By Madla S.B. No. 1333
76R1048(1) MI
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 leopard;
1-24 (F) a cheetah;
1-25 (G) a jaguar;
1-26 (H) a hyena;
2-1 (I) a bear;
2-2 (J) a wolf;
2-3 (K) a hybrid of a lion and tiger;
2-4 (L) an elephant;
2-5 (M) a bobcat;
2-6 (N) a coyote;
2-7 (O) a wolverine; or
2-8 (P) a great ape.
2-9 (3) "Wildlife sanctuary" means a nonprofit
2-10 organization exempt from federal taxation under Section 501(c)(3),
2-11 Internal Revenue Code of 1986, and its subsequent amendments, that
2-12 operates a place of refuge where abused, neglected, unwanted,
2-13 impounded, abandoned, orphaned, or displaced native and nonnative
2-14 wildlife are provided care for their lifetime or released back to
2-15 their natural habitats.
2-16 Sec. 12.602. APPLICABILITY OF SUBCHAPTER. This subchapter
2-17 does not apply to:
2-18 (1) a person possessing or having custody of an
2-19 injured, infirm, orphaned, or abandoned dangerous wild animal
2-20 solely for the purpose of transporting the animal for care or
2-21 treatment to a wildlife sanctuary, a licensed veterinarian, an
2-22 incorporated humane society or animal shelter, an organization that
2-23 is an accredited member of the American Zoo and Aquarium
2-24 Association, or a state, federal, or local government official,
2-25 with authority or apparent authority to care for or treat the
2-26 animal;
2-27 (2) a person who holds a permit issued under
3-1 Subchapter C, Chapter 43, authorizing the person to possess the
3-2 dangerous wild animal for rehabilitation purposes, a licensed
3-3 veterinarian, or an incorporated humane society or animal shelter,
3-4 while the society or shelter is rehabilitating, treating, or caring
3-5 for an injured or infirm dangerous wild animal;
3-6 (3) a "research facility" within the meaning of
3-7 Section 2(e) of the federal Animal Welfare Act (7 U.S.C. Section
3-8 2132), and its subsequent amendments, licensed by the secretary of
3-9 agriculture of the United States under that Act;
3-10 (4) the department or an agent or official of the
3-11 department acting in an official capacity;
3-12 (5) an agency of the state or the United States or an
3-13 agent or official of the agency acting in an official capacity;
3-14 (6) an organization that is an accredited member of
3-15 the American Zoo and Aquarium Association;
3-16 (7) a wildlife sanctuary that otherwise complies with
3-17 this subchapter;
3-18 (8) a dangerous wild animal owned by and in the
3-19 possession, custody, and control of a transient circus company and
3-20 used as an integral part of its circus performances if:
3-21 (A) the animal is kept within this state only
3-22 during the time the circus is performing in this state; and
3-23 (B) the circus company holds a valid Class "C"
3-24 exhibitor's license issued by the secretary of agriculture under
3-25 the federal Animal Welfare Act (7 U.S.C. Section 2131 et seq.), and
3-26 its subsequent amendments;
3-27 (9) a dangerous wild animal owned by and in the
4-1 possession, custody, and control of a college or university solely
4-2 as a mascot for the college or university;
4-3 (10) a dangerous wild animal that is a member of a
4-4 "threatened" or "endangered" species within the meaning of Section
4-5 3 of the federal Endangered Species Act (16 U.S.C. Section 1532),
4-6 and its subsequent amendments, owned by, or in the possession,
4-7 control, or custody of a person that is a participant in a species
4-8 survival plan of the American Zoo and Aquarium Association for that
4-9 species;
4-10 (11) a nonhuman primate owned by and in the
4-11 possession, control, and custody of a person whose only business is
4-12 supplying nonhuman primates directly and exclusively to biomedical
4-13 research facilities and who holds a Class "A" or "B" dealer's
4-14 license issued by the secretary of agriculture under the federal
4-15 Animal Welfare Act (7 U.S.C. Section 2131 et seq.), and its
4-16 subsequent amendments;
4-17 (12) a dangerous wild animal in the temporary
4-18 possession, custody, or control of a television or motion picture
4-19 production company during the filming of a television or motion
4-20 picture production in which the animal is an integral part; or
4-21 (13) a dangerous wild animal while being transported
4-22 by a "carrier" within the meaning of Section 2(j) or "exhibitor"
4-23 within the meaning of Section 2(h) of the federal Animal Welfare
4-24 Act (7 U.S.C. Sections 2132(j) and (h)), and its subsequent
4-25 amendments, licensed by or registered with the secretary of
4-26 agriculture under that Act.
4-27 Sec. 12.603. PERMIT REQUIRED. (a) A person may not own,
5-1 possess, have custody or control of, or harbor a dangerous wild
5-2 animal for any purpose unless the person holds a permit for that
5-3 animal issued by the department under this subchapter and complies
5-4 with the requirements of this subchapter.
