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