By Goodman H.B. No. 1362
77R4514 JAT-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of dangerous wild animals; imposing
1-3 civil and criminal penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 822, Health and Safety Code, is amended by
1-6 adding Subchapter E to read as follows:
1-7 SUBCHAPTER E. DANGEROUS WILD ANIMALS
1-8 Sec. 822.101. DEFINITIONS. In this subchapter:
1-9 (1) "Animal registration agency" means the municipal
1-10 or county animal control office with authority over the area where
1-11 a dangerous wild animal is kept or a county sheriff in an area that
1-12 does not have an animal control office.
1-13 (2) "Board" means the Texas Board of Health.
1-14 (3) "Commercial activity" means:
1-15 (A) an activity involving a dangerous wild
1-16 animal conducted for profit that is not inherent to the animal's
1-17 nature;
1-18 (B) an activity for which a fee is charged and
1-19 that is entertainment using or an exhibition of the animal; or
1-20 (C) the selling, trading, bartering, or
1-21 auctioning of a dangerous wild animal or a dangerous wild animal's
1-22 body parts.
1-23 (4) "Dangerous wild animal" means:
1-24 (A) a lion;
2-1 (B) a tiger;
2-2 (C) an ocelot;
2-3 (D) a cougar;
2-4 (E) a leopard;
2-5 (F) a cheetah;
2-6 (G) a jaguar;
2-7 (H) a bobcat;
2-8 (I) a lynx;
2-9 (J) a serval;
2-10 (K) a caracal;
2-11 (L) a hyena;
2-12 (M) a bear;
2-13 (N) a coyote;
2-14 (O) a jackal;
2-15 (P) a baboon;
2-16 (Q) a chimpanzee;
2-17 (R) an orangutan;
2-18 (S) a gorilla; or
2-19 (T) any hybrid of an animal listed in this
2-20 subdivision.
2-21 (5) "Owner" means any person who owns, harbors, or has
2-22 custody or control of a dangerous wild animal.
2-23 (6) "Person" means an individual, partnership,
2-24 corporation, trust, estate, joint stock company, foundation, or
2-25 association of individuals.
2-26 (7) "Primary enclosure" means any structure used to
2-27 immediately restrict an animal to a limited amount of space,
3-1 including a cage, pen, run, room, compartment, or hutch.
3-2 (8) "Wildlife sanctuary" means a nonprofit
3-3 organization described in Section 170(b)(1)(A)(vi), Internal
3-4 Revenue Code of 1986, that operates a place of refuge where
3-5 abused, neglected, unwanted, impounded, abandoned, orphaned, or
3-6 displaced wild animals are provided care for their lifetimes or
3-7 released back to their natural habitats and, with respect to any
3-8 animal owned by the organization, does not:
3-9 (A) conduct any commercial activity; or
3-10 (B) breed the animal except as an integral part
3-11 of a species survival plan of the American Zoo and Aquarium
3-12 Association.
