By Goodman H.B. No. 2259
76R4004 CMR-F
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) charging a fee for entertainment that uses
1-15 an animal or exhibition of the animal; or
1-16 (B) selling, trading, bartering, or auctioning
1-17 the animal or the animal's body parts.
1-18 (3) "Dangerous wild animal" means:
1-19 (A) a lion;
1-20 (B) a tiger;
1-21 (C) an ocelot;
1-22 (D) a cougar;
1-23 (E) a panther;
1-24 (F) a snow leopard;
2-1 (G) a leopard;
2-2 (H) a cheetah;
2-3 (I) a jaguar;
2-4 (J) a bobcat;
2-5 (K) a lynx;
2-6 (L) a serval;
2-7 (M) a caracal;
2-8 (N) a hyena;
2-9 (O) a bear;
2-10 (P) a wolf;
2-11 (Q) a coyote;
2-12 (R) a jackal;
2-13 (S) a wolverine;
2-14 (T) a binturong;
2-15 (U) an elephant;
2-16 (V) a baboon;
2-17 (W) a chimpanzee;
2-18 (X) an orangutan;
2-19 (Y) a gorilla; or
2-20 (Z) any hybrid of an animal listed in this
2-21 subdivision.
2-22 (4) "Owner" means any person who owns, harbors, or has
2-23 custody or control of a dangerous wild animal.
2-24 (5) "Primary enclosure" means any structure used to
2-25 immediately restrict an animal to a limited amount of space,
2-26 including a cage, pen, run, room, compartment, or hutch.
2-27 (6) "Wildlife sanctuary" means a nonprofit
3-1 organization exempt from federal taxation under Section 501(a),
3-2 Internal Revenue Code of 1986, and its subsequent amendments by
3-3 being listed as an exempt organization in Section 501(c)(3),
3-4 Internal Revenue Code of 1986, and its subsequent amendments, that:
3-5 (A) operates a place of refuge where abused,
3-6 neglected, unwanted, impounded, abandoned, orphaned, or displaced
3-7 wildlife are provided care for their lifetime or released back to
3-8 their natural habitats;
3-9 (B) does not conduct any commercial activity
3-10 with respect to any animal of which the organization is an owner;
3-11 and
3-12 (C) does not breed any animal of which the
3-13 organization is an owner except as an integral part of a species
3-14 survival plan of the American Zoo and Aquarium Association.
3-15 Sec. 822.102. APPLICABILITY OF SUBCHAPTER. This subchapter
3-16 does not apply to:
3-17 (1) a person possessing or having custody of an
3-18 injured, infirm, orphaned, or abandoned dangerous wild animal
3-19 solely for the purpose of transporting the animal for care or
3-20 treatment to a wildlife sanctuary, a licensed veterinarian, an
3-21 incorporated humane society or animal shelter, an organization
3-22 that is an accredited member of the American Zoo and Aquarium
3-23 Association, or a state, federal, or local government official,
3-24 with authority or apparent authority to care for or treat the
3-25 animal;
3-26 (2) a person who holds a permit issued under
3-27 Subchapter C, Chapter 43, Parks and Wildlife Code, authorizing the
4-1 person to possess the dangerous wild animal;
4-2 (3) a licensed veterinarian;
4-3 (4) an incorporated humane society or animal shelter,
4-4 while the society or shelter is rehabilitating, treating, or caring
4-5 for an injured or infirm dangerous wild animal;
4-6 (5) a research facility as that term is defined by
4-7 Section 2(e), Animal Welfare Act (7 U.S.C. Section 2132), and its
4-8 subsequent amendments that is licensed by the secretary of
4-9 agriculture of the United States under that Act;
4-10 (6) an agency of the state or the United States or an
4-11 agent or official of the agency acting in an official capacity;
4-12 (7) an animal registration agency or law enforcement
4-13 agency or any agent or official of an animal registration agency or
4-14 law enforcement agency acting in an official capacity;
4-15 (8) an organization that is an accredited member of
4-16 the American Zoo and Aquarium Association;
4-17 (9) a wildlife sanctuary;
4-18 (10) a dangerous wild animal owned by and in the
4-19 custody and control of a transient circus company that is not
4-20 based in this state if:
4-21 (A) the animal is used as an integral part of
4-22 the circus performances; and
4-23 (B) the animal is kept within this state only
4-24 during the time the circus is performing in this state;
4-25 (11) a dangerous wild animal that is:
4-26 (A) owned by or in the possession, control, or
4-27 custody of a person that is a participant in a species survival
5-1 plan of the American Zoo and Aquarium Association for that species;
5-2 and
5-3 (B) an integral part of that species survival
5-4 plan;
5-5 (12) a dangerous wild animal in the temporary custody
5-6 or control of a television or motion picture production company
5-7 during the filming of a television or motion picture production in
5-8 the state;
5-9 (13) a nonhuman primate owned by and in the control
5-10 and custody of a person whose only business is supplying nonhuman
5-11 primates directly and exclusively to biomedical research
5-12 facilities and who hold a Class "A" or "B" dealer's license issued
5-13 by the secretary of agriculture of the United States under the
5-14 Animal Welfare Act (7 U.S.C. Section 2131 et seq.) and its
5-15 subsequent amendments; and
5-16 (14) a dangerous wild animal while being transported
5-17 in interstate commerce through the state in compliance with the
5-18 Animal Welfare Act (7 U.S.C. Section 2131 et seq.) and its
5-19 subsequent amendments and the regulations adopted under that Act.
5-20 Sec. 822.103. CERTIFICATE OF REGISTRATION. (a) A person
5-21 may not own, harbor, or have custody or control of a dangerous wild
5-22 animal for any purpose unless the person holds a certificate of
5-23 registration for that animal issued by an animal registration
5-24 agency under this subchapter.
5-25 (b) The animal registration agency may require a separate
5-26 certificate of registration for each animal.
5-27 (c) A certificate of registration issued under this
6-1 subchapter is not transferrable and is valid for one year after its
6-2 date of issuance or renewal unless revoked.
6-3 (d) Each municipality and county by ordinance or order shall
6-4 establish and charge reasonable fees for application and renewal
6-5 sufficient to pay the costs of administration and enforcement of
6-6 this subchapter.
6-7 Sec. 822.104. CERTIFICATE OF REGISTRATION APPLICATION. (a)
6-8 An applicant for a certificate of registration for a dangerous wild
6-9 animal must file an application with an animal registration agency
6-10 on a form provided by the animal registration agency.
6-11 (b) The application must include:
6-12 (1) the name, address, and telephone number of the
6-13 applicant;
6-14 (2) a complete identification of each animal,
6-15 including species, sex, age, if known, and any distinguishing marks
6-16 or coloration that would aid in the identification of the animal;
6-17 (3) the exact location where each animal is to be
6-18 kept;
6-19 (4) a sworn statement that:
6-20 (A) all information in the application is
6-21 complete and accurate; and
6-22 (B) the applicant has read this subchapter and
6-23 that all facilities used by the applicant to confine or enclose the
6-24 animal comply with the requirements of this subchapter; and
6-25 (5) any other information the municipality or county
6-26 by rule or by ordinance or order requires.
6-27 (c) An applicant shall include with each application:
7-1 (1) the nonrefundable fee;
7-2 (2) proof, in a form acceptable by the animal
7-3 registration agency, that the applicant has liability insurance, as
7-4 required by Section 822.105;
7-5 (3) a color photograph of each animal being registered
7-6 taken not earlier than the 30th day before the date the application
7-7 is filed; and
7-8 (4) a photograph and a statement of the dimensions of
7-9 the primary enclosure in which each animal is to be kept and a
7-10 scale diagram of the premises where each animal will be kept,
7-11 including the location of any residence on the premises.
