SRC-JBJ S.B. 235 77(R) BILL ANALYSIS
Senate Research Center S.B. 235
77R1268 JAT-FBy: Harris
State Affairs
01/19/2001
As Filed
DIGEST AND PURPOSE
Under current Texas law the ownership of dangerous wild animals, such as
tigers, lions, and bears, is not regulated. Previous statutes that were in
place requiring the Texas Parks and Wildlife Department to regulate the
ownership of such animals were repealed in 1997. As proposed, S.B. 235
provides for the regulation of dangerous wild animals by cities and
counties.
RULEMAKING AUTHORITY
Rulemaking authority is expressly granted to the Texas Board of Health in
SECTION 1 (Section 822.111, Health and Safety Code) and SECTION 4
(Subsection (d)) of this bill.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Chapter 822, Health and Safety Code, by adding
Subchapter E, as follows:
SUBCHAPTER E. DANGEROUS WILD ANIMALS
Sec. 822.101. DEFINITIONS. Defines "animal registration agency," "board,"
"dangerous wild animal," "owner," "person," "primary enclosure," and "
wildlife sanctuary."
Sec. 822.102. APPLICABILITY OF SUBCHAPTER. Provides that this subchapter
does not apply to:
_a county, municipality, or agency of the state or and agency of the
United States or an agent or official of a county, municipality, or agency
acting in an official capacity;
_a research facility, as that term is defined by Section 2(e), Animal
Welfare Act (7 U.S.C. Section 2132) and its subsequent amendments, that is
licensed by the secretary of agriculture of the United States under that
Act;
_an organization that is an accredited member of the American Zoo and
Aquarium Association;
_a wildlife sanctuary;
_an injured, infirm, orphaned, or abandoned dangerous wild animal (DWA)
while being transported for care or treatment;
_an injured, infirm, orphaned, or abandoned DWA while being
rehabilitated, treated, or cared for by a licensed veterinarian, an
incorporated humane society or animal shelter, or a person who holds a
rehabilitation permit issued under Chapter 43C (Permits for Scientific
Research, Zoological Collection, Rehabilitation, and Educational Display),
Parks and Wildlife Code;
_a DWA owned by and in the custody and control of a transient circus
company that is not based in this state if certain criteria are met;
_a DWA while in the temporary custody or control of a television or
motion picture production company during the filming of a television or
motion picture production in this state;
_a DWA owned by and in the possession, custody, or control of a college
or university solely as a mascot for the college or university;
_a DWA while being transported in interstate commerce through the state
in compliance with the Animal Welfare Act (7 U.S.C. Section 2131 et seq.)
and its subsequent amendments and the regulations adopted under that Act;
and
_a nonhuman primate owned by and in control and custody of a person
whose only business is supplying nonhuman primates directly and exclusively
to biomedical research facilities and who holds a Class "A" or Class "B"
dealer's license issued by the secretary of agriculture of the United
States under 7 U.S.C. Section 2.31 et seq. and its subsequent amendments.
Sec. 822.103. CERTIFICATE OF REGISTRATION; FEES. (a) Prohibits a person
from owning, harboring, or having custody or control of a DWA for any
purpose unless the person holds a certificate of registration for that
animal issued by a DWA registration agency (registration agency).
(b) Provides that a certificate of registration issued under this
subchapter is not transferrable and is valid for one year after its date of
issuance or renewal unless revoked.
(c) Authorizes the registration agency to establish and charge reasonable
fees for application, issuance, and renewal of certificate of registration
in order to recover the costs associated with the administration and
enforcement of this subchapter. Authorizes the fees collected under this
section to be used only to administer and enforce this subchapter.
Sec. 822.104. CERTIFICATE OF REGISTRATION APPLICATION. (a) Requires an
applicant for an original or renewal certificate of registration for a DWA
to file an application with a registration agency on a form provided by the
registration agency.
(b) Requires the application to include certain specified information.
(c) Requires the applicant to include certain specific items with each
application.