3-13 Sec. 822.102. APPLICABILITY OF SUBCHAPTER. This subchapter
3-14 does not apply to:
3-15 (1) a county, municipality, or agency of the state or
3-16 an agency of the United States or an agent or official of a county,
3-17 municipality, or agency acting in an official capacity;
3-18 (2) a research facility, as that term is defined by
3-19 Section 2(e), Animal Welfare Act (7 U.S.C. Section 2132) and its
3-20 subsequent amendments, that is licensed by the secretary of
3-21 agriculture of the United States under that Act;
3-22 (3) an organization that is an accredited member of
3-23 the American Zoo and Aquarium Association;
3-24 (4) a wildlife sanctuary;
3-25 (5) an injured, infirm, orphaned, or abandoned
3-26 dangerous wild animal while being transported for care or
3-27 treatment;
4-1 (6) an injured, infirm, orphaned, or abandoned
4-2 dangerous wild animal while being rehabilitated, treated, or cared
4-3 for by a licensed veterinarian, an incorporated humane society or
4-4 animal shelter, or a person who holds a rehabilitation permit
4-5 issued under Subchapter C, Chapter 43, Parks and Wildlife Code;
4-6 (7) a dangerous wild animal owned by and in the
4-7 custody and control of a transient circus company that is not
4-8 based in this state if:
4-9 (A) the animal is used as an integral part of
4-10 the circus performances; and
4-11 (B) the animal is kept within this state only
4-12 during the time the circus is performing in this state;
4-13 (8) a dangerous wild animal while in the temporary
4-14 custody or control of a television or motion picture production
4-15 company during the filming of a television or motion picture
4-16 production in this state;
4-17 (9) a dangerous wild animal owned by and in the
4-18 possession, custody, or control of a college or university solely
4-19 as a mascot for the college or university;
4-20 (10) a dangerous wild animal while being transported
4-21 in interstate commerce through the state in compliance with the
4-22 Animal Welfare Act (7 U.S.C. Section 2131 et seq.) and its
4-23 subsequent amendments and the regulations adopted under that Act;
4-24 (11) a nonhuman primate owned by and in the control
4-25 and custody of a person whose only business is supplying nonhuman
4-26 primates directly and exclusively to biomedical research
4-27 facilities and who holds a Class "A" or Class "B" dealer's license
5-1 issued by the secretary of agriculture of the United States under
5-2 the Animal Welfare Act (7 U.S.C. Section 2131 et seq.) and its
5-3 subsequent amendments; and
5-4 (12) a dangerous wild animal that is:
5-5 (A) owned by or in the possession, control, or
5-6 custody of a person who is a participant in a species survival plan
5-7 of the American Zoo and Aquarium Association for that species; and
5-8 (B) an integral part of that species survival
5-9 plan.
5-10 Sec. 822.103. CERTIFICATE OF REGISTRATION; FEES. (a) A
5-11 person may not own, harbor, or have custody or control of a
5-12 dangerous wild animal for any purpose unless the person holds a
5-13 certificate of registration for that animal issued by an animal
5-14 registration agency.
5-15 (b) A certificate of registration issued under this
5-16 subchapter is not transferrable and is valid for one year after its
5-17 date of issuance or renewal unless revoked.
5-18 (c) The animal registration agency may establish and charge
5-19 reasonable fees for application, issuance, and renewal of a
5-20 certificate of registration in order to recover the costs
5-21 associated with the administration and enforcement of this
5-22 subchapter. The fee charged to an applicant may not exceed $50 for
5-23 each animal registered and may not exceed $500 for each person
5-24 registering animals, regardless of the number of animals owned by
5-25 the person. The fees collected under this section may be used only
5-26 to administer and enforce this subchapter.
5-27 Sec. 822.104. CERTIFICATE OF REGISTRATION APPLICATION. (a)
6-1 An applicant for an original or renewal certificate of registration
6-2 for a dangerous wild animal must file an application with an animal
6-3 registration agency on a form provided by the animal registration
6-4 agency.
6-5 (b) The application must include:
6-6 (1) the name, address, and telephone number of the
6-7 applicant;
6-8 (2) a complete identification of each animal,
6-9 including species, sex, age, if known, and any distinguishing marks
6-10 or coloration that would aid in the identification of the animal;
6-11 (3) the exact location where each animal is to be
6-12 kept;
6-13 (4) a sworn statement that:
6-14 (A) all information in the application is
6-15 complete and accurate; and
6-16 (B) the applicant has read this subchapter and
6-17 that all facilities used by the applicant to confine or enclose the
6-18 animal comply with the requirements of this subchapter; and
6-19 (5) any other information the animal registration
6-20 agency may require.
