By Goodman, Williams, et al. H.B. No. 1362
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of dangerous wild animals; providing for
1-3 the imposition of civil penalties and the prosecution and
1-4 punishment of certain related offenses.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Chapter 822, Health and Safety Code, is amended by
1-7 adding Subchapter E to read as follows:
1-8 SUBCHAPTER E. DANGEROUS WILD ANIMALS
1-9 Sec. 822.101. DEFINITIONS. In this subchapter:
1-10 (1) "Animal registration agency" means the municipal
1-11 or county animal control office with authority over the area where
1-12 a dangerous wild animal is kept or a county sheriff in an area that
1-13 does not have an animal control office.
1-14 (2) "Board" means the Texas Board of Health.
1-15 (3) "Commercial activity" means:
1-16 (A) an activity involving a dangerous wild
1-17 animal conducted for profit that is not inherent to the animal's
1-18 nature;
1-19 (B) an activity for which a fee is charged and
1-20 that is entertainment using or an exhibition of the animal; or
1-21 (C) the selling, trading, bartering, or
1-22 auctioning of a dangerous wild animal or a dangerous wild animal's
1-23 body parts.
1-24 (4) "Dangerous wild animal" means:
2-1 (A) a lion;
2-2 (B) a tiger;
2-3 (C) an ocelot;
2-4 (D) a cougar;
2-5 (E) a leopard;
2-6 (F) a cheetah;
2-7 (G) a jaguar;
2-8 (H) a bobcat;
2-9 (I) a lynx;
2-10 (J) a serval;
2-11 (K) a caracal;
2-12 (L) a hyena;
2-13 (M) a bear;
2-14 (N) a coyote;
2-15 (O) a jackal;
2-16 (P) a baboon;
2-17 (Q) a chimpanzee;
2-18 (R) an orangutan;
2-19 (S) a gorilla; or
2-20 (T) any hybrid of an animal listed in this
2-21 subdivision.
2-22 (5) "Owner" means any person who owns, harbors, or has
2-23 custody or control of a dangerous wild animal.
2-24 (6) "Person" means an individual, partnership,
2-25 corporation, trust, estate, joint stock company, foundation, or
2-26 association of individuals.
2-27 (7) "Primary enclosure" means any structure used to
3-1 immediately restrict an animal to a limited amount of space,
3-2 including a cage, pen, run, room, compartment, or hutch.
3-3 (8) "Wildlife sanctuary" means a nonprofit
3-4 organization described in Section 170(b)(1)(A)(vi), Internal
3-5 Revenue Code of 1986, that operates a place of refuge where
3-6 abused, neglected, unwanted, impounded, abandoned, orphaned, or
3-7 displaced wild animals are provided care for their lifetimes or
3-8 released back to their natural habitats and, with respect to any
3-9 animal owned by the organization, does not:
3-10 (A) conduct any commercial activity; or
3-11 (B) breed the animal except as an integral part
3-12 of a species survival plan of the American Zoo and Aquarium
3-13 Association.