7-12 (d) In addition to the items required under Subsection (c),
7-13 an application for renewal must include a statement signed by a
7-14 veterinarian licensed to practice in this state stating that the
7-15 veterinarian:
7-16 (1) inspected each animal being registered and the
7-17 primary enclosure in which each animal is to be kept not earlier
7-18 than the 30th day before the date of the filing of the renewal
7-19 application; and
7-20 (2) finds that the housing, care, and treatment of
7-21 each animal by the owner meets or exceeds the standards prescribed
7-22 under this subchapter.
7-23 Sec. 822.105. LIABILITY INSURANCE. The holder of a
7-24 certificate of registration issued by the animal registration
7-25 agency under this subchapter shall maintain for each registered
7-26 dangerous wild animal liability insurance coverage in an amount not
7-27 less than $100,000 for liability for damages for destruction of or
8-1 damage to property and death or bodily injury to a person caused by
8-2 the animal.
8-3 Sec. 822.106. DENIAL OR REVOCATION OF CERTIFICATE OF
8-4 REGISTRATION. (a) If the animal registration agency finds that an
8-5 application for a certificate of registration or renewal under this
8-6 subchapter does not meet the requirements of Section 855.104 or,
8-7 after inspection, that an applicant has not complied with this
8-8 subchapter, the animal registration agency shall:
8-9 (1) deny the issuance of an original or renewal
8-10 certificate of registration; and
8-11 (2) notify the applicant in writing of the denial and
8-12 the reasons for the denial.
8-13 (b) If the animal registration agency finds, after
8-14 inspection, that a registered owner provided false information in
8-15 or in connection with the application or has not complied with this
8-16 subchapter, the animal registration agency shall revoke the
8-17 certificate of registration and give the owner written notice of
8-18 the revocation and the reasons for the revocation.
8-19 (c) A person may appeal the denial or revocation of a
8-20 certificate of registration to a justice or municipal court not
8-21 later than the 15th day after the date the person is notified that
8-22 the certificate of registration has been denied or revoked. Either
8-23 party may appeal the decision of the justice or municipal court.
8-24 (d) The filing of an appeal of the revocation of a
8-25 certificate of registration under Subsection (c) stays the
8-26 revocation until the court rules on the appeal.
8-27 Sec. 822.107. DISPLAY OF CERTIFICATE OF REGISTRATION. The
9-1 holder of a certificate of registration shall prominently display
9-2 the certificate at the premises where each animal that is the
9-3 subject of the certificate of registration is kept.
9-4 Sec. 822.108. INSPECTION. An owner of a dangerous wild
9-5 animal, at all reasonable times, shall allow the animal
9-6 registration agency, its agents, or any licensed veterinarian
9-7 designated by the animal registration agency to enter the premises
9-8 where the animal is kept and to inspect the animal, the primary
9-9 enclosure for the animal, and the owner's records relating to the
9-10 animal to ensure compliance with this subchapter.
9-11 Sec. 822.109. RELOCATION OF ANIMAL. An owner of a dangerous
9-12 wild animal may not permanently relocate the animal unless the
9-13 owner first notifies the animal registration agency in writing of
9-14 the exact location to which the animal will be moved and provides
9-15 the animal registration agency, with respect to the new location,
9-16 the information required by Section 822.104.
9-17 Sec. 822.110. NOTICE OF SALE OR DEATH OF ANIMAL; NOTICE OF
9-18 INJURY INFLICTED BY ANIMAL. (a) Not later than the 10th day after
9-19 the date of the sale or other disposition or the death of a
9-20 dangerous wild animal, the owner of the animal shall notify the
9-21 animal registration agency in writing of the sale, disposition, or
9-22 death.
9-23 (b) Not later than 48 hours after the time that a dangerous
9-24 wild animal causes an injury to a human that requires medical
9-25 treatment, the owner of the animal shall report the injury to the
9-26 animal registration agency. Not later than the 10th day after the
9-27 date of the injury, the owner shall submit to the animal
10-1 registration agency a detailed written report regarding the nature
10-2 and circumstances of the injury.
