By Greenberg H.B. No. 3291
76R1048 MI-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the keeping of dangerous wild animals; providing
1-3 criminal and civil penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 12, Parks and Wildlife Code, is amended
1-6 by adding Subchapter G to read as follows:
1-7 SUBCHAPTER G. DANGEROUS WILD ANIMALS
1-8 Sec. 12.601. DEFINITIONS. In this subchapter:
1-9 (1) "Commercial activity" means:
1-10 (A) charging a fee for:
1-11 (i) allowing free-roaming public access to
1-12 the animal's confinement facilities or the grounds on which the
1-13 animal is kept; or
1-14 (ii) using the animal for entertainment or
1-15 exhibition; or
1-16 (B) selling, trading, bartering, auctioning, or
1-17 donating the animal's body parts.
1-18 (2) "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 leopard;
2-1 (G) a snow leopard;
2-2 (H) a cheetah;
2-3 (I) a jaguar;
2-4 (J) a hyena;
2-5 (K) a bear;
2-6 (L) a lynx;
2-7 (M) an elephant;
2-8 (N) a bobcat;
2-9 (O) a coyote;
2-10 (P) a jackal;
2-11 (Q) a wolverine;
2-12 (R) a binturong;
2-13 (S) a nonhuman primate that weighs more than
2-14 five pounds; or
2-15 (T) any hybrid of any animals listed in this
2-16 subdivision.
2-17 (3) "Federal Animal Welfare Act" means the federal
2-18 Animal Welfare Act (7 U.S.C. Section 2131 et seq.), as amended.
2-19 (4) "Primary enclosure" means any structure used to
2-20 immediately restrict an animal to a limited amount of space,
2-21 including a cage, pen, run, room, compartment, or hutch.
2-22 (5) "Wildlife sanctuary" means a nonprofit
2-23 organization exempt from federal taxation under Section 501(c)(3),
2-24 Internal Revenue Code of 1986, as amended, that:
2-25 (A) operates a place of refuge where abused,
2-26 neglected, unwanted, impounded, abandoned, orphaned, or displaced
2-27 native and nonnative wildlife are provided care for their lifetime
3-1 or released back to their natural habitats; and
3-2 (B) does not conduct any commercial activity
3-3 with respect to any animal under its ownership, possession,
3-4 custody, or control.
3-5 Sec. 12.602. APPLICABILITY OF SUBCHAPTER. This subchapter
3-6 does not apply to:
3-7 (1) a person possessing or having custody of an
3-8 injured, infirm, orphaned, or abandoned dangerous wild animal
3-9 solely for the purpose of transporting the animal for care or
3-10 treatment to a wildlife sanctuary, a licensed veterinarian, an
3-11 incorporated humane society or animal shelter, an organization that
3-12 is an accredited member of the American Zoo and Aquarium
3-13 Association, or a state, federal, or local government official with
3-14 authority or apparent authority to care for or treat the animal;
3-15 (2) a person who holds a permit issued under
3-16 Subchapter C, Chapter 43, authorizing the person to possess the
3-17 dangerous wild animal for rehabilitation purposes, a licensed
3-18 veterinarian, or an incorporated humane society or animal shelter,
3-19 while the society or shelter is rehabilitating, treating, or caring
3-20 for an injured or infirm dangerous wild animal;
3-21 (3) a "research facility" within the meaning of
3-22 Section 2(e) of the federal Animal Welfare Act that is licensed by
3-23 the secretary of agriculture of the United States under that Act;
3-24 (4) the department or an agent or official of the
3-25 department acting in an official capacity;
3-26 (5) an agency of the state or the United States or an
3-27 agent or official of the agency acting in an official capacity;
4-1 (6) a municipal or county animal control office or law
4-2 enforcement office or any agent or official of a municipal or
4-3 county animal control office acting in an official capacity;
4-4 (7) an organization that is an accredited member of
4-5 the American Zoo and Aquarium Association;
4-6 (8) a wildlife sanctuary that otherwise complies with
4-7 this subchapter;
4-8 (9) a dangerous wild animal owned by and in the
4-9 possession, custody, and control of a transient circus company and
4-10 used as an integral part of its circus performances if:
4-11 (A) the animal is kept within this state only
4-12 during the time the circus is performing in this state; and
4-13 (B) the circus company holds a valid Class "C"
4-14 exhibitor's license issued by the secretary of agriculture under
4-15 the federal Animal Welfare Act;
4-16 (10) a dangerous wild animal that is:
4-17 (A) a member of a "threatened" or "endangered"
4-18 species within the meaning of Section 3 of the federal Endangered
4-19 Species Act (16 U.S.C. Section 1532), as amended;
4-20 (B) owned by or in the possession, control, or
4-21 custody of a person that is a participant in a species survival
4-22 plan of the American Zoo and Aquarium Association for that species;
4-23 and
4-24 (C) an integral part of that species survival
4-25 plan;
4-26 (11) a nonhuman primate owned by and in the
4-27 possession, control, and custody of a person whose only business is
5-1 supplying nonhuman primates directly and exclusively to biomedical
5-2 research facilities and who holds a Class "A" or "B" dealer's
5-3 license issued by the secretary of agriculture under the federal
5-4 Animal Welfare Act;
5-5 (12) a dangerous wild animal in the temporary
5-6 possession, custody, or control of a television or motion picture
5-7 production company during the filming of a television or motion
5-8 picture production in which the animal is an integral part; or
5-9 (13) a dangerous wild animal while being transported
5-10 by a "carrier" within the meaning of Section 2(j) or "exhibitor"
5-11 within the meaning of Section 2(h) of the federal Animal Welfare
5-12 Act that is licensed by or registered with the secretary of
5-13 agriculture under that Act.
