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