1-1 By: Goodman, Danburg, Greenberg H.B. No. 2259
1-2 (Senate Sponsor - Madla)
1-3 (In the Senate - Received from the House May 13, 1999;
1-4 May 14, 1999, read first time and referred to Committee on
1-5 Intergovernmental Relations; May 14, 1999, reported favorably by
1-6 the following vote: Yeas 3, Nays 0; May 14, 1999, sent to
1-7 printer.)
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the regulation of dangerous wild animals; imposing
1-11 civil and criminal penalties.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Chapter 822, Health and Safety Code, is amended
1-14 by adding Subchapter E to read as follows:
1-15 SUBCHAPTER E. DANGEROUS WILD ANIMALS
1-16 Sec. 822.101. DEFINITIONS. In this subchapter:
1-17 (1) "Animal registration agency" means the municipal
1-18 or county animal control office with authority over the area where
1-19 a dangerous wild animal is kept or a county sheriff in an area that
1-20 does not have an animal control office.
1-21 (2) "Commercial activity" means:
1-22 (A) conducting for profit any activity that is
1-23 not inherent to the animal's nature;
1-24 (B) charging a fee for entertainment that uses
1-25 the animal or exhibition of the animal; or
1-26 (C) selling, trading, bartering, or auctioning
1-27 the animal or the animal's body parts.
1-28 (3) "Dangerous wild animal" means:
1-29 (A) a lion;
1-30 (B) a tiger;
1-31 (C) an ocelot;
1-32 (D) a cougar;
1-33 (E) a snow leopard;
1-34 (F) a leopard;
1-35 (G) a cheetah;
1-36 (H) a jaguar;
1-37 (I) a hyena;
1-38 (J) a bear;
1-39 (K) a baboon;
1-40 (L) a chimpanzee;
1-41 (M) an orangutan;
1-42 (N) a gorilla; or
1-43 (O) any hybrid of an animal listed in this
1-44 subdivision.
1-45 (4) "Owner" means any person who owns, harbors, or has
1-46 custody or control of a dangerous wild animal.
1-47 (5) "Primary enclosure" means any structure used to
1-48 immediately restrict an animal to a limited amount of space,
1-49 including a cage, pen, run, room, compartment, or hutch.
1-50 (6) "Wildlife sanctuary" means a nonprofit
1-51 organization described by Section 170(b)(1)(A)(vi), Internal
1-52 Revenue Code of 1986, and its subsequent amendments, that:
1-53 (A) operates a place of refuge where abused,
1-54 neglected, unwanted, impounded, abandoned, orphaned, or displaced
1-55 wildlife are provided care for their lifetime or released back to
1-56 their natural habitats;
1-57 (B) does not conduct any commercial activity
1-58 with respect to any animal of which the organization is an owner;
1-59 and
1-60 (C) does not breed any animal of which the
1-61 organization is an owner except as an integral part of a species
1-62 survival plan of the American Zoo and Aquarium Association.
