboons and their progeny
 12-4    under the age of two years, the primary enclosure must have a floor
 12-5    area of at least 200 square feet and a ceiling height of at least
 12-6    eight feet.
 12-7          (b)  For each additional baboon confined in the enclosure,
 12-8    the floor area of the enclosure must be increased by 30 percent of
 12-9    the minimum floor area required by Subsection (a).
12-10          Sec. 822.117.  MINIMUM SPACE REQUIREMENTS:  BEARS.  (a)  For
12-11    one or two bears, the primary enclosure must have a floor area of
12-12    at least 600 square feet and a ceiling height of at least 10 feet.
12-13          (b)  For each additional bear confined in the enclosure, the
12-14    floor area of the enclosure must be increased by 30 percent of the
12-15    minimum floor area required by Subsection (a).
12-16          Sec. 822.118.  MINIMUM SPACE REQUIREMENTS:  HYENAS.  (a)  For
12-17    one or two hyenas, the primary enclosure must have a floor area of
12-18    at least 300 square feet and a ceiling height of at least six feet.
12-19          (b)  For each additional hyena confined in the enclosure, the
12-20    floor area of the enclosure must be increased by 30 percent of the
12-21    minimum floor area required by Subsection (a).
12-22          Sec. 822.119.  MINIMUM SPACE REQUIREMENTS:  LIONS, TIGERS,
12-23    CHEETAHS, AND SNOW LEOPARDS.  (a)  For one or two lions, tigers,
12-24    cheetahs, snow leopards, or hybrids of these animals, the primary
12-25    enclosure must have a floor area of at least  450 square feet and a
12-26    ceiling height of at least eight feet.
12-27          (b)  For each additional lion, tiger, cheetah, snow leopard,
 13-1    or hybrid animal confined in the enclosure, the floor area of the
 13-2    enclosure must be increased by 30 percent of the minimum floor area
 13-3    required by Subsection (a).
 13-4          Sec. 822.120.  MINIMUM SPACE REQUIREMENTS:  COUGARS,
 13-5    LEOPARDS, AND JAGUARS.  (a)  For one or two cougars, leopards,
 13-6    jaguars, or hybrids of these animals, the primary enclosure must
 13-7    have a floor area of at least 300 square feet and a ceiling height
 13-8    of at least eight feet.
 13-9          (b)  For each additional cougar, leopard, jaguar, or hybrid
13-10    animal confined in the enclosure, the floor area of the enclosure
13-11    must be increased by 30 percent of the minimum floor area required
13-12    by Subsection (a).
13-13          Sec. 822.121.  MINIMUM SPACE REQUIREMENTS:  OCELOTS.  (a)
13-14    For one or two ocelots or hybrids of ocelots, the primary enclosure
13-15    must have a floor area of at least 80 square feet and a ceiling
13-16    height of at least eight feet.
13-17          (b)  For each additional ocelot or hybrid animal confined in
13-18    the enclosure, the floor area of the enclosure must be increased by
13-19    30 percent of the minimum floor area required by Subsection (a).
13-20          Sec.  822.122.  CONSTRUCTION REQUIREMENTS FOR PRIMARY
13-21    ENCLOSURES.  (a)  The primary enclosure in which a dangerous wild
13-22    animal is kept must meet the following specifications:
13-23                (1)  the primary enclosure for a lion, tiger, jaguar,
13-24    snow leopard, bear, baboon, or any hybrid of these animals must be
13-25    constructed with not less than nine-gauge chain link or its
13-26    strength and design equivalent;
13-27                (2)  the primary enclosure for a leopard, cougar,
 14-1    ocelot, cheetah, hyena, or any  hybrid of these animals must be
 14-2    constructed with not less than 11-1/2 gauge chain link or its
 14-3    strength and design equivalent; and
 14-4                (3)  the primary enclosure for a chimpanzee or gorilla
 14-5    must be constructed of steel bars, two-inch galvanized pipe,
 14-6    masonry block, or their strength equivalent.
 14-7          (b)  A primary enclosure constructed of chain link or its
 14-8    strength equivalent must be well braced and securely anchored at
 14-9    ground level and must use metal corners, clamps, ties, and braces
14-10    of strength equivalent to other materials prescribed for primary
14-11    enclosure construction for the species confined in the enclosure.
14-12          (c)  A primary enclosure must be equipped with a lock and
14-13    locking mechanism to prevent an unauthorized person from opening
14-14    the enclosure.
14-15          (d)  A primary enclosure must be equipped with safety
14-16    barriers to prevent physical contact with the animal by an
14-17    unauthorized person.
14-18          (e)  A primary enclosure must be designed and constructed to
14-19    prevent the escape of the animal.
14-20          Sec. 822.123.  CARE, TREATMENT, AND TRANSPORTATION OF ANIMAL.
14-21    (a)  For each dangerous wild animal, the owner shall comply with
14-22    all applicable standards of the Animal Welfare Act (7 U.S.C.
14-23    Section 2131 et seq.) and its subsequent amendments and the
14-24    regulations adopted under that Act relating to:
14-25                (1)  facilities and operations;
14-26                (2)  animal health and husbandry; and
14-27                (3)  veterinary care.
 15-1          (b)  An owner of a dangerous wild animal shall maintain a
 15-2    separate written log for each dangerous wild animal documenting the
 15-3    animal's veterinary care and shall make the log available to the
 15-4    animal registration agency or its agent on request.  The log must:
 15-5                (1)  identify the animal treated;
 15-6                (2)  provide the date of treatment;
 15-7                (3)  describe the type or nature of treatment; and
 15-8                (4)  provide the name of the attending veterinarian, if
 15-9    applicable.