5-14 Sec. 12.603. PERMIT REQUIRED. (a) A person may not own,
5-15 possess, or have custody or control of a dangerous wild animal for
5-16 any purpose unless the person holds a permit for that animal issued
5-17 by the department under this subchapter and complies with the
5-18 requirements of this subchapter.
5-19 (b) A separate permit is required for each animal.
5-20 (c) A permit issued under this section is not transferrable
5-21 and is valid for two years from the date of issuance or renewal.
5-22 Sec. 12.604. PERMIT APPLICATION. (a) A person wishing to
5-23 obtain a permit for a dangerous wild animal shall file an
5-24 application with the department on a form provided by the
5-25 department.
5-26 (b) The application must include:
5-27 (1) the name, address, and telephone number of the
6-1 applicant;
6-2 (2) a complete identification of the animal, including
6-3 species, sex, and age, if known, and any distinguishing marks or
6-4 coloration that would aid in the identification of the animal;
6-5 (3) the exact location where the animal will be kept;
6-6 (4) a sworn statement that:
6-7 (A) all information in the application is
6-8 complete and accurate; and
6-9 (B) the applicant has read this subchapter and
6-10 that all confinement facilities used by the applicant to confine or
6-11 enclose the animal comply with the requirements of Section 12.615;
6-12 and
6-13 (5) any other information the department by rule
6-14 requires.
6-15 (c) An applicant shall include with each application:
6-16 (1) the permit fee set by the commission for the
6-17 dangerous wild animal for which the permit is sought;
6-18 (2) proof, in a form acceptable to the department, of:
6-19 (A) liability insurance, as required by Section
6-20 12.607;
6-21 (B) surety bond, as required by Section 12.608;
6-22 and
6-23 (C) satisfactory completion of the course or
6-24 internship required by Section 12.605;
6-25 (3) a color photograph of the animal taken not earlier
6-26 than the 30th day before the date the application is filed; and
6-27 (4) a photograph and dimensions of the primary
7-1 enclosure in which the animal is to be kept and a scale diagram of
7-2 the premises where the animal will be kept, including the location
7-3 of any residence on the premises.
7-4 (d) The department may issue a temporary permit for a
7-5 particular species of dangerous wild animal if the applicant, at
7-6 the time the application is filed, is unable to provide the
7-7 information required by Subsections (b)(2) and (c)(3). If the
7-8 department issues a temporary permit under this subsection, the
7-9 applicant must provide the information required by Subsections
7-10 (b)(2) and (c)(3) within a period established by the department,
7-11 not to exceed 30 days. A temporary permit expires on the 31st day
7-12 after issuance or on an earlier date set by the commission.
7-13 (e) An application for a renewal permit must include:
7-14 (1) the items required by Subsection (c); and
7-15 (2) a report by a veterinarian licensed to practice in
7-16 the state signed by the veterinarian and stating that the
7-17 veterinarian:
7-18 (A) inspected the animal that is the subject of
7-19 the requested renewal permit and the primary enclosure in which the
7-20 animal is kept not earlier than the 30th day before the renewal
7-21 application was filed; and
7-22 (B) finds that the housing, care, and treatment
7-23 of the animal by the permit holder meets or exceeds the standards
7-24 prescribed by this subchapter.
7-25 Sec. 12.605. EDUCATION REQUIREMENTS. (a) A person is not
7-26 eligible for a permit for a dangerous wild animal unless the person
7-27 has:
8-1 (1) satisfactorily completed a course developed or
8-2 approved by the department relating to the particular species of
8-3 dangerous wild animal; or
8-4 (2) satisfactorily completed an internship with a
8-5 facility that cares for the particular species of dangerous wild
8-6 animal and that has been certified by the department for training
8-7 related to that species.