(d) Requires an application for renewal to include, in addition to the
items required under Subsection (c), a statement signed by a veterinarian
licensed to practice in this state stating that the veterinarian: inspected
each animal being registered not earlier than the 30th day before the date
of the filling of the renewal application; and finds that the care and
treatment of each animal by the owner meets or exceeds the standards
prescribed under this subchapter.
Sec. 822.105. DENIAL OR REVOCATION OF CERTIFICATE OF REGISTRATION; APPEAL.
(a) Requires the registration agency, if the registration agency finds
that an application for an original or renewal certificate of registration
under this subchapter does not meet the requirements of Section 822.104 or,
after inspection, that an applicant has not complied with this subchapter,
to deny the applicant a certificate of registration and give the applicant
written notice of the denial and the reasons for the denial.
(b) Requires the registration agency, if the registration agency finds,
after inspection, that a registered owner provided false information in or
in connection with the application or has not complied with this
subchapter, to revoke the certificate of registration and give the owner
written notice of the revocation and the reasons for the revocation.
(c) Authorizes a person to appeal the denial of an original or renewal
certificate of registration or the revocation of a certificate of
registration to the justice court for the precinct in which the animal is
located or the municipal court in the municipality in which the animal is
located not later than the 15th day after the date the certificate of
registration is denied or revoked. Authorizes either party to appeal the
decision of the justice or municipal court to a county court at law in the
county in which the justice or municipal court is located. Prohibits the
decision of the county court at law from being appealed.
(d) Provides that the filing of an appeal of the denial or revocation of
certificate of registration under Subsection (c) stays the denial or
revocation until the court rules on the appeal.
Sec. 822.106. DISPLAY OF CERTIFICATE OF REGISTRATION. Requires a holder
of a certificate of registration to prominently display the certificate at
the premises where each animal that is the subject of the certificate of
registration is kept.
Sec. 822.107. LIABILITY INSURANCE. Requires an owner of a DWA to maintain
liability insurance coverage in an amount not less than $100,000 for each
occurrence for liability for damages for destruction of or damage to
property and death or bodily injury to a person caused by the DWA.
Sec. 822.108. INSPECTION. Requires an owner of a DWA, at all reasonable
times, to allow the registration agency, its staff, its agents, or a
designated licensed veterinarian to enter the premises where the animal is
kept and to inspect the animal, the primary enclosure for the animal, and
the owner's records relating to the animal to ensure compliance with this
subchapter.
Sec. 822.109. RELOCATION OR DISPOSITION OF ANIMAL. (a) Prohibits an
owner of a DWA from relocating the animal unless the owner first notifies
the registration agency in writing of the exact location to which the
animal will be relocated and provides the registration agency, with respect
to the new location, the information required by Section 822.104.
(b) Requires an owner of a DWA to notify the registration agency in
writing before the sale or other disposition of the animal.
Sec. 822.110. ATTACK BY ANIMAL; ESCAPE OF ANIMAL; LIABILITY. (a) Requires
an owner of a DWA to immediately notify the registration agency of any
attack of a human by the animal.
(b) Requires an owner of a DWA to immediately notify the registration
agency and the local law enforcement agency of any escape of the animal.
(c) Provides that an owner of a DWA that escapes is liable for all costs
incurred in apprehending and confining the animal.
(d) Provides that a registration agency, a law enforcement agency, or an
employee of a registration agency or law enforcement agency is not liable
to any person for damages arising in connection with the escape of a DWA,
including liability for damage, injury, or death caused by the animal
during or after the animal's escape, or for injury to or death of the
animal as a result of apprehension or confinement of the animal after
escape.
Sec. 822.111. POWERS AND DUTIES OF BOARD; CAGING REQUIREMENTS AND
STANDARDS. (a) Requires the Texas Board of Health (board) to establish,
by rule, caging requirements and standards for the keeping and confinement
of a DWA to ensure that the animal is kept in a manner and confined in a
primary enclosure that meets certain criteria.
(b) Requires an owner of a DWA to keep and confine the animal in
accordance with the caging requirements and standards established by the
board.