5-5 (b) A separate permit is required for each individual
5-6 animal.
5-7 Sec. 12.604. PERMIT APPLICATION. (a) A person wishing to
5-8 obtain a permit for a dangerous wild animal shall file an
5-9 application with the department on a form provided by the
5-10 department.
5-11 (b) The application shall include:
5-12 (1) the name, address, and telephone number of the
5-13 applicant;
5-14 (2) a complete identification of the animal, including
5-15 species, sex, age, if known, and any distinguishing marks or
5-16 coloration that would aid in the identification of the animal;
5-17 (3) a sworn statement that the applicant has read this
5-18 subchapter and that all confinement facilities used by the
5-19 applicant to confine or enclose the animal comply with the
5-20 requirements of Section 12.609; and
5-21 (4) any other information the department by rule
5-22 requires.
5-23 (c) An applicant shall include with each application:
5-24 (1) an application fee of $35 for each permit; and
5-25 (2) proof, in a form acceptable to the department, of:
5-26 (A) liability insurance, as required by Section
5-27 12.607;
6-1 (B) surety bond, as required by Section 12.608;
6-2 and
6-3 (C) satisfactory completion of the course or
6-4 internship required by Section 12.605.
6-5 Sec. 12.605. EDUCATION REQUIREMENTS. (a) A person is not
6-6 eligible for a permit for a dangerous wild animal unless the person
6-7 has:
6-8 (1) satisfactorily completed a course developed or
6-9 approved by the department relating to the particular dangerous
6-10 wild animal; or
6-11 (2) satisfactorily completed an internship with a
6-12 facility that cares for the particular dangerous wild animal and
6-13 that has been certified by the department for training related to
6-14 the particular dangerous wild animal.
6-15 (b) The commission by rule shall develop:
6-16 (1) a program of courses to be administered by the
6-17 department or by instructors certified by the department that is
6-18 designed to qualify a person to care for and safely keep a
6-19 dangerous wild animal;
6-20 (2) an internship program to be carried out at
6-21 facilities certified by the department to provide training in the
6-22 care and safety of dangerous wild animals; and
6-23 (3) eligibility criteria and procedures for certifying
6-24 a course instructor or a facility to provide the instruction or
6-25 training described in Subdivisions (1) and (2).
6-26 Sec. 12.606. FEES. The commission by rule shall set:
6-27 (1) a certification fee in an amount sufficient to
7-1 cover the administrative costs of certifying a course instructor or
7-2 a facility to provide the instruction or training described in
7-3 Sections 12.605(b)(1) and (2), to be paid to the department by the
7-4 person seeking certification; and
7-5 (2) a course fee for each course developed by the
7-6 department under Section 12.605(b)(1), in an amount sufficient to
7-7 cover the costs of providing the course and reasonable compensation
7-8 for services and equipment, to be paid, as appropriate, to the
7-9 department or the certified instructor of the course.
7-10 Sec. 12.607. LIABILITY INSURANCE. The holder of a permit
7-11 issued by the department under this subchapter shall maintain for
7-12 each permitted dangerous wild animal liability insurance coverage
7-13 in an amount not less than $250,000 to cover damages resulting from
7-14 an attack by the animal causing death or bodily injury to a person.
7-15 Sec. 12.608. BOND. (a) The holder of a permit issued by
7-16 the department under this subchapter shall obtain a surety bond in
7-17 the amount set by the department for the type of dangerous wild
7-18 animal for which the permit was issued.
7-19 (b) The bond must be payable to the department on forfeiture
7-20 of the animal to the department under Section 12.614(b).
7-21 Sec. 12.609. REQUIREMENTS FOR CONFINEMENT FACILITIES. (a)
7-22 A cage or other confinement facility that confines or encloses a
7-23 dangerous wild animal shall meet the following specifications:
7-24 (1) a cage or other confinement facility confining or
7-25 enclosing a lion, a tiger, a hybrid of a lion and tiger, a jaguar,
7-26 or a bear shall be constructed with not less than nine-gauge chain
7-27 link or its strength and design equivalent;
8-1 (2) a cage or other confinement facility confining or
8-2 enclosing a leopard, cougar, ocelot, cheetah, hyena, bobcat, wolf,
8-3 wolverine, or coyote shall be constructed with not less than 11-1/2
8-4 gauge chain link or its strength and design equivalent;
8-5 (3) a cage or other confinement facility confining or
8-6 enclosing a chimpanzee, orangutan, or gorilla shall be constructed
8-7 of steel bars, two-inch galvanized pipe, masonry block, or their
8-8 strength equivalent;
8-9 (4) a cage or other confinement facility confining or
8-10 enclosing an elephant shall be constructed of steel bars, masonry
8-11 block, or their strength equivalent;
8-12 (5) a cage or other confinement facility constructed
8-13 of chain link or its strength and design equivalent shall be well
8-14 braced and securely anchored at ground level and shall use metal
8-15 corners, clamps, ties, and braces of equivalent strength to other
8-16 materials prescribed for cage construction for that species;
8-17 (6) a cage or other confinement facility shall be
8-18 equipped with safety barriers that adequately prevent any physical
8-19 contact with the animal by an unauthorized person;
8-20 (7) a cage or other confinement facility shall be
8-21 equipped with a lock and a locking mechanism to prevent opening by
8-22 an unauthorized person; and
8-23 (8) a cage or other confinement facility shall be
8-24 designed and constructed to prevent the escape of the animal.