15-10          (c)  When transporting a dangerous wild animal, the owner of
15-11    the animal, or a designated carrier or intermediate handler of the
15-12    animal, shall comply with all transportation standards that apply
15-13    to that animal under the Animal Welfare Act (7 U.S.C. Section 2131
15-14    et seq.) and its subsequent amendments or the regulations adopted
15-15    under that Act.
15-16          (d)  A person is exempt from the requirements of this section
15-17    that are applicable to an animal for which the person holds a Class
15-18    A or Class B dealer's license or a Class C exhibitor's license
15-19    issued by the secretary of agriculture of the United States under
15-20    the Animal Welfare Act (7 U.S.C. Section 2131 et seq.) and its
15-21    subsequent amendments.
15-22          Sec. 822.124.  OFFENSE AND PENALTY.  (a)  A person commits an
15-23    offense if the person violates Section 822.103(a).  Each animal
15-24    with respect to which there is a violation and each day a violation
15-25    continues is a separate offense.
15-26          (b)  An offense under this section is a Class C misdemeanor.
15-27          Sec. 822.125.  CIVIL PENALTY.  (a)  A person who violates
 16-1    Section 822.103(a) is liable for a civil penalty of not less than
 16-2    $200 and not more than $2,000 for each animal with respect to which
 16-3    there is a violation and for each day the violation continues.
 16-4          (b)  The county or municipality where the violation occurs
 16-5    may sue to collect a civil penalty.  A civil penalty collected
 16-6    under this subsection may be retained by the county or
 16-7    municipality.
 16-8          (c)  The county or municipality where the violation occurs
 16-9    may also recover the reasonable costs of investigation, reasonable
16-10    attorney's fees, and reasonable expert witness fees incurred by the
16-11    animal registration agency in the civil action.  Costs or fees
16-12    recovered under this subsection shall be credited to the  operating
16-13    account from which payment for the expenditures was made.
16-14          Sec. 822.126.  INJUNCTION.  Any person who is directly harmed
16-15    or threatened with harm by a violation of this subchapter or a
16-16    failure to enforce this subchapter may sue the owner of a dangerous
16-17    wild animal to enjoin a violation of this subchapter or to enforce
16-18    this subchapter.
16-19          Sec. 822.127.  EFFECT OF SUBCHAPTER ON OTHER LAW.  (a)  This
16-20    subchapter does not affect the applicability of:
16-21                (1)  Subchapter B, Chapter 821;
16-22                (2)  Subchapter C, Chapter 43, and Chapters 67 and 68,
16-23    Parks and Wildlife Code, and rules adopted under those laws;
16-24                (3)  Subchapter A, Chapter 240, Local Government Code,
16-25    or an order adopted under that subchapter;
16-26                (4)  Section 42.09, Penal Code; or
16-27                (5)  any other law, rule, order, ordinance, or other
 17-1    legal requirement of this state or a political subdivision of this
 17-2    state.
 17-3          (b)  This subchapter does not prevent a municipality or
 17-4    county from prohibiting or regulating by ordinance or order the
 17-5    ownership, possession, or confinement of or regulating the care of
 17-6    a dangerous wild animal.
 17-7          SECTION 2.  The heading to Subchapter A, Chapter 240, Local
 17-8    Government Code, is amended to read as follows:
 17-9      SUBCHAPTER A.  REGULATION OF KEEPING OF DANGEROUS WILD ANIMALS
17-10          SECTION 3.  Section 240.0025, Local Government Code, is
17-11    amended to read as follows:
17-12          Sec. 240.0025.  REGULATION OF DANGEROUS WILD ANIMALS.  (a)
17-13    The commissioners court of a county by order may prohibit or
17-14    regulate the keeping of a dangerous wild animal in the county.
17-15          (b)  [The order does not apply:]
17-16                [(1)  inside the limits of a municipality; or]
17-17                [(2)  to an exhibitor licensed under the Animal Welfare
17-18    Act (7 U.S.C. Section 2131 et seq.).]
17-19          [(c)]  In this section, "dangerous wild animal" has the
17-20    meaning assigned by Section 822.101, Health and Safety Code [means
17-21    a lion, tiger, ocelot, cougar, leopard, cheetah, jaguar, hyena,
17-22    bear, lesser panda, binturong, wolf, ape, elephant, and
17-23    rhinoceros].
17-24          SECTION 4.  (a)  Except as provided by this section, this Act
17-25    takes effect September 1, 1999.
17-26          (b)  Section 822.124, Health and Safety Code, as added by
17-27    this Act, takes effect June 1, 2000.
 18-1          SECTION 5.  (a)  A person is not required to obtain a
 18-2    certificate of registration for a dangerous wild animal under
 18-3    Subchapter E, Chapter 822, Health and Safety Code, as added by this
 18-4    Act, before June 1, 2000.
 18-5          (b)  Not later than December 1, 1999, each municipality and
 18-6    county shall adopt any ordinance or order necessary to implement
 18-7    and administer the certificate of registration program created by
 18-8    Subchapter E, Chapter 822, Health and Safety Code, as added by this
 18-9    Act, including ordinances or orders relating to the application for
18-10    an original and renewal certificate of registration, fees for
18-11    registration and renewal, and the form and content of the
18-12    application and the certificate of registration.
18-13          SECTION 6.  The importance of this legislation and the
18-14    crowded condition of the calendars in both houses create an
18-15    emergency and an imperative public necessity that the
18-16    constitutional rule requiring bills to be read on three several
18-17    days in each house be suspended, and this rule is hereby suspended.