10-3 Sec. 822.111. ESCAPE OF ANIMAL; LIABILITY. (a) An owner of
10-4 a dangerous wild animal shall immediately notify the animal
10-5 registration agency of any escape of the animal.
10-6 (b) The owner of a dangerous wild animal that escapes is
10-7 liable for all costs incurred in apprehending and confining the
10-8 animal.
10-9 (c) An animal control office or law enforcement agency or
10-10 the employees of an animal control office or law enforcement agency
10-11 are not liable to any person for damages arising in connection with
10-12 the escape of a dangerous wild animal, including liability for any
10-13 damage, injury, or death caused by the animal during or after the
10-14 animal's escape or any injury to or the death of the animal as a
10-15 result of apprehension or confinement of the animal after escape.
10-16 Sec. 822.112. MINIMUM SPACE REQUIREMENTS FOR DANGEROUS WILD
10-17 ANIMALS; DEVIATIONS. (a) The primary enclosure in which a
10-18 dangerous wild animal is kept must meet the minimum space
10-19 requirements applicable to that animal under this subchapter.
10-20 (b) On approval of the animal registration agency, an owner
10-21 may deviate from the minimum primary enclosure size requirements of
10-22 this subchapter because of:
10-23 (1) the age of the animal; or
10-24 (2) the use of an unusual enclosure design, such as a
10-25 moat, island, outdoor natural habitat enclosure, pit, or barrier.
10-26 (c) The animal registration agency may approve a deviation
10-27 under Subsection (b) only if the agency finds that the overall
11-1 welfare of the animal involved and the public's health and safety
11-2 have not been compromised by the deviation.
11-3 Sec. 822.113. MINIMUM SPACE REQUIREMENTS: GORILLAS. (a)
11-4 For one or two gorillas or for a pair of gorillas and their progeny
11-5 under the age of two years, the primary enclosure must have a floor
11-6 area of at least 500 square feet and a ceiling height of at least
11-7 eight feet.
11-8 (b) For each additional gorilla confined in the enclosure,
11-9 the floor area of the enclosure must be increased by 30 percent of
11-10 the minimum floor area required by Subsection (a).
11-11 Sec. 822.114. MINIMUM SPACE REQUIREMENTS: ORANGUTANS. (a)
11-12 For one or two orangutans or for a pair of orangutans and their
11-13 progeny under the age of two years, the primary enclosure must have
11-14 a floor area of at least 400 square feet and a ceiling height of at
11-15 least 10 feet.
11-16 (b) For each additional orangutan confined in the enclosure,
11-17 the floor area of the enclosure must be increased by 30 percent of
11-18 the minimum floor area required by Subsection (a).
11-19 Sec. 822.115. MINIMUM SPACE REQUIREMENTS: CHIMPANZEES. (a)
11-20 For one or two chimpanzees or for a pair of chimpanzees and their
11-21 progeny under the age of two years, the primary enclosure must have
11-22 a floor area of at least 300 square feet and a ceiling height of at
11-23 least 10 feet.
11-24 (b) For each additional chimpanzee confined in the
11-25 enclosure, the floor area of the enclosure must be increased by 30
11-26 percent of the minimum floor area required by Subsection (a).
11-27 Sec. 822.116. MINIMUM SPACE REQUIREMENTS: BABOONS. (a)
12-1 For one or two baboons or for a pair of baboons and their progeny
12-2 under the age of two years, the primary enclosure must have a floor
12-3 area of at least 200 square feet and a ceiling height of at least
12-4 eight feet.
12-5 (b) For each additional baboon confined in the enclosure,
12-6 the floor area of the enclosure must be increased by 30 percent of
12-7 the minimum floor area required by Subsection (a).
12-8 Sec. 822.117. MINIMUM SPACE REQUIREMENTS: JACKALS, COYOTES,
12-9 AND WOLVERINES. (a) For one or two jackals, coyotes, wolverines,
12-10 or hybrids of these animals, the primary enclosure must have a
12-11 floor area of at least 200 square feet and a ceiling height of at
12-12 least six feet.