1-63 Sec. 822.102. APPLICABILITY OF SUBCHAPTER. This subchapter
1-64 does not apply to:
2-1 (1) a person possessing or having custody of an
2-2 injured, infirm, orphaned, or abandoned dangerous wild animal
2-3 solely for the purpose of transporting the animal for care or
2-4 treatment to a wildlife sanctuary, a licensed veterinarian, an
2-5 incorporated humane society or animal shelter, an organization
2-6 that is an accredited member of the American Zoo and Aquarium
2-7 Association, or a state, federal, or local government official,
2-8 with authority or apparent authority to care for or treat the
2-9 animal;
2-10 (2) a person who holds a rehabilitation permit issued
2-11 under Subchapter C, Chapter 43, Parks and Wildlife Code, while the
2-12 person is rehabilitating, treating, or caring for an injured or
2-13 infirm dangerous wild animal;
2-14 (3) a licensed veterinarian, while the veterinarian is
2-15 rehabilitating, treating, or caring for an injured or infirm
2-16 dangerous wild animal;
2-17 (4) an incorporated humane society or animal shelter,
2-18 while the society or shelter is rehabilitating, treating, or caring
2-19 for an injured or infirm dangerous wild animal;
2-20 (5) a research facility, as that term is defined by
2-21 Section 2(e), Animal Welfare Act (7 U.S.C. Section 2132), and its
2-22 subsequent amendments, that is licensed by the secretary of
2-23 agriculture of the United States under that Act;
2-24 (6) an agency of the state or the United States or an
2-25 agent or official of the agency acting in an official capacity;
2-26 (7) an animal registration agency or law enforcement
2-27 agency or any agent or official of an animal registration agency or
2-28 law enforcement agency acting in an official capacity;
2-29 (8) an organization that is an accredited member of
2-30 the American Zoo and Aquarium Association;
2-31 (9) a wildlife sanctuary;
2-32 (10) a dangerous wild animal owned by and in the
2-33 custody and control of a transient circus company that is not
2-34 based in this state if:
2-35 (A) the animal is used as an integral part of
2-36 the circus performances; and
2-37 (B) the animal is kept within this state only
2-38 during the time the circus is performing in this state;
2-39 (11) a dangerous wild animal that is:
2-40 (A) owned by or in the possession, control, or
2-41 custody of a person that is a participant in a species survival
2-42 plan of the American Zoo and Aquarium Association for that species;
2-43 and
2-44 (B) an integral part of that species survival
2-45 plan;
2-46 (12) a dangerous wild animal in the temporary custody
2-47 or control of a television or motion picture production company
2-48 during the filming of a television or motion picture production in
2-49 this state;
2-50 (13) a nonhuman primate owned by and in the control
2-51 and custody of a person whose only business is supplying nonhuman
2-52 primates directly and exclusively to biomedical research
2-53 facilities and who holds a Class A or Class B dealer's license
2-54 issued by the secretary of agriculture of the United States under
2-55 the Animal Welfare Act (7 U.S.C. Section 2131 et seq.) and its
2-56 subsequent amendments;
2-57 (14) a dangerous wild animal while being transported
2-58 in interstate commerce through the state in compliance with the
2-59 Animal Welfare Act (7 U.S.C. Section 2131 et seq.) and its
2-60 subsequent amendments and the regulations adopted under that Act;
2-61 and
2-62 (15) a dangerous wild animal owned by and in the
2-63 possession, custody, and control of a college or university solely
2-64 as a mascot for the college or university.
2-65 Sec. 822.103. CERTIFICATE OF REGISTRATION. (a) A
2-66 municipality or county by ordinance or order may prohibit a person
2-67 from owning, harboring, or having custody or control of a dangerous
2-68 wild animal for any purpose unless the person holds a current
2-69 certificate of registration for that animal issued by an animal
3-1 registration agency under this subchapter.
3-2 (b) The animal registration agency may require a separate
3-3 certificate of registration for each animal.
3-4 (c) A certificate of registration issued under this
3-5 subchapter is not transferrable and is valid for the duration of
3-6 the time the person owns, harbors, or has custody or control of a
3-7 dangerous wild animal unless revoked.
3-8 (d) Each municipality and county by ordinance or order may
3-9 establish and charge reasonable fees for application and renewal to
3-10 recover the costs associated with administration and enforcement of
3-11 this subchapter. The fee may not exceed $50 for each animal and
3-12 the total fees may not exceed $500 for a person, regardless of the
3-13 number of animals owned by that person. The fees collected under
3-14 this section may be used only to administer and enforce this
3-15 subchapter.
3-16 Sec. 822.104. CERTIFICATE OF REGISTRATION APPLICATION. (a)
3-17 An applicant for an original or renewal certificate of registration
3-18 for a dangerous wild animal must file an application with an animal
3-19 registration agency on a form provided by the animal registration
3-20 agency.