6-21 (c) An applicant shall include with each application:
6-22 (1) the nonrefundable fee;
6-23 (2) proof, in a form acceptable by the animal
6-24 registration agency, that the applicant has liability insurance, as
6-25 required by Section 822.107;
6-26 (3) a color photograph of each animal being registered
6-27 taken not earlier than the 30th day before the date the application
7-1 is filed;
7-2 (4) a photograph and a statement of the dimensions of
7-3 the primary enclosure in which each animal is to be kept and a
7-4 scale diagram of the premises where each animal will be kept,
7-5 including the location of any perimeter fencing and any residence
7-6 on the premises; and
7-7 (5) if an applicant holds a Class "A" or Class "B"
7-8 dealer's license or Class "C" exhibitor's license issued by the
7-9 secretary of agriculture of the United States under the Animal
7-10 Welfare Act (7 U.S.C. Section 2131 et seq.) and its subsequent
7-11 amendments, a clear and legible photocopy of the license.
7-12 (d) In addition to the items required under Subsection (c),
7-13 an application for renewal must include a statement signed by a
7-14 veterinarian licensed to practice in this state stating that the
7-15 veterinarian:
7-16 (1) inspected each animal being registered not earlier
7-17 than the 30th day before the date of the filing of the renewal
7-18 application; and
7-19 (2) finds that the care and treatment of each animal
7-20 by the owner meets or exceeds the standards prescribed under this
7-21 subchapter.
7-22 Sec. 822.105. DENIAL OR REVOCATION OF CERTIFICATE OF
7-23 REGISTRATION; APPEAL. (a) If the animal registration agency finds
7-24 that an application for an original or renewal certificate of
7-25 registration under this subchapter does not meet the requirements
7-26 of Section 822.104 or, after inspection, that an applicant has not
7-27 complied with this subchapter, the animal registration agency
8-1 shall deny the applicant a certificate of registration and give the
8-2 applicant written notice of the denial and the reasons for the
8-3 denial.
8-4 (b) If the animal registration agency finds, after
8-5 inspection, that a registered owner provided false information in
8-6 or in connection with the application or has not complied with this
8-7 subchapter, the animal registration agency shall revoke the
8-8 certificate of registration and give the owner written notice of
8-9 the revocation and the reasons for the revocation.
8-10 (c) A person may appeal the denial of an original or renewal
8-11 certificate of registration or the revocation of a certificate of
8-12 registration to the justice court for the precinct in which the
8-13 animal is located or the municipal court in the municipality in
8-14 which the animal is located not later than the 15th day after the
8-15 date the certificate of registration is denied or revoked. Either
8-16 party may appeal the decision of the justice or municipal court to
8-17 a county court at law in the county in which the justice or
8-18 municipal court is located. The decision of the county court at
8-19 law may not be appealed.
8-20 (d) The filing of an appeal of the denial or revocation of a
8-21 certificate of registration under Subsection (c) stays the denial
8-22 or revocation until the court rules on the appeal.
8-23 Sec. 822.106. DISPLAY OF CERTIFICATE OF REGISTRATION. A
8-24 holder of a certificate of registration shall prominently display
8-25 the certificate at the premises where each animal that is the
8-26 subject of the certificate of registration is kept.
8-27 Sec. 822.107. LIABILITY INSURANCE. An owner of a dangerous
9-1 wild animal shall maintain liability insurance coverage in an
9-2 amount of not less than $100,000 for each occurrence for liability
9-3 for damages for destruction of or damage to property and death or
9-4 bodily injury to a person caused by the dangerous wild animal.
9-5 Sec. 822.108. INSPECTION. An owner of a dangerous wild
9-6 animal, at all reasonable times, shall allow the animal
9-7 registration agency, its staff, its agents, or a designated
9-8 licensed veterinarian to enter the premises where the animal is
9-9 kept and to inspect the animal, the primary enclosure for the
9-10 animal, and the owner's records relating to the animal to ensure
9-11 compliance with this subchapter.
9-12 Sec. 822.109. RELOCATION OR DISPOSITION OF ANIMAL. (a) An
9-13 owner of a dangerous wild animal may not permanently relocate the
9-14 animal unless the owner first notifies the animal registration
9-15 agency in writing of the exact location to which the animal will be
9-16 relocated and provides the animal registration agency, with respect
9-17 to the new location, the information required by Section 822.104.