8-8 (b) The commission by rule shall develop:
8-9 (1) a program of courses to be administered by the
8-10 department or by instructors certified by the department that is
8-11 designed to qualify a person to care for and safely keep a
8-12 dangerous wild animal;
8-13 (2) an internship program to be carried out at
8-14 facilities certified by the department to provide training in the
8-15 care and safety of particular species of dangerous wild animals;
8-16 and
8-17 (3) eligibility criteria and procedures for certifying
8-18 a course instructor or a facility to provide the instruction or
8-19 training described in Subdivisions (1) and (2).
8-20 Sec. 12.606. FEES. The commission by rule shall set:
8-21 (1) permit fees sufficient to pay all costs of
8-22 administering and enforcing this subchapter;
8-23 (2) a certification fee in an amount sufficient to
8-24 cover the administrative costs of certifying a course instructor or
8-25 a facility to provide the instruction or training described in
8-26 Sections 12.605(b)(1) and (2), to be paid to the department by the
8-27 person seeking certification; and
9-1 (3) a course fee for each course developed by the
9-2 department under Section 12.605(b)(1), in an amount sufficient to
9-3 cover the costs of providing the course and reasonable compensation
9-4 for services and equipment, to be paid, as appropriate, to the
9-5 department or the certified instructor of the course.
9-6 Sec. 12.607. LIABILITY INSURANCE. The holder of a permit
9-7 issued by the department under this subchapter shall maintain for
9-8 each permitted dangerous wild animal liability insurance coverage
9-9 in an amount not less than $250,000 to cover damages resulting from
9-10 an attack by the animal causing death or bodily injury to a person.
9-11 Sec. 12.608. BOND. (a) The holder of a permit issued by
9-12 the department under this subchapter shall obtain a surety bond in
9-13 the amount set by the department for the type of dangerous wild
9-14 animal for which the permit was issued.
9-15 (b) The bond must be payable to the department on forfeiture
9-16 of the animal to the department under Section 12.619(b).
9-17 Sec. 12.609. DENIAL OR REVOCATION OF PERMIT. (a) If the
9-18 department finds that an application for a permit under this
9-19 subchapter does not meet the requirements of Section 12.604 or,
9-20 after inspection, that an applicant has not complied with an
9-21 applicable provision of this subchapter, the department:
9-22 (1) shall deny the issuance of an original or renewal
9-23 permit; and
9-24 (2) shall notify the applicant in writing of the
9-25 denial and the reasons for the denial.
9-26 (b) If the department finds, after inspection, that a permit
9-27 holder provided false information in the application or has not
10-1 complied with an applicable provision of this subchapter, the
10-2 department shall revoke the permit as provided by Subchapter F.
10-3 Sec. 12.610. DISPLAY OF PERMIT. A permit holder shall
10-4 prominently display a permit issued under this subchapter at the
10-5 premises where the animal that is the subject of the permit is
10-6 kept.
10-7 Sec. 12.611. INSPECTION. A person who owns, possesses, or
10-8 has custody or control of a dangerous wild animal, at all
10-9 reasonable times, shall allow the department, its agents, or any
10-10 peace officer to enter the premises where the animal is kept and to
10-11 inspect the animal, the confinement facilities for the animal, and
10-12 the owner's records relating to the animal.
10-13 Sec. 12.612. RELOCATION OF ANIMAL. A person who owns,
10-14 possesses, or has custody or control of a dangerous wild animal may
10-15 not permanently relocate, or allow the permanent relocation of, the
10-16 animal unless the person has first notified the department in
10-17 writing of the exact location to which the animal will be moved and
10-18 provided the department, with respect to the new location, the
10-19 information required by Section 12.604 for an original permit.
10-20 Sec. 12.613. NOTICE OF SALE OR DEATH OF ANIMAL; NOTICE OF
10-21 INJURY INFLICTED BY ANIMAL. (a) Not later than the 10th day after
10-22 the sale or other disposition or the death of a dangerous wild
10-23 animal, the person who owns, possesses, or has custody or control
10-24 of the animal shall notify the department in writing of the sale or
10-25 other disposition or death.
10-26 (b) Not later than 48 hours after the infliction by a
10-27 dangerous wild animal of an injury to a human that requires medical
11-1 treatment, the person who owns, possesses, or has custody or
11-2 control of the animal shall report the injury to the department.