(c) Authorizes a registration agency to approve a deviation from the
caging requirements and standards established by the board, only if
certain criteria are met.
Sec. 822.112. CARE, TREATMENT, AND TRANSPORTATION OF ANIMAL. (a) Requires
the owner, for each DWA, to comply with all applicable standards of the
Animal Welfare Act (7 U.S.C. Section 2131 et seq.) and its subsequent
amendments and the regulations adopted under that Act relating to
facilities and operations, animal health and husbandry, and veterinary
care.
(b) Requires an owner of a DWA to maintain a separate written log for each
dangerous wild animal documenting the animal's veterinary care. Requires
an owner to make the log available to the registration agency or its agent
on request. Requires the log to contain certain specific information.
(c) Requires the owner of the DWA, or a designated carrier or intermediate
handler of the animal, when transporting a DWA, to comply with all
transportation standards that apply to that animal under 7 U.S.C. Section
2131 et seq. and its subsequent amendments or the regulations adopted under
that Act.
Sec. 822.113. OFFENSE AND PENALTY. (a) Provides that a person commits an
offense if the person violates Section 822.103(a). Provides that each
animal with respect to which there is a violation and each day that a
violation continues is a separate offense.
(b) Provides that an offense under Subsection (a) is a Class C
misdemeanor.
(c) Provides that a person commits an offense if the person knowingly
sells or otherwise transfers ownership of a DWA to a person who does not
have a certificate of registration for that animal as required by this
subchapter.
(d) Provides that an offense under Subsection (c) is a Class B
misdemeanor.
Sec. 822.114. CIVIL PENALTY. (a) Provides that a person who violates
Section 822.103(a) is liable for a civil penalty of not less than $200 and
not more than $2,000 for each animal with respect to which there is a
violation and for each day the violation continues.
(b) Authorizes the county or municipality in which the violation occurs to
sue to collect a civil penalty. Authorizes a civil penalty collected under
this subsection to be retained by the county or municipality.
(c) Authorizes the county or municipality in which the violation occurs to
also recover the reasonable costs of investigation, reasonable attorney's
fees, and reasonable expert witness fees incurred by the registration
agency in the civil action. Requires the costs or fees recovered under
this subsection to be credited to the operating account from which payment
for the registration agency's expenditures was made.
Sec. 822.115. INJUNCTION. Authorizes any person who is directly harmed or
threatened with harm by a violation of this subchapter or a failure to
enforce this subchapter to sue an owner of a DWA to enjoin a violation of
this subchapter or to enforce this subchapter.
Sec. 822.116. EFFECT OF SUBCHAPTER ON OTHER LAW. (a) Provides that this
subchapter does not affect the applicability of any other law, rule, order,
ordinance, or other legal requirements of this state or a political
subdivision of this state.
(b) Provides that this subchapter does not prevent a municipality or
county from prohibiting or regulating by ordinance or order the ownership,
possession, confinement, or care of a DWA.
SECTION 2. Amends Section 240.002(a), Local Government Code, to authorize
the commissioners court of a county to prohibit or regulate, by order, the
keeping of a wild animal in the county, rather than at a residence or
within 1,000 feet of a residence or public school.
SECTION 3. Repealer: Section 240.0025 (Regulation), Local Government Code.
SECTION 4. (a) Effective date: September 1, 2001, except as provided by
this section.
(b) Provides that a person is not required to obtain a certificate of
registration for a DWA under Chapter 822E, Health and Safety Code, as added
by this Act, before June 1, 2002.
(c) Requires each municipality and county, not later than December 1,
2001, to adopt any ordinance or order necessary to implement and administer
the certificate of registration program created by Chapter 822E, Health and
Safety Code, as added by this Act, including ordinances or orders relating
to the applications for original and renewal certificates or registration,
fees for registration and renewal, and the form and content of the
application and the certificate of registration.
(d) Requires the board, not later than December 1, 2001, to adopt the
rules required under Section 822.111, Health and Safety Code, as added by
this Act.