8-25 (b) Any condition that results in the escape of an animal
8-26 from the cage or confinement facility in which the animal is
8-27 confined or enclosed or which results in injury to any person shall
9-1 be considered a violation of this section.
9-2 Sec. 12.610. INSPECTIONS. A holder of a permit issued by
9-3 the department under this subchapter shall allow the department, an
9-4 employee or agent of the department, or any peace officer to
9-5 inspect, at reasonable times, the dangerous wild animal for which
9-6 the permit was issued, the confinement facilities for the animal,
9-7 and the permit holder's records relating to the animal.
9-8 Sec. 12.611. PROHIBITED ACTS. A person may not:
9-9 (1) breed or allow the breeding of a dangerous wild
9-10 animal;
9-11 (2) engage in any commercial activity with respect to
9-12 a dangerous wild animal;
9-13 (3) sell or transfer ownership of a dangerous wild
9-14 animal to a person who does not hold a permit issued under this
9-15 subchapter for that animal; or
9-16 (4) surrender possession, custody, or control of a
9-17 dangerous wild animal to any person other than a person described
9-18 by Section 12.602(2).
9-19 Sec. 12.612. OFFENSE AND PENALTY. (a) A person who
9-20 violates this subchapter commits an offense. There shall be a
9-21 separate offense for each animal involved.
9-22 (b) An offense under this section is a Class C Parks and
9-23 Wildlife misdemeanor.
9-24 Sec. 12.613. CIVIL PENALTY. (a) In addition to criminal
9-25 prosecution, a person who violates this subchapter or a commission
9-26 rule adopted under this subchapter is liable to the state for a
9-27 civil penalty not to exceed $1,000 for each day of the violation.
10-1 (b) The department may sue to collect a civil penalty under
10-2 this section in the county in which the violation occurred or in
10-3 Travis County.
10-4 Sec. 12.614. SURRENDER OR FORFEITURE OF ANIMAL. (a) If
10-5 requested by the department, the owner of a dangerous wild animal
10-6 shall surrender possession of the animal to the department or its
10-7 designated agent pending the resolution of an alleged violation of
10-8 this subchapter by the owner with respect to the animal. The owner
10-9 shall pay all costs of care and feeding of the animal incurred by
10-10 the department or its designated agent, pending resolution, if the
10-11 owner is finally convicted of an offense under this subchapter.
10-12 (b) If a person is finally convicted of an offense under
10-13 this subchapter, the court shall order the forfeiture of the animal
10-14 involved in the offense to the department or its designated agent.
10-15 Sec. 12.615. EFFECT OF SUBCHAPTER ON OTHER LAW. This
10-16 subchapter does not relieve a person of complying with:
10-17 (1) Subchapter C, Chapter 43, and Chapters 67 and 68,
10-18 or rules adopted under those laws;
10-19 (2) Subchapter A, Chapter 240, Local Government Code,
10-20 or an order adopted under that subchapter; or
10-21 (3) any other law, rule, order, ordinance, or other
10-22 legal requirement of the state or a political subdivision of the
10-23 state.
10-24 SECTION 2. (a) Except as otherwise provided by this
10-25 section, this Act takes effect September 1, 1999. Section 12.603,
10-26 Parks and Wildlife Code, as added by this Act, takes effect
10-27 September 1, 2000.
11-1 (b) Not later than December 1, 1999, the Parks and Wildlife
11-2 Commission shall adopt all rules necessary to implement and
11-3 administer the permitting program created by Subchapter G, Chapter
11-4 12, Parks and Wildlife Code, as added by this Act.
11-5 (c) Not later than January 1, 2000, the Parks and Wildlife
11-6 Department shall implement the certification of course instructors
11-7 and facilities approved for internship training as authorized by
11-8 Section 12.605(b)(3), Parks and Wildlife Code, as added by this
11-9 Act.
11-10 SECTION 3. The importance of this legislation and the
11-11 crowded condition of the calendars in both houses create an
11-12 emergency and an imperative public necessity that the
11-13 constitutional rule requiring bills to be read on three several
11-14 days in each house be suspended, and this rule is hereby suspended.