11-3 Not later than the 10th day after the date of the injury, the
11-4 person shall submit to the department a detailed written report
11-5 regarding the nature and circumstances of the injury.
11-6 Sec. 12.614. ESCAPE OF ANIMAL; LIABILITY. (a) A person who
11-7 owns, possesses, or has custody or control of a dangerous wild
11-8 animal shall immediately notify the department of the escape of the
11-9 animal.
11-10 (b) If a dangerous wild animal escapes, the owner or the
11-11 person who had possession or custody or control of the animal is
11-12 liable for all costs incurred in apprehending and confining the
11-13 animal.
11-14 (c) No animal control office or law enforcement agency or
11-15 the employees of an animal control office or law enforcement agency
11-16 are liable to any party in connection with the escape of a
11-17 dangerous wild animal, including liability for any damage, injury,
11-18 or death caused by or to the animal during or after the animal's
11-19 escape or any injury to or the death of the animal as a result of
11-20 apprehension or confinement of the animal after escape.
11-21 Sec. 12.615. HOUSING, CARE, TREATMENT, AND TRANSPORTATION OF
11-22 ANIMAL. (a) The primary enclosure in which a dangerous wild
11-23 animal is kept must meet minimum space and structural strength
11-24 requirements set by the commission for that species of animal.
11-25 (b) For each dangerous wild animal that a person owns or has
11-26 possession or custody or control of, the person shall comply with
11-27 all applicable standards of the federal Animal Welfare Act and
12-1 regulations adopted under that Act relating to:
12-2 (1) facilities and operations;
12-3 (2) animal health and husbandry; and
12-4 (3) veterinary care.
12-5 (c) Any condition that results in the escape of a dangerous
12-6 wild animal from the cage or confinement facility in which the
12-7 animal is kept or which results in injury to any person shall be
12-8 considered a violation of this subchapter.
12-9 (d) A person who owns, possesses, or has custody or control
12-10 of a dangerous wild animal shall maintain a separate written log
12-11 for each dangerous wild animal that the person owns, possesses, or
12-12 has custody or control of documenting the animal's veterinary care.
12-13 The log must:
12-14 (1) identify the animal treated;
12-15 (2) provide the date of treatment;
12-16 (3) describe the type or nature of treatment;
12-17 (4) provide the name of the attending veterinarian, if
12-18 applicable; and
12-19 (5) be available to the department or its agent on
12-20 request.
12-21 (e) When transporting a dangerous wild animal, the person
12-22 who owns, possesses, or has custody or control of that animal, or a
12-23 designated carrier or intermediate handler, shall comply with all
12-24 transportation standards set by the federal Animal Welfare Act or
12-25 by regulations adopted under that Act that apply to that animal.
12-26 Sec. 12.616. PROHIBITED ACTS. A person may not:
12-27 (1) breed or allow the breeding of a dangerous wild
13-1 animal unless the person holds a breeder's license issued by the
13-2 United States Department of Agriculture;
13-3 (2) engage in any commercial activity with respect to
13-4 a dangerous wild animal unless the person holds an exhibitor's
13-5 license issued under the federal Animal Welfare Act;
13-6 (3) sell or transfer ownership of a dangerous wild
13-7 animal to a person who does not hold a permit issued under this
13-8 subchapter for that animal; or
13-9 (4) surrender possession, custody, or control of a
13-10 dangerous wild animal to any person other than a person described
13-11 by Section 12.602(1), (2), (4), (5), (6), or (8).
13-12 Sec. 12.617. OFFENSE AND PENALTY. (a) A person who
13-13 violates this subchapter commits an offense. There shall be a
13-14 separate offense for each animal involved. Each day of violation
13-15 is a separate offense.
13-16 (b) An offense under this section is a Class C Parks and
13-17 Wildlife misdemeanor.
13-18 Sec. 12.618. CIVIL PENALTY; COSTS; INJUNCTIVE RELIEF. (a)
13-19 In addition to criminal prosecution, a person who violates this
13-20 subchapter or a commission rule adopted under this subchapter is
13-21 liable to the state for a civil penalty not to exceed $2,000 for
13-22 each day of the violation. There is a separate violation for each
13-23 animal involved.
13-24 (b) In addition to the civil penalty, the department may
13-25 recover the reasonable costs of investigation, reasonable
13-26 attorney's fees, and reasonable expert witness fees incurred by the
13-27 department in the civil action. Costs or fees recovered under this
14-1 subsection shall be credited to the operating account from which
14-2 payment for the department's expenditures was made.
14-3 (c) Any person may sue to enjoin an action in violation of
14-4 this subchapter or to enforce a provision of this subchapter. The
14-5 department may sue to collect a civil penalty and other amounts
14-6 recoverable under this section in the county in which the violation
14-7 occurred or in Travis County.