3-21 (b) The application must include:
3-22 (1) the name, address, and telephone number of the
3-23 applicant;
3-24 (2) a complete identification of each animal,
3-25 including species, sex, age, if known, and any distinguishing marks
3-26 or coloration that would aid in the identification of the animal;
3-27 (3) the exact location where each animal is to be
3-28 kept;
3-29 (4) a sworn statement that:
3-30 (A) all information in the application is
3-31 complete and accurate; and
3-32 (B) the applicant has read this subchapter and
3-33 that all facilities used by the applicant to confine or enclose the
3-34 animal comply with the requirements of this subchapter; and
3-35 (5) any other information the municipality or county
3-36 by rule or by ordinance or order requires.
3-37 (c) An applicant shall include with each application:
3-38 (1) the nonrefundable fee;
3-39 (2) proof, in a form acceptable by the animal
3-40 registration agency, that the applicant has liability insurance, as
3-41 required by Section 822.105;
3-42 (3) a color photograph of each animal being registered
3-43 taken not earlier than the 30th day before the date the application
3-44 is filed; and
3-45 (4) a photograph and a statement of the dimensions of
3-46 the primary enclosure in which each animal is to be kept and a
3-47 scale diagram of the premises where each animal will be kept,
3-48 including the location of any residence on the premises.
3-49 (d) If an applicant holds a valid Class A or Class B
3-50 dealer's license or Class C exhibitor's license issued by the
3-51 secretary of agriculture of the United States under the Animal
3-52 Welfare Act (7 U.S.C. Section 2131 et seq.) and its subsequent
3-53 amendments, the applicant shall include a clear and legible
3-54 photocopy of the license with an application for an original or
3-55 renewal certificate of registration.
3-56 (e) In addition to the items required under Subsection (c),
3-57 an application for renewal must include a statement signed by a
3-58 veterinarian licensed to practice in this state stating that the
3-59 veterinarian:
3-60 (1) inspected each animal being registered not earlier
3-61 than the 30th day before the date of the filing of the renewal
3-62 application; and
3-63 (2) finds that the care and treatment of each animal
3-64 by the owner meets or exceeds the standards prescribed under this
3-65 subchapter.
3-66 Sec. 822.105. LIABILITY INSURANCE. The holder of a
3-67 certificate of registration issued by the animal registration
3-68 agency under this subchapter shall maintain liability insurance
3-69 coverage in an amount of not less than $100,000 for each occurrence
4-1 for liability for damages for destruction of or damage to property
4-2 and death or bodily injury to a person caused by any dangerous wild
4-3 animal owned by the holder.
4-4 Sec. 822.106. DENIAL OR REVOCATION OF CERTIFICATE OF
4-5 REGISTRATION. (a) If the animal registration agency finds that an
4-6 application for a certificate of registration or renewal under this
4-7 subchapter does not meet the requirements of Section 822.104 or,
4-8 after inspection, that an applicant has not complied with this
4-9 subchapter, the animal registration agency shall:
4-10 (1) deny the issuance of an original or renewal
4-11 certificate of registration; and
4-12 (2) notify the applicant in writing of the denial and
4-13 the reasons for the denial.
4-14 (b) If the animal registration agency finds, after
4-15 inspection, that a registered owner provided false information in
4-16 or in connection with the application or has not complied with this
4-17 subchapter, the animal registration agency shall revoke the
4-18 certificate of registration and give the owner written notice of
4-19 the revocation and the reasons for the revocation.
4-20 (c) A person may appeal the denial of an original or renewal
4-21 certificate of registration or the revocation of a certificate of
4-22 registration to the justice court for the precinct in which the
4-23 animal is located or the municipal court in the municipality in
4-24 which the animal is located not later than the 15th day after the
4-25 date the person is notified that the original or renewal
4-26 certificate of registration has been denied or that the certificate
4-27 of registration has been revoked. Either party may appeal the
4-28 decision of the justice or municipal court to a county court at law
4-29 in the county in which the justice or municipal court is located.
4-30 The decision of the county court at law may not be appealed.
4-31 (d) The filing of an appeal of the denial of a renewal
4-32 certificate of registration or the revocation of a certificate of
4-33 registration under Subsection (c) stays the denial or revocation
4-34 until the court rules on the appeal.