3-14 Sec. 822.102. APPLICABILITY OF SUBCHAPTER. (a) This
3-15 subchapter does not apply to:
3-16 (1) a county, municipality, or agency of the state or
3-17 an agency of the United States or an agent or official of a county,
3-18 municipality, or agency acting in an official capacity;
3-19 (2) a research facility, as that term is defined by
3-20 Section 2(e), Animal Welfare Act (7 U.S.C. Section 2132), and its
3-21 subsequent amendments, that is licensed by the secretary of
3-22 agriculture of the United States under that Act;
3-23 (3) an organization that is an accredited member of
3-24 the American Zoo and Aquarium Association;
3-25 (4) a wildlife sanctuary;
3-26 (5) an injured, infirm, orphaned, or abandoned
3-27 dangerous wild animal while being transported for care or
4-1 treatment;
4-2 (6) an injured, infirm, orphaned, or abandoned
4-3 dangerous wild animal while being rehabilitated, treated, or cared
4-4 for by a licensed veterinarian, an incorporated humane society or
4-5 animal shelter, or a person who holds a rehabilitation permit
4-6 issued under Subchapter C, Chapter 43, Parks and Wildlife Code;
4-7 (7) a dangerous wild animal owned by and in the
4-8 custody and control of a transient circus company that is not
4-9 based in this state if:
4-10 (A) the animal is used as an integral part of
4-11 the circus performances; and
4-12 (B) the animal is kept within this state only
4-13 during the time the circus is performing in this state;
4-14 (8) a dangerous wild animal while in the temporary
4-15 custody or control of a television or motion picture production
4-16 company during the filming of a television or motion picture
4-17 production in this state;
4-18 (9) a dangerous wild animal owned by and in the
4-19 possession, custody, or control of a college or university solely
4-20 as a mascot for the college or university;
4-21 (10) a dangerous wild animal while being transported
4-22 in interstate commerce through the state in compliance with the
4-23 Animal Welfare Act (7 U.S.C. Section 2131 et seq.) and its
4-24 subsequent amendments and the regulations adopted under that Act;
4-25 (11) a nonhuman primate owned by and in the control
4-26 and custody of a person whose only business is supplying nonhuman
4-27 primates directly and exclusively to biomedical research
5-1 facilities and who holds a Class "A" or Class "B" dealer's license
5-2 issued by the secretary of agriculture of the United States under
5-3 the Animal Welfare Act (7 U.S.C. Section 2131 et seq.) and its
5-4 subsequent amendments; and
5-5 (12) a dangerous wild animal that is:
5-6 (A) owned by or in the possession, control, or
5-7 custody of a person who is a participant in a species survival plan
5-8 of the American Zoo and Aquarium Association for that species; and
5-9 (B) an integral part of that species survival
5-10 plan.
5-11 (b) This subchapter does not require a municipality that
5-12 does not have an animal control office to create that office.
5-13 Sec. 822.103. CERTIFICATE OF REGISTRATION; FEES. (a) A
5-14 person may not own, harbor, or have custody or control of a
5-15 dangerous wild animal for any purpose unless the person holds a
5-16 certificate of registration for that animal issued by an animal
5-17 registration agency.
5-18 (b) A certificate of registration issued under this
5-19 subchapter is not transferrable and is valid for one year after its
5-20 date of issuance or renewal unless revoked.
5-21 (c) The animal registration agency may establish and charge
5-22 reasonable fees for application, issuance, and renewal of a
5-23 certificate of registration in order to recover the costs
5-24 associated with the administration and enforcement of this
5-25 subchapter. The fee charged to an applicant may not exceed $50 for
5-26 each animal registered and may not exceed $500 for each person
5-27 registering animals, regardless of the number of animals owned by
6-1 the person. The fees collected under this section may be used only
6-2 to administer and enforce this subchapter.
6-3 Sec. 822.104. CERTIFICATE OF REGISTRATION APPLICATION. (a)
6-4 An applicant for an original or renewal certificate of registration
6-5 for a dangerous wild animal must file an application with an animal
6-6 registration agency on a form provided by the animal registration
6-7 agency.
6-8 (b) The application must include:
6-9 (1) the name, address, and telephone number of the
6-10 applicant;
6-11 (2) a complete identification of each animal,
6-12 including species, sex, age, if known, and any distinguishing marks
6-13 or coloration that would aid in the identification of the animal;
6-14 (3) the exact location where each animal is to be
6-15 kept;
6-16 (4) a sworn statement that:
6-17 (A) all information in the application is
6-18 complete and accurate; and
6-19 (B) the applicant has read this subchapter and
6-20 that all facilities used by the applicant to confine or enclose the
6-21 animal comply with the requirements of this subchapter; and
6-22 (5) any other information the animal registration
6-23 agency may require.
6-24 (c) An applicant shall include with each application:
6-25 (1) the nonrefundable fee;
6-26 (2) proof, in a form acceptable by the animal
6-27 registration agency, that the applicant has liability insurance, as
7-1 required by Section 822.107;
7-2 (3) a color photograph of each animal being registered
7-3 taken not earlier than the 30th day before the date the application
7-4 is filed;
7-5 (4) a photograph and a statement of the dimensions of
7-6 the primary enclosure in which each animal is to be kept and a
7-7 scale diagram of the premises where each animal will be kept,
7-8 including the location of any perimeter fencing and any residence
7-9 on the premises; and
7-10 (5) if an applicant holds a Class "A" or Class "B"
7-11 dealer's license or Class "C" exhibitor's license issued by the
7-12 secretary of agriculture of the United States under the Animal
7-13 Welfare Act (7 U.S.C. Section 2131 et seq.) and its subsequent
7-14 amendments, a clear and legible photocopy of the license.