12-13 (b) For each additional jackal, coyote, wolverine, or hybrid
12-14 animal confined in the enclosure, the floor area of the enclosure
12-15 must be increased by 30 percent of the minimum floor area required
12-16 by Subsection (a).
12-17 Sec. 822.118. MINIMUM SPACE REQUIREMENTS: WOLVES. (a) For
12-18 one or two wolves or hybrids of wolves, the primary enclosure must
12-19 have a floor area of at least 300 square feet and a ceiling height
12-20 of at least six feet.
12-21 (b) For each additional wolf or hybrid animal confined in
12-22 the enclosure, the floor area of the enclosure must be increased by
12-23 30 percent of the minimum floor area required by Subsection (a).
12-24 Sec. 822.119. MINIMUM SPACE REQUIREMENTS: BEARS. (a) For
12-25 one or two bears, the primary enclosure must have a floor area of
12-26 at least 600 square feet and a ceiling height of at least 10 feet.
12-27 (b) For each additional bear confined in the enclosure, the
13-1 floor area of the enclosure must be increased by 30 percent of the
13-2 minimum floor area required by Subsection (a).
13-3 Sec. 822.120. MINIMUM SPACE REQUIREMENTS: BINTURONGS. (a)
13-4 For one or two binturongs, the primary enclosure must have a floor
13-5 area of at least 150 square feet and a ceiling height of at least
13-6 eight feet.
13-7 (b) For each additional binturong confined in the enclosure,
13-8 the floor area of the enclosure must be increased by 30 percent of
13-9 the minimum floor area required by Subsection (a).
13-10 Sec. 822.121. MINIMUM SPACE REQUIREMENTS: HYENAS. (a) For
13-11 one or two hyenas, the primary enclosure must have a floor area of
13-12 at least 300 square feet and a ceiling height of at least six feet.
13-13 (b) For each additional hyena confined in the enclosure, the
13-14 floor area of the enclosure must be increased by 30 percent of the
13-15 minimum floor area required by Subsection (a).
13-16 Sec. 822.122. MINIMUM SPACE REQUIREMENTS: LIONS, TIGERS,
13-17 CHEETAHS, AND SNOW LEOPARDS. (a) For one or two lions, tigers,
13-18 cheetahs, snow leopards, or hybrids of these animals, the primary
13-19 enclosure must have a floor area of at least 450 square feet and a
13-20 ceiling height of at least eight feet.
13-21 (b) For each additional lion, tiger, cheetah, snow leopard,
13-22 or hybrid animal confined in the enclosure, the floor area of the
13-23 enclosure must be increased by 30 percent of the minimum floor area
13-24 required by Subsection (a).
13-25 Sec. 822.123. MINIMUM SPACE REQUIREMENTS: COUGARS,
13-26 LEOPARDS, PANTHERS, AND JAGUARS. (a) For one or two cougars,
13-27 leopards, panthers, jaguars, or hybrids of these animals, the
14-1 primary enclosure must have a floor area of at least 300 square
14-2 feet and a ceiling height of at least eight feet.
14-3 (b) For each additional cougar, leopard, panther, jaguar, or
14-4 hybrid animal confined in the enclosure, the floor area of the
14-5 enclosure must be increased by 30 percent of the minimum floor area
14-6 required by Subsection (a).
14-7 Sec. 822.124. MINIMUM SPACE REQUIREMENTS: BOBCATS, OCELOTS,
14-8 SERVALS, CARACALS, AND LYNX. (a) For one or two bobcats, ocelots,
14-9 servals, caracals, lynx, or hybrids of these animals, the primary
14-10 enclosure must have a floor area of at least 80 square feet and a
14-11 ceiling height of at least eight feet.
14-12 (b) For each additional bobcat, ocelot, serval, caracal,
14-13 lynx, or hybrid animal confined in the enclosure, the floor area of
14-14 the enclosure must be increased by 30 percent of the minimum floor
14-15 area required by Subsection (a).