4-35 Sec. 822.107. FILING OF CERTIFICATE OF REGISTRATION. Not
4-36 later than the 10th day after the owner receives a certificate of
4-37 registration, the owner shall file a clear and legible copy of the
4-38 certificate of registration with the zoonosis control division of
4-39 the Texas Department of Health.
4-40 Sec. 822.108. DISPLAY OF CERTIFICATE OF REGISTRATION. The
4-41 holder of a certificate of registration shall prominently display
4-42 the certificate at the premises where each animal that is the
4-43 subject of the certificate of registration is kept.
4-44 Sec. 822.109. INSPECTION. An owner of a dangerous wild
4-45 animal, at all reasonable times, shall allow the animal
4-46 registration agency, its agents, or any licensed veterinarian
4-47 designated by the animal registration agency to enter the premises
4-48 where the animal is kept and to inspect the animal, the primary
4-49 enclosure for the animal, and the owner's records relating to the
4-50 animal to ensure compliance with this subchapter.
4-51 Sec. 822.110. RELOCATION OF ANIMAL. An owner of a dangerous
4-52 wild animal may not permanently relocate the animal unless the
4-53 owner first notifies the animal registration agency in writing of
4-54 the exact location to which the animal will be moved and provides
4-55 the animal registration agency, with respect to the new location,
4-56 the information required by Section 822.104.
4-57 Sec. 822.111. NOTICE OF SALE OR DEATH OF ANIMAL; NOTICE OF
4-58 INJURY INFLICTED BY ANIMAL. (a) Not later than the 10th day after
4-59 the date of the sale or other disposition or the death of a
4-60 dangerous wild animal, the owner of the animal shall notify the
4-61 animal registration agency in writing of the sale, disposition, or
4-62 death.
4-63 (b) Not later than 48 hours after the time that a dangerous
4-64 wild animal causes an injury to a human that requires medical
4-65 treatment, the owner of the animal shall report the injury to the
4-66 animal registration agency. Not later than the 10th day after the
4-67 date of the injury, the owner shall submit to the animal
4-68 registration agency a detailed written report regarding the nature
4-69 and circumstances of the injury.
5-1 Sec. 822.112. ESCAPE OF ANIMAL; LIABILITY. (a) An owner of
5-2 a dangerous wild animal shall immediately notify the animal
5-3 registration agency of any escape of the animal.
5-4 (b) The owner of a dangerous wild animal that escapes is
5-5 liable for all costs incurred in apprehending and confining the
5-6 animal.
5-7 (c) An animal control office or law enforcement agency or
5-8 the employees of an animal control office or law enforcement agency
5-9 are not liable to any person for damages arising in connection with
5-10 the escape of a dangerous wild animal, including liability for any
5-11 damage, injury, or death caused by the animal during or after the
5-12 animal's escape or any injury to or the death of the animal as a
5-13 result of apprehension or confinement of the animal after escape.
5-14 Sec. 822.113. MINIMUM SPACE REQUIREMENTS FOR DANGEROUS WILD
5-15 ANIMALS; DEVIATIONS. (a) The primary enclosure in which a
5-16 dangerous wild animal is kept must meet the minimum space
5-17 requirements applicable to that animal under this subchapter.
5-18 (b) On approval of the animal registration agency, an owner
5-19 may deviate from the minimum primary enclosure space requirements
5-20 of this subchapter because of:
5-21 (1) the age of the animal; or
5-22 (2) the use of an unusual enclosure design, such as a
5-23 moat, island, outdoor natural habitat enclosure, pit, or barrier.
5-24 (c) The animal registration agency may approve a deviation
5-25 under Subsection (b) only if the agency finds that the overall
5-26 welfare of the animal involved and the public's health and safety
5-27 have not been compromised by the deviation.
5-28 Sec. 822.114. MINIMUM SPACE REQUIREMENTS: GORILLAS. (a)
5-29 For one or two gorillas or for a pair of gorillas and their progeny
5-30 under the age of two years, the primary enclosure must have a floor
5-31 area of at least 500 square feet and a ceiling height of at least
5-32 eight feet.
5-33 (b) For each additional gorilla confined in the enclosure,
5-34 the floor area of the enclosure must be increased by 30 percent of
5-35 the minimum floor area required by Subsection (a).