7-15 (d) In addition to the items required under Subsection (c),
7-16 an application for renewal must include a statement signed by a
7-17 veterinarian licensed to practice in this state stating that the
7-18 veterinarian:
7-19 (1) inspected each animal being registered not earlier
7-20 than the 30th day before the date of the filing of the renewal
7-21 application; and
7-22 (2) finds that the care and treatment of each animal
7-23 by the owner meets or exceeds the standards prescribed under this
7-24 subchapter.
7-25 Sec. 822.105. DENIAL OR REVOCATION OF CERTIFICATE OF
7-26 REGISTRATION; APPEAL. (a) If the animal registration agency finds
7-27 that an application for an original or renewal certificate of
8-1 registration under this subchapter does not meet the requirements
8-2 of Section 822.104 or, after inspection, that an applicant has not
8-3 complied with this subchapter, the animal registration agency
8-4 shall deny the applicant a certificate of registration and give the
8-5 applicant written notice of the denial and the reasons for the
8-6 denial.
8-7 (b) If the animal registration agency finds, after
8-8 inspection, that a registered owner provided false information in
8-9 or in connection with the application or has not complied with this
8-10 subchapter, the animal registration agency shall revoke the
8-11 certificate of registration and give the owner written notice of
8-12 the revocation and the reasons for the revocation.
8-13 (c) A person may appeal the denial of an original or renewal
8-14 certificate of registration or the revocation of a certificate of
8-15 registration to the justice court for the precinct in which the
8-16 animal is located or the municipal court in the municipality in
8-17 which the animal is located not later than the 15th day after the
8-18 date the certificate of registration is denied or revoked. Either
8-19 party may appeal the decision of the justice or municipal court to
8-20 a county court or county court at law in the county in which the
8-21 justice or municipal court is located. The decision of the county
8-22 court or county court at law may not be appealed.
8-23 (d) The filing of an appeal of the denial or revocation of a
8-24 certificate of registration under Subsection (c) stays the denial
8-25 or revocation until the court rules on the appeal.
8-26 Sec. 822.106. DISPLAY OF CERTIFICATE OF REGISTRATION. (a)
8-27 A holder of a certificate of registration shall prominently display
9-1 the certificate at the premises where each animal that is the
9-2 subject of the certificate of registration is kept.
9-3 (b) Not later than the 10th day after the date a person
9-4 receives a certificate of registration, the person shall file a
9-5 clear and legible copy of the certificate of registration with the
9-6 Texas Department of Health. The department shall establish a
9-7 procedure for filing a certificate of registration and shall charge
9-8 a reasonable fee in an amount sufficient to recover the cost
9-9 associated with filing a certificate of registration under this
9-10 subsection.
9-11 Sec. 822.107. LIABILITY INSURANCE. An owner of a dangerous
9-12 wild animal shall maintain liability insurance coverage in an
9-13 amount of not less than $100,000 for each occurrence for liability
9-14 for damages for destruction of or damage to property and death or
9-15 bodily injury to a person caused by the dangerous wild animal.
9-16 Sec. 822.108. INSPECTION. An owner of a dangerous wild
9-17 animal, at all reasonable times, shall allow the animal
9-18 registration agency, its staff, its agents, or a designated
9-19 licensed veterinarian to enter the premises where the animal is
9-20 kept and to inspect the animal, the primary enclosure for the
9-21 animal, and the owner's records relating to the animal to ensure
9-22 compliance with this subchapter.
9-23 Sec. 822.109. RELOCATION OR DISPOSITION OF ANIMAL. (a) An
9-24 owner of a dangerous wild animal may not permanently relocate the
9-25 animal unless the owner first notifies the animal registration
9-26 agency in writing of the exact location to which the animal will be
9-27 relocated and provides the animal registration agency, with respect
10-1 to the new location, the information required by Section 822.104.