14-16 Sec. 822.125. MINIMUM SPACE REQUIREMENTS: ELEPHANTS. (a)
14-17 For one or two elephants, the primary enclosure must have a floor
14-18 area of at least 1,500 square feet and a ceiling height of at least
14-19 12 feet.
14-20 (b) For each additional elephant confined in the enclosure,
14-21 the floor area of the enclosure must be increased by 30 percent of
14-22 the minimum floor area required by Subsection (a).
14-23 Sec. 822.126. CONSTRUCTION REQUIREMENTS FOR PRIMARY
14-24 ENCLOSURES. (a) The primary enclosure in which a dangerous wild
14-25 animal is kept must meet the following specifications:
14-26 (1) the primary enclosure for a lion, tiger, jaguar,
14-27 snow leopard, bear, or any hybrid of these animals must be
15-1 constructed with not less than nine-gauge chain link or its
15-2 strength and design equivalent;
15-3 (2) the primary enclosure for a leopard, cougar,
15-4 panther, ocelot, cheetah, hyena, bobcat, serval, caracal, lynx,
15-5 wolf, wolverine, coyote, jackal, binturong, or any hybrid of these
15-6 animals must be constructed with not less than 11-1/2 gauge chain
15-7 link or its strength and design equivalent;
15-8 (3) the primary enclosure for a baboon, chimpanzee,
15-9 orangutan, or gorilla must be constructed of steel bars, two-inch
15-10 galvanized pipe, masonry block, or their strength equivalent; and
15-11 (4) the primary enclosures for cages or other
15-12 confinement facilities confining an elephant must be constructed of
15-13 steel bars, masonry block, or their strength equivalent.
15-14 (b) A primary enclosure constructed of chain link or its
15-15 strength equivalent must be well braced and securely anchored at
15-16 ground level and must use metal corners, clamps, ties, and braces
15-17 of strength equivalent to other materials prescribed for primary
15-18 enclosure construction for the species confined in the enclosure.
15-19 (c) A primary enclosure must be equipped with a lock and
15-20 locking mechanism to prevent an unauthorized person from opening
15-21 the enclosure.
15-22 (d) A primary enclosure must be designed and constructed to
15-23 prevent the escape of the animal.
15-24 Sec. 822.127. CARE, TREATMENT, AND TRANSPORTATION OF ANIMAL.
15-25 (a) For each dangerous wild animal, the owner shall comply with
15-26 all applicable standards of the Animal Welfare Act (7 U.S.C.
15-27 Section 2131, et seq.) and its subsequent amendments and the
16-1 regulations adopted under that Act relating to:
16-2 (1) facilities and operations;
16-3 (2) animal health and husbandry; and
16-4 (3) veterinary care.
16-5 (b) An owner of a dangerous wild animal shall maintain a
16-6 separate written log for each dangerous wild animal documenting the
16-7 animal's veterinary care and shall make the log available to the
16-8 animal registration agency or its agent on request. The log must:
16-9 (1) identify the animal treated;
16-10 (2) provide the date of treatment;
16-11 (3) describe the type or nature of treatment; and
16-12 (4) provide the name of the attending veterinarian, if
16-13 applicable.
16-14 (c) When transporting a dangerous wild animal, the owner of
16-15 the animal, or a designated carrier or intermediate handler of the
16-16 animal, shall comply with all transportation standards that apply
16-17 to that animal under the Animal Welfare Act (7 U.S.C. Section 2131,
16-18 et seq.) and its subsequent amendments or the regulations adopted
16-19 under that Act.
16-20 Sec. 822.128. OFFENSE AND PENALTY. (a) A person commits an
16-21 offense if the person violates Section 822.103(a). Each animal
16-22 with respect to which there is a violation and each day that a
16-23 violation continues is a separate offense.
16-24 (b) An offense under this section is a Class C misdemeanor.
16-25 Sec. 822.129. CIVIL PENALTY. (a) A person who violates
16-26 Section 822.103(a) is liable for a civil penalty of not less than
16-27 $200 and not more than $2,000 for each animal with respect to which
17-1 there is a violation and for each day the violation continues.