5-36 Sec. 822.115. MINIMUM SPACE REQUIREMENTS: ORANGUTANS. (a)
5-37 For one or two orangutans or for a pair of orangutans and their
5-38 progeny under the age of two years, the primary enclosure must have
5-39 a floor area of at least 400 square feet and a ceiling height of at
5-40 least 10 feet.
5-41 (b) For each additional orangutan confined in the enclosure,
5-42 the floor area of the enclosure must be increased by 30 percent of
5-43 the minimum floor area required by Subsection (a).
5-44 Sec. 822.116. MINIMUM SPACE REQUIREMENTS: CHIMPANZEES. (a)
5-45 For one or two chimpanzees or for a pair of chimpanzees and their
5-46 progeny under the age of two years, the primary enclosure must have
5-47 a floor area of at least 300 square feet and a ceiling height of at
5-48 least 10 feet.
5-49 (b) For each additional chimpanzee confined in the
5-50 enclosure, the floor area of the enclosure must be increased by 30
5-51 percent of the minimum floor area required by Subsection (a).
5-52 Sec. 822.117. MINIMUM SPACE REQUIREMENTS: BABOONS. (a)
5-53 For one or two baboons or for a pair of baboons and their progeny
5-54 under the age of two years, the primary enclosure must have a floor
5-55 area of at least 200 square feet and a ceiling height of at least
5-56 eight feet.
5-57 (b) For each additional baboon confined in the enclosure,
5-58 the floor area of the enclosure must be increased by 30 percent of
5-59 the minimum floor area required by Subsection (a).
5-60 Sec. 822.118. MINIMUM SPACE REQUIREMENTS: BEARS. (a) For
5-61 one or two bears, the primary enclosure must have a floor area of
5-62 at least 600 square feet and a ceiling height of at least 10 feet.
5-63 (b) For each additional bear confined in the enclosure, the
5-64 floor area of the enclosure must be increased by 30 percent of the
5-65 minimum floor area required by Subsection (a).
5-66 Sec. 822.119. MINIMUM SPACE REQUIREMENTS: HYENAS. (a) For
5-67 one or two hyenas, the primary enclosure must have a floor area of
5-68 at least 300 square feet and a ceiling height of at least six feet.
5-69 (b) For each additional hyena confined in the enclosure, the
6-1 floor area of the enclosure must be increased by 30 percent of the
6-2 minimum floor area required by Subsection (a).
6-3 Sec. 822.120. MINIMUM SPACE REQUIREMENTS: LIONS, TIGERS,
6-4 CHEETAHS, AND SNOW LEOPARDS. (a) For one or two lions, tigers,
6-5 cheetahs, snow leopards, or hybrids of these animals, the primary
6-6 enclosure must have a floor area of at least 450 square feet and a
6-7 ceiling height of at least eight feet.
6-8 (b) For each additional lion, tiger, cheetah, snow leopard,
6-9 or hybrid animal confined in the enclosure, the floor area of the
6-10 enclosure must be increased by 30 percent of the minimum floor area
6-11 required by Subsection (a).
6-12 Sec. 822.121. MINIMUM SPACE REQUIREMENTS: COUGARS,
6-13 LEOPARDS, AND JAGUARS. (a) For one or two cougars, leopards,
6-14 jaguars, or hybrids of these animals, the primary enclosure must
6-15 have a floor area of at least 300 square feet and a ceiling height
6-16 of at least eight feet.
6-17 (b) For each additional cougar, leopard, jaguar, or hybrid
6-18 animal confined in the enclosure, the floor area of the enclosure
6-19 must be increased by 30 percent of the minimum floor area required
6-20 by Subsection (a).
6-21 Sec. 822.122. MINIMUM SPACE REQUIREMENTS: OCELOTS. (a)
6-22 For one or two ocelots or hybrids of ocelots, the primary enclosure
6-23 must have a floor area of at least 80 square feet and a ceiling
6-24 height of at least six feet.