14-8 Sec. 12.619. SURRENDER OR FORFEITURE OF ANIMAL. (a) If
14-9 requested by the department, a person shall surrender possession of
14-10 a dangerous wild animal to the department or its designated agent
14-11 pending the resolution of an alleged violation of this subchapter
14-12 by the owner with respect to the animal. The person shall pay all
14-13 costs of care and feeding of the animal incurred by the department
14-14 or its designated agent, pending resolution, if the person is
14-15 finally convicted of an offense under this subchapter.
14-16 (b) If a person is finally convicted of an offense under
14-17 this subchapter, the court, on request by the department, shall
14-18 order the forfeiture of the animal involved in the offense to the
14-19 department or its designated agent.
14-20 Sec. 12.620. EFFECT OF SUBCHAPTER ON OTHER LAW. (a) This
14-21 subchapter does not relieve a person of complying with or preempt
14-22 the application of:
14-23 (1) Subchapter C, Chapter 43, and Chapters 67 and 68,
14-24 or rules adopted under those laws;
14-25 (2) Subchapter A, Chapter 240, Local Government Code,
14-26 or an order adopted under that subchapter;
14-27 (3) Section 42.09, Penal Code;
15-1 (4) Subchapter B, Chapter 821, Health and Safety Code;
15-2 or
15-3 (5) any other law, rule, order, ordinance, or other
15-4 legal requirement of the state or a political subdivision of the
15-5 state.
15-6 (b) This subchapter does not prevent a municipality or
15-7 county from prohibiting or regulating by ordinance or order the
15-8 ownership, possession, or confinement of, or regulating the care
15-9 of, a dangerous wild animal.
15-10 SECTION 2. The heading to Subchapter A, Chapter 240, and
15-11 Section 240.0025, Local Government Code, are amended to read as
15-12 follows:
15-13 SUBCHAPTER A. REGULATION OF KEEPING OF DANGEROUS WILD ANIMALS
15-14 Sec. 240.0025. REGULATION OF DANGEROUS WILD ANIMALS. (a)
15-15 The commissioners court of a county by order may prohibit or
15-16 regulate the keeping of a dangerous wild animal in the county.
15-17 (b) The order does not apply:
15-18 (1) inside the limits of a municipality; or
15-19 (2) to an exhibitor licensed under the Animal Welfare
15-20 Act (7 U.S.C. Section 2131 et seq.).
15-21 (c) In this section, "dangerous wild animal" has the meaning
15-22 assigned by Section 12.601, Parks and Wildlife Code [means a lion,
15-23 tiger, ocelot, cougar, leopard, cheetah, jaguar, hyena, bear,
15-24 lesser panda, binturong, wolf, ape, elephant, and rhinoceros].
15-25 SECTION 3. (a) Except as otherwise provided by this
15-26 section, this Act takes effect September 1, 1999. Section 12.603,
15-27 Parks and Wildlife Code, as added by this Act, takes effect
16-1 September 1, 2000.
16-2 (b) Not later than December 1, 1999, the Parks and Wildlife
16-3 Commission shall adopt all rules necessary to implement and
16-4 administer the permitting program created by Subchapter G, Chapter
16-5 12, Parks and Wildlife Code, as added by this Act.
16-6 (c) Not later than January 1, 2000, the Parks and Wildlife
16-7 Department shall implement the certification of course instructors
16-8 and facilities approved for internship training as authorized by
16-9 Section 12.605(b)(3), Parks and Wildlife Code, as added by this
16-10 Act.
16-11 SECTION 4. The changes in law made by Subchapter G, Chapter
16-12 12, Parks and Wildlife Code, as added by this Act, do not apply to
16-13 a person who:
16-14 (1) on or after the effective date of this Act, owns a
16-15 dangerous wild animal as defined by Section 12.601, Parks and
16-16 Wildlife Code, as added by this Act, that the person acquired not
16-17 later than January 1, 1999; and
16-18 (2) registers that dangerous wild animal with the
16-19 Parks and Wildlife Department, providing to the department, at a
16-20 minimum, the information required by Sections 12.604(b) and (c)(3)
16-21 and (4), Parks and Wildlife Code, as added by this Act, not later
16-22 than a date established by the department for registration under
16-23 this section.
16-24 SECTION 5. The importance of this legislation and the
16-25 crowded condition of the calendars in both houses create an
16-26 emergency and an imperative public necessity that the
16-27 constitutional rule requiring bills to be read on three several
17-1 days in each house be suspended, and this rule is hereby suspended.