17-2 (b) The county or municipality where the violation occurs
17-3 may sue to collect a civil penalty. A civil penalty collected
17-4 under this subsection may be retained by the county or
17-5 municipality.
17-6 (c) The county or municipality where the violation occurs
17-7 may also recover the reasonable costs of investigation, reasonable
17-8 attorney's fees, and reasonable expert witness fees incurred by the
17-9 animal registration agency in the civil action. Costs or fees
17-10 recovered under this subsection shall be credited to the operating
17-11 account from which payment for the animal registration agency's
17-12 expenditures was made.
17-13 Sec. 822.130. INJUNCTION. Any person may sue to enjoin a
17-14 violation of this subchapter or to enforce this subchapter.
17-15 Sec. 822.131. EFFECT OF SUBCHAPTER ON OTHER LAW. (a) This
17-16 subchapter does not affect the applicability of:
17-17 (1) Subchapter B, Chapter 821;
17-18 (2) Subchapter C, Chapter 43, and Chapters 67 and 68,
17-19 Parks and Wildlife Code, and rules adopted under those laws;
17-20 (3) Subchapter A, Chapter 240, Local Government Code,
17-21 or an order adopted under that subchapter;
17-22 (4) Section 42.09, Penal Code; or
17-23 (5) any other law, rule, order, ordinance, or other
17-24 legal requirement of this state or a political subdivision of this
17-25 state.
17-26 (b) This subchapter does not prevent a municipality or
17-27 county from prohibiting or regulating by ordinance or order the
18-1 ownership, possession, or confinement of or regulating the care of
18-2 a dangerous wild animal.
18-3 SECTION 2. The heading to Subchapter A, Chapter 240, Local
18-4 Government Code, is amended to read as follows:
18-5 SUBCHAPTER A. REGULATION OF KEEPING OF DANGEROUS WILD ANIMALS
18-6 SECTION 3. Section 240.0025, Local Government Code, is
18-7 amended to read as follows:
18-8 Sec. 240.0025. REGULATION OF DANGEROUS WILD ANIMALS. (a)
18-9 The commissioners court of a county by order may prohibit or
18-10 regulate the keeping of a dangerous wild animal in the county.
18-11 (b) [The order does not apply:]
18-12 [(1) inside the limits of a municipality; or]
18-13 [(2) to an exhibitor licensed under the Animal Welfare
18-14 Act (7 U.S.C. Section 2131 et seq.).]
18-15 [(c)] In this section, "dangerous wild animal" has the
18-16 meaning assigned by Section 822.101, Health and Safety Code [means
18-17 a lion, tiger, ocelot, cougar, leopard, cheetah, jaguar, hyena,
18-18 bear, lesser panda, binturong, wolf, ape, elephant, and
18-19 rhinoceros].
18-20 SECTION 4. (a) Except as provided by this section, this Act
18-21 takes effect September 1, 1999.
18-22 (b) Section 822.128, Health and Safety Code, as added by
18-23 this Act, takes effect June 1, 2000.
18-24 SECTION 5. (a) A person is not required to obtain a
18-25 certificate of registration for a dangerous wild animal under
18-26 Subchapter E, Chapter 822, Health and Safety Code, as added by this
18-27 Act, before June 1, 2000.
19-1 (b) Not later than December 1, 1999, each municipality and
19-2 county shall adopt any ordinance or order necessary to implement
19-3 and administer the certificate of registration program created by
19-4 Subchapter E, Chapter 822, Health and Safety Code, as added by this
19-5 Act, including ordinances or orders relating to the application for
19-6 a certificate of registration, fees for registration and renewal,
19-7 and the form and content of the certificate of registration.
19-8 SECTION 6. The importance of this legislation and the
19-9 crowded condition of the calendars in both houses create an
19-10 emergency and an imperative public necessity that the
19-11 constitutional rule requiring bills to be read on three several
19-12 days in each house be suspended, and this rule is hereby suspended.