6-25 (b) For each additional ocelot or hybrid animal confined in
6-26 the enclosure, the floor area of the enclosure must be increased by
6-27 30 percent of the minimum floor area required by Subsection (a).
6-28 Sec. 822.123. CONSTRUCTION REQUIREMENTS FOR PRIMARY
6-29 ENCLOSURES. (a) The primary enclosure in which a dangerous wild
6-30 animal is kept must meet the following specifications:
6-31 (1) the primary enclosure for a lion, tiger, jaguar,
6-32 snow leopard, bear, baboon, or any hybrid of these animals must be
6-33 constructed with not less than nine-gauge chain link or its
6-34 strength and design equivalent;
6-35 (2) the primary enclosure for a leopard, cougar,
6-36 ocelot, cheetah, hyena, or any hybrid of these animals must be
6-37 constructed with not less than 11-1/2 gauge chain link or its
6-38 strength and design equivalent; and
6-39 (3) the primary enclosure for a chimpanzee, orangutan,
6-40 or gorilla must be constructed of steel bars, two-inch galvanized
6-41 pipe, masonry block, or their strength equivalent.
6-42 (b) A primary enclosure constructed of chain link or its
6-43 strength equivalent must be well braced and securely anchored at
6-44 ground level and must use metal corners, clamps, ties, and braces
6-45 of strength equivalent to other materials prescribed for primary
6-46 enclosure construction for the species confined in the enclosure.
6-47 (c) A primary enclosure must be equipped with a lock and
6-48 locking mechanism to prevent an unauthorized person from opening
6-49 the enclosure.
6-50 (d) A primary enclosure must be equipped with safety
6-51 barriers to prevent physical contact with the animal by an
6-52 unauthorized person.
6-53 (e) A primary enclosure must be designed and constructed to
6-54 prevent the escape of the animal.
6-55 Sec. 822.124. CARE, TREATMENT, AND TRANSPORTATION OF ANIMAL.
6-56 (a) For each dangerous wild animal, the owner shall comply with
6-57 all applicable standards of the Animal Welfare Act (7 U.S.C.
6-58 Section 2131 et seq.) and its subsequent amendments and the
6-59 regulations adopted under that Act relating to:
6-60 (1) facilities and operations;
6-61 (2) animal health and husbandry; and
6-62 (3) veterinary care.
6-63 (b) An owner of a dangerous wild animal shall maintain a
6-64 separate written log for each dangerous wild animal documenting the
6-65 animal's veterinary care and shall make the log available to the
6-66 animal registration agency or its agent on request. The log must:
6-67 (1) identify the animal treated;
6-68 (2) provide the date of treatment;
6-69 (3) describe the type or nature of treatment; and
7-1 (4) provide the name of the attending veterinarian, if
7-2 applicable.
7-3 (c) When transporting a dangerous wild animal, the owner of
7-4 the animal, or a designated carrier or intermediate handler of the
7-5 animal, shall comply with all transportation standards that apply
7-6 to that animal under the Animal Welfare Act (7 U.S.C. Section 2131
7-7 et seq.) and its subsequent amendments or the regulations adopted
7-8 under that Act.
7-9 (d) A person is exempt from the requirements of this section
7-10 that are applicable to an animal for which the person holds a Class
7-11 A or Class B dealer's license or a Class C exhibitor's license
7-12 issued by the secretary of agriculture of the United States under
7-13 the Animal Welfare Act (7 U.S.C. Section 2131 et seq.) and its
7-14 subsequent amendments.
7-15 Sec. 822.125. OFFENSE AND PENALTY. (a) A person commits an
7-16 offense if the person violates Section 822.103(a) or 822.112. Each
7-17 animal with respect to which there is a violation and each day a
7-18 violation continues is a separate offense.
7-19 (b) An offense under this section is a Class C misdemeanor.
7-20 Sec. 822.126. CIVIL PENALTY. (a) A person who violates
7-21 Section 822.103(a) is liable for a civil penalty of not less than
7-22 $200 and not more than $2,000 for each animal with respect to which
7-23 there is a violation and for each day the violation continues.
