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.
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