9-18 (b) Within 10 days after the death, sale, or other
9-19 disposition of the animal, the owner of the animal shall notify the
9-20 animal registration agency in writing of the death, sale, or other
9-21 disposition.
9-22 Sec. 822.110. ATTACK BY ANIMAL; ESCAPE OF ANIMAL; LIABILITY.
9-23 (a) An owner of a dangerous wild animal shall notify the animal
9-24 registration agency of any attack of a human by the animal within
9-25 48 hours of the attack.
9-26 (b) An owner of a dangerous wild animal shall immediately
9-27 notify the animal registration agency and the local law enforcement
10-1 agency of any escape of the animal.
10-2 (c) An owner of a dangerous wild animal that escapes is
10-3 liable for all costs incurred in apprehending and confining the
10-4 animal.
10-5 (d) An animal registration agency, a law enforcement agency,
10-6 or an employee of an animal registration agency or law enforcement
10-7 agency is not liable to any person for damages arising in
10-8 connection with the escape of a dangerous wild animal, including
10-9 liability for damage, injury, or death caused by the animal during
10-10 or after the animal's escape, or for injury to or death of the
10-11 animal as a result of apprehension or confinement of the animal
10-12 after escape.
10-13 Sec. 822.111. POWERS AND DUTIES OF BOARD; CAGING
10-14 REQUIREMENTS AND STANDARDS. (a) The board by rule shall establish
10-15 caging requirements and standards for the keeping and confinement
10-16 of a dangerous wild animal to ensure that the animal is kept in a
10-17 manner and confined in a primary enclosure that:
10-18 (1) protects and enhances the public's health and
10-19 safety;
10-20 (2) prevents escape by the animal; and
10-21 (3) provides a safe, healthy, and humane environment
10-22 for the animal.
10-23 (b) An owner of a dangerous wild animal shall keep and
10-24 confine the animal in accordance with the caging requirements and
10-25 standards established by the board.
10-26 (c) An animal registration agency may approve a deviation
10-27 from the caging requirements and standards established by the
11-1 board, only if:
11-2 (1) the animal registration agency has good cause for
11-3 the deviation; and
11-4 (2) the deviation:
11-5 (A) does not compromise the public's health and
11-6 safety;
11-7 (B) does not reduce the total area of the
11-8 primary enclosure below that established by the board; and
11-9 (C) does not otherwise adversely affect the
11-10 overall welfare of the animal involved.
11-11 Sec. 822.112. CARE, TREATMENT, AND TRANSPORTATION OF ANIMAL.
11-12 (a) For each dangerous wild animal, the owner shall comply with
11-13 all applicable standards of the Animal Welfare Act (7 U.S.C.
11-14 Section 2131 et seq.) and its subsequent amendments and the
11-15 regulations adopted under that Act relating to:
11-16 (1) facilities and operations;
11-17 (2) animal health and husbandry; and
11-18 (3) veterinary care.
11-19 (b) An owner of a dangerous wild animal shall maintain a
11-20 separate written log for each dangerous wild animal documenting the
11-21 animal's veterinary care and shall make the log available to the
11-22 animal registration agency or its agent on request. The log must:
11-23 (1) identify the animal treated;
11-24 (2) provide the date of treatment;
11-25 (3) describe the type or nature of treatment; and
11-26 (4) provide the name of the attending veterinarian, if
11-27 applicable.
12-1 (c) When transporting a dangerous wild animal, the owner of
12-2 the animal, or a designated carrier or intermediate handler of the
12-3 animal, shall comply with all transportation standards that apply
12-4 to that animal under the Animal Welfare Act (7 U.S.C. Section 2131
12-5 et seq.) and its subsequent amendments or the regulations adopted
12-6 under that Act.