7-24 (b) The county or municipality where the violation occurs
7-25 may sue to collect a civil penalty. A civil penalty collected
7-26 under this subsection may be retained by the county or
7-27 municipality.
7-28 (c) The county or municipality where the violation occurs
7-29 may also recover the reasonable costs of investigation, reasonable
7-30 attorney's fees, and reasonable expert witness fees incurred by the
7-31 animal registration agency in the civil action. Costs or fees
7-32 recovered under this subsection shall be credited to the operating
7-33 account from which payment for the expenditures was made.
7-34 Sec. 822.127. INJUNCTION. Any person who is directly harmed
7-35 or threatened with harm by a violation of this subchapter or a
7-36 failure to enforce this subchapter may sue the owner of a dangerous
7-37 wild animal to enjoin a violation of this subchapter or to enforce
7-38 this subchapter.
7-39 Sec. 822.128. EFFECT OF SUBCHAPTER ON OTHER LAW. (a) This
7-40 subchapter does not affect the applicability of:
7-41 (1) Subchapter B, Chapter 821;
7-42 (2) Subchapter C, Chapter 43, and Chapters 67 and 68,
7-43 Parks and Wildlife Code, and rules adopted under those laws;
7-44 (3) Subchapter A, Chapter 240, Local Government Code,
7-45 or an order adopted under that subchapter;
7-46 (4) Section 42.09, Penal Code; or
7-47 (5) any other law, rule, order, ordinance, or other
7-48 legal requirement of this state or a political subdivision of this
7-49 state.
7-50 (b) This subchapter does not prevent a municipality or
7-51 county from prohibiting or regulating by ordinance or order the
7-52 ownership, possession, or confinement of or regulating the care of
7-53 a dangerous wild animal.
7-54 SECTION 2. The heading to Subchapter A, Chapter 240, Local
7-55 Government Code, is amended to read as follows:
7-56 SUBCHAPTER A. REGULATION OF KEEPING OF DANGEROUS WILD ANIMALS
7-57 SECTION 3. Section 240.0025, Local Government Code, is
7-58 amended to read as follows:
7-59 Sec. 240.0025. REGULATION OF DANGEROUS WILD ANIMALS. (a)
7-60 The commissioners court of a county by order may prohibit or
7-61 regulate the keeping of a dangerous wild animal in the county.
7-62 (b) [The order does not apply:]
7-63 [(1) inside the limits of a municipality; or]
7-64 [(2) to an exhibitor licensed under the Animal Welfare
7-65 Act (7 U.S.C. Section 2131 et seq.).]
7-66 [(c)] In this section, "dangerous wild animal" has the
7-67 meaning assigned by Section 822.101, Health and Safety Code [means
7-68 a lion, tiger, ocelot, cougar, leopard, cheetah, jaguar, hyena,
7-69 bear, lesser panda, binturong, wolf, ape, elephant, and
8-1 rhinoceros].
8-2 SECTION 4. (a) Except as provided by this section, this Act
8-3 takes effect September 1, 1999.
8-4 (b) Section 822.125, Health and Safety Code, as added by
8-5 this Act, takes effect June 1, 2000.
8-6 SECTION 5. (a) A person is not required to obtain a
8-7 certificate of registration for a dangerous wild animal under
8-8 Subchapter E, Chapter 822, Health and Safety Code, as added by this
8-9 Act, before June 1, 2000.
8-10 (b) Not later than December 1, 1999, each municipality and
8-11 county shall adopt any ordinance or order necessary to implement
8-12 and administer the certificate of registration program created by
8-13 Subchapter E, Chapter 822, Health and Safety Code, as added by this
8-14 Act, including ordinances or orders relating to the application for
8-15 an original and renewal certificate of registration, fees for
8-16 registration and renewal, and the form and content of the
8-17 application and the certificate of registration.
8-18 SECTION 6. The importance of this legislation and the
8-19 crowded condition of the calendars in both houses create an
8-20 emergency and an imperative public necessity that the
8-21 constitutional rule requiring bills to be read on three several
8-22 days in each house be suspended, and this rule is hereby suspended.
8-23 * * * * *