10-2 (b) Within 10 days after the death, sale, or other
10-3 disposition of the animal, the owner of the animal shall notify the
10-4 animal registration agency in writing of the death, sale, or other
10-5 disposition.
10-6 Sec. 822.110. ATTACK BY ANIMAL; ESCAPE OF ANIMAL; LIABILITY.
10-7 (a) An owner of a dangerous wild animal shall notify the animal
10-8 registration agency of any attack of a human by the animal within
10-9 48 hours of the attack.
10-10 (b) An owner of a dangerous wild animal shall immediately
10-11 notify the animal registration agency and the local law enforcement
10-12 agency of any escape of the animal.
10-13 (c) An owner of a dangerous wild animal that escapes is
10-14 liable for all costs incurred in apprehending and confining the
10-15 animal.
10-16 (d) An animal registration agency, a law enforcement agency,
10-17 or an employee of an animal registration agency or law enforcement
10-18 agency is not liable to an owner of a dangerous wild animal for
10-19 damages arising in connection with the escape of a dangerous wild
10-20 animal, including liability for damage, injury, or death caused by
10-21 the animal during or after the animal's escape, or for injury to or
10-22 death of the animal as a result of apprehension or confinement of
10-23 the animal after escape.
10-24 Sec. 822.111. POWERS AND DUTIES OF BOARD; CAGING
10-25 REQUIREMENTS AND STANDARDS. (a) The board by rule shall establish
10-26 caging requirements and standards for the keeping and confinement
10-27 of a dangerous wild animal to ensure that the animal is kept in a
11-1 manner and confined in a primary enclosure that:
11-2 (1) protects and enhances the public's health and
11-3 safety;
11-4 (2) prevents escape by the animal; and
11-5 (3) provides a safe, healthy, and humane environment
11-6 for the animal.
11-7 (b) An owner of a dangerous wild animal shall keep and
11-8 confine the animal in accordance with the caging requirements and
11-9 standards established by the board.
11-10 (c) An animal registration agency may approve a deviation
11-11 from the caging requirements and standards established by the
11-12 board, only if:
11-13 (1) the animal registration agency has good cause for
11-14 the deviation; and
11-15 (2) the deviation:
11-16 (A) does not compromise the public's health and
11-17 safety;
11-18 (B) does not reduce the total area of the
11-19 primary enclosure below that established by the board; and
11-20 (C) does not otherwise adversely affect the
11-21 overall welfare of the animal involved.
11-22 Sec. 822.112. CARE, TREATMENT, AND TRANSPORTATION OF ANIMAL.
11-23 (a) For each dangerous wild animal, the owner shall comply with
11-24 all applicable standards of the Animal Welfare Act (7 U.S.C.
11-25 Section 2131 et seq.) and its subsequent amendments and the
11-26 regulations adopted under that Act relating to:
11-27 (1) facilities and operations;
12-1 (2) animal health and husbandry; and
12-2 (3) veterinary care.
12-3 (b) An owner of a dangerous wild animal shall maintain a
12-4 separate written log for each dangerous wild animal documenting the
12-5 animal's veterinary care and shall make the log available to the
12-6 animal registration agency or its agent on request. The log must:
12-7 (1) identify the animal treated;
12-8 (2) provide the date of treatment;
12-9 (3) describe the type or nature of treatment; and
12-10 (4) provide the name of the attending veterinarian, if
12-11 applicable.
12-12 (c) When transporting a dangerous wild animal, the owner of
12-13 the animal, or a designated carrier or intermediate handler of the
12-14 animal, shall comply with all transportation standards that apply
12-15 to that animal under the Animal Welfare Act (7 U.S.C. Section 2131
12-16 et seq.) and its subsequent amendments or the regulations adopted
12-17 under that Act.
12-18 (d) A person is exempt from the requirements of this section
12-19 if the person is caring for, treating, or transporting an animal
12-20 for which the person holds a Class "A" or Class "B" dealer's
12-21 license or a Class "C" exhibitor's license issued by the secretary
12-22 of agriculture of the United States under the Animal Welfare Act (7
12-23 U.S.C. Section 2131 et seq.) and its subsequent amendments.
12-24 Sec. 822.113. OFFENSE AND PENALTY. (a) A person commits an
12-25 offense if the person violates Section 822.103(a), Section 822.106,
12-26 or Section 822.110(a) or (b). Each animal with respect to which
12-27 there is a violation and each day that a violation continues is a
13-1 separate offense.