12-7 (d) A person is exempt from the requirements of this section
12-8 if the person is caring for, treating, or transporting an animal
12-9 for which the person holds a Class "A" or Class "B" dealer's
12-10 license or a Class "C" exhibitor's license issued by the secretary
12-11 of agriculture of the United States under the Animal Welfare Act (7
12-12 U.S.C. Section 2131 et seq.) and its subsequent amendments.
12-13 Sec. 822.113. OFFENSE AND PENALTY. (a) A person commits an
12-14 offense if the person violates Section 822.103(a) or Section
12-15 822.110(a) or (b). Each animal with respect to which there is a
12-16 violation and each day that a violation continues is a separate
12-17 offense.
12-18 (b) A person commits an offense if the person knowingly
12-19 sells or otherwise transfers ownership of a dangerous wild animal
12-20 to a person who does not have a certificate of registration for
12-21 that animal as required by this subchapter.
12-22 (c) An offense under this section is a Class C misdemeanor.
12-23 Sec. 822.114. CIVIL PENALTY. (a) A person who violates
12-24 Section 822.103(a) is liable for a civil penalty of not less than
12-25 $200 and not more than $2,000 for each animal with respect to which
12-26 there is a violation and for each day the violation continues.
12-27 (b) The county or municipality in which the violation occurs
13-1 may sue to collect a civil penalty. A civil penalty collected
13-2 under this subsection may be retained by the county or
13-3 municipality.
13-4 (c) The county or municipality in which the violation occurs
13-5 may also recover the reasonable costs of investigation, reasonable
13-6 attorney's fees, and reasonable expert witness fees incurred by the
13-7 animal registration agency in the civil action. Costs or fees
13-8 recovered under this subsection shall be credited to the operating
13-9 account from which payment for the animal registration agency's
13-10 expenditures was made.
13-11 Sec. 822.115. INJUNCTION. Any person who is directly harmed
13-12 or threatened with harm by a violation of this subchapter or a
13-13 failure to enforce this subchapter may sue an owner of a dangerous
13-14 wild animal to enjoin a violation of this subchapter or to enforce
13-15 this subchapter.
13-16 Sec. 822.116. EFFECT OF SUBCHAPTER ON OTHER LAW. (a) This
13-17 subchapter does not affect the applicability of any other law,
13-18 rule, order, ordinance, or other legal requirement of this state or
13-19 a political subdivision of this state.
13-20 (b) This subchapter does not prevent a municipality or
13-21 county from prohibiting or regulating by ordinance or order the
13-22 ownership, possession, confinement, or care of a dangerous wild
13-23 animal.
13-24 SECTION 2. Section 240.002(a), Local Government Code, is
13-25 amended to read as follows:
13-26 (a) The commissioners court of a county by order may
13-27 prohibit or regulate the keeping of a wild animal in the county[:]
14-1 [(1) at a residence; or]
14-2 [(2) within 1,000 feet of a residence or public
14-3 school].
14-4 SECTION 3. Section 240.0025, Local Government Code, is
14-5 repealed.
14-6 SECTION 4. (a) Except as provided by this section, this Act
14-7 takes effect September 1, 2001.
14-8 (b) A person is not required to obtain a certificate of
14-9 registration for a dangerous wild animal under Subchapter E,
14-10 Chapter 822, Health and Safety Code, as added by this Act, before
14-11 June 1, 2002.
14-12 (c) Not later than December 1, 2001, each municipality and
14-13 county shall adopt any ordinance or order necessary to implement
14-14 and administer the certificate of registration program created by
14-15 Subchapter E, Chapter 822, Health and Safety Code, as added by this
14-16 Act, including ordinances or orders relating to the applications
14-17 for original and renewal certificates of registration, fees for
14-18 registration and renewal, and the form and content of the
14-19 application and the certificate of registration.
14-20 (d) Not later than March 1, 2002, the Texas Board of Health
14-21 shall adopt the rules required under Section 822.111, Health and
14-22 Safety Code, as added by this Act.