13-2 (b) A person commits an offense if the person knowingly
13-3 sells or otherwise transfers ownership of a dangerous wild animal
13-4 to a person who does not have a certificate of registration for
13-5 that animal as required by this subchapter.
13-6 (c) An offense under this section is a Class C misdemeanor.
13-7 Sec. 822.114. CIVIL PENALTY. (a) A person who violates
13-8 Section 822.103(a) is liable for a civil penalty of not less than
13-9 $200 and not more than $2,000 for each animal with respect to which
13-10 there is a violation and for each day the violation continues.
13-11 (b) The county or municipality in which the violation occurs
13-12 may sue to collect a civil penalty. A civil penalty collected
13-13 under this subsection may be retained by the county or
13-14 municipality.
13-15 (c) The county or municipality in which the violation occurs
13-16 may also recover the reasonable costs of investigation, reasonable
13-17 attorney's fees, and reasonable expert witness fees incurred by the
13-18 animal registration agency in the civil action. Costs or fees
13-19 recovered under this subsection shall be credited to the operating
13-20 account from which payment for the animal registration agency's
13-21 expenditures was made.
13-22 Sec. 822.115. INJUNCTION. Any person who is directly harmed
13-23 or threatened with harm by a violation of this subchapter or a
13-24 failure to enforce this subchapter may sue an owner of a dangerous
13-25 wild animal to enjoin a violation of this subchapter or to enforce
13-26 this subchapter.
13-27 Sec. 822.116. EFFECT OF SUBCHAPTER ON OTHER LAW. (a) This
14-1 subchapter does not affect the applicability of any other law,
14-2 rule, order, ordinance, or other legal requirement of this state or
14-3 a political subdivision of this state.
14-4 (b) This subchapter does not prevent a municipality or
14-5 county from prohibiting or regulating by ordinance or order the
14-6 ownership, possession, confinement, or care of a dangerous wild
14-7 animal.
14-8 SECTION 2. Section 240.002(a), Local Government Code, is
14-9 amended to read as follows:
14-10 (a) The commissioners court of a county by order may
14-11 prohibit or regulate the keeping of a wild animal in the county[:]
14-12 [(1) at a residence; or]
14-13 [(2) within 1,000 feet of a residence or public
14-14 school].
14-15 SECTION 3. Section 42.09, Penal Code, is amended by adding
14-16 Subsection (g) to read as follows:
14-17 (g) It is a defense to prosecution for an offense under this
14-18 section that the person had a reasonable fear of bodily injury to
14-19 the person or to another by a dangerous wild animal as defined by
14-20 Section 822.101, Health and Safety Code.
14-21 SECTION 4. Section 42.01, Penal Code, is amended by adding
14-22 Subsection (e) to read as follows:
14-23 (e) It is a defense to prosecution for an offense under
14-24 Subsection (a)(9) or (11) that the person who discharged the
14-25 firearm had a reasonable fear of bodily injury to the person or to
14-26 another by a dangerous wild animal as defined by Section 822.101,
14-27 Health and Safety Code.
15-1 SECTION 5. Section 240.0025, Local Government Code, is
15-2 repealed.
15-3 SECTION 6. (a) Except as provided by this section, this Act
15-4 takes effect September 1, 2001.
15-5 (b) A person is not required to obtain a certificate of
15-6 registration for a dangerous wild animal under Subchapter E,
15-7 Chapter 822, Health and Safety Code, as added by this Act, before
15-8 June 1, 2002.
15-9 (c) Not later than December 1, 2001, each municipality and
15-10 county shall adopt any ordinance or order necessary to implement
15-11 and administer the certificate of registration program created by
15-12 Subchapter E, Chapter 822, Health and Safety Code, as added by this
15-13 Act, including ordinances or orders relating to the applications
15-14 for original and renewal certificates of registration, fees for
15-15 registration and renewal, and the form and content of the
15-16 application and the certificate of registration.
15-17 (d) Not later than March 1, 2002, the Texas Board of Health
15-18 shall adopt the rules required under Section 822.111, Health and
15-19 Safety Code, as added by this Act.