1-1 By: Goodman, Williams, et al. H.B. No. 1362
1-2 (Senate Sponsor - Harris)
1-3 (In the Senate - Received from the House March 12, 2001;
1-4 March 14, 2001, read first time and referred to Committee on State
1-5 Affairs; March 28, 2001, reported favorably by the following vote:
1-6 Yeas 9, Nays 0; March 28, 2001, sent to printer.)
1-7 A BILL TO BE ENTITLED
1-8 AN ACT
1-9 relating to the regulation of dangerous wild animals; providing for
1-10 the imposition of civil penalties and the prosecution and
1-11 punishment of certain related offenses.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Chapter 822, Health and Safety Code, is amended by
1-14 adding Subchapter E to read as follows:
1-15 SUBCHAPTER E. DANGEROUS WILD ANIMALS
1-16 Sec. 822.101. DEFINITIONS. In this subchapter:
1-17 (1) "Animal registration agency" means the municipal
1-18 or county animal control office with authority over the area where
1-19 a dangerous wild animal is kept or a county sheriff in an area that
1-20 does not have an animal control office.
1-21 (2) "Board" means the Texas Board of Health.
1-22 (3) "Commercial activity" means:
1-23 (A) an activity involving a dangerous wild
1-24 animal conducted for profit that is not inherent to the animal's
1-25 nature;
1-26 (B) an activity for which a fee is charged and
1-27 that is entertainment using or an exhibition of the animal; or
1-28 (C) the selling, trading, bartering, or
1-29 auctioning of a dangerous wild animal or a dangerous wild animal's
1-30 body parts.
1-31 (4) "Dangerous wild animal" means:
1-32 (A) a lion;
1-33 (B) a tiger;
1-34 (C) an ocelot;
1-35 (D) a cougar;
1-36 (E) a leopard;
1-37 (F) a cheetah;
1-38 (G) a jaguar;
1-39 (H) a bobcat;
1-40 (I) a lynx;
1-41 (J) a serval;
1-42 (K) a caracal;
1-43 (L) a hyena;
1-44 (M) a bear;
1-45 (N) a coyote;
1-46 (O) a jackal;
1-47 (P) a baboon;
1-48 (Q) a chimpanzee;
1-49 (R) an orangutan;
1-50 (S) a gorilla; or
1-51 (T) any hybrid of an animal listed in this
1-52 subdivision.
1-53 (5) "Owner" means any person who owns, harbors, or has
1-54 custody or control of a dangerous wild animal.
1-55 (6) "Person" means an individual, partnership,
1-56 corporation, trust, estate, joint stock company, foundation, or
1-57 association of individuals.
1-58 (7) "Primary enclosure" means any structure used to
1-59 immediately restrict an animal to a limited amount of space,
1-60 including a cage, pen, run, room, compartment, or hutch.
1-61 (8) "Wildlife sanctuary" means a nonprofit
1-62 organization described in Section 170(b)(1)(A)(vi), Internal
1-63 Revenue Code of 1986, that operates a place of refuge where
1-64 abused, neglected, unwanted, impounded, abandoned, orphaned, or
2-1 displaced wild animals are provided care for their lifetimes or
2-2 released back to their natural habitats and, with respect to any
2-3 animal owned by the organization, does not:
2-4 (A) conduct any commercial activity; or
2-5 (B) breed the animal except as an integral part
2-6 of a species survival plan of the American Zoo and Aquarium
2-7 Association.
2-8 Sec. 822.102. APPLICABILITY OF SUBCHAPTER. (a) This
2-9 subchapter does not apply to:
2-10 (1) a county, municipality, or agency of the state or
2-11 an agency of the United States or an agent or official of a county,
2-12 municipality, or agency acting in an official capacity;
2-13 (2) a research facility, as that term is defined by
2-14 Section 2(e), Animal Welfare Act (7 U.S.C. Section 2132), and its
2-15 subsequent amendments, that is licensed by the secretary of
2-16 agriculture of the United States under that Act;
2-17 (3) an organization that is an accredited member of
2-18 the American Zoo and Aquarium Association;
2-19 (4) a wildlife sanctuary;
2-20 (5) an injured, infirm, orphaned, or abandoned
2-21 dangerous wild animal while being transported for care or
2-22 treatment;
2-23 (6) an injured, infirm, orphaned, or abandoned
2-24 dangerous wild animal while being rehabilitated, treated, or cared
2-25 for by a licensed veterinarian, an incorporated humane society or
2-26 animal shelter, or a person who holds a rehabilitation permit
2-27 issued under Subchapter C, Chapter 43, Parks and Wildlife Code;
2-28 (7) a dangerous wild animal owned by and in the
2-29 custody and control of a transient circus company that is not
2-30 based in this state if:
2-31 (A) the animal is used as an integral part of
2-32 the circus performances; and
2-33 (B) the animal is kept within this state only
2-34 during the time the circus is performing in this state;
2-35 (8) a dangerous wild animal while in the temporary
2-36 custody or control of a television or motion picture production
2-37 company during the filming of a television or motion picture
2-38 production in this state;
2-39 (9) a dangerous wild animal owned by and in the
2-40 possession, custody, or control of a college or university solely
2-41 as a mascot for the college or university;
2-42 (10) a dangerous wild animal while being transported
2-43 in interstate commerce through the state in compliance with the
2-44 Animal Welfare Act (7 U.S.C. Section 2131 et seq.) and its
2-45 subsequent amendments and the regulations adopted under that Act;
2-46 (11) a nonhuman primate owned by and in the control
2-47 and custody of a person whose only business is supplying nonhuman
2-48 primates directly and exclusively to biomedical research
2-49 facilities and who holds a Class "A" or Class "B" dealer's license
2-50 issued by the secretary of agriculture of the United States under
2-51 the Animal Welfare Act (7 U.S.C. Section 2131 et seq.) and its
2-52 subsequent amendments; and
2-53 (12) a dangerous wild animal that is:
2-54 (A) owned by or in the possession, control, or
2-55 custody of a person who is a participant in a species survival plan
2-56 of the American Zoo and Aquarium Association for that species; and
2-57 (B) an integral part of that species survival
2-58 plan.
2-59 (b) This subchapter does not require a municipality that
2-60 does not have an animal control office to create that office.
2-61 Sec. 822.103. CERTIFICATE OF REGISTRATION; FEES. (a) A
2-62 person may not own, harbor, or have custody or control of a
2-63 dangerous wild animal for any purpose unless the person holds a
2-64 certificate of registration for that animal issued by an animal
2-65 registration agency.
2-66 (b) A certificate of registration issued under this
2-67 subchapter is not transferrable and is valid for one year after its
2-68 date of issuance or renewal unless revoked.
2-69 (c) The animal registration agency may establish and charge
3-1 reasonable fees for application, issuance, and renewal of a
3-2 certificate of registration in order to recover the costs
3-3 associated with the administration and enforcement of this
3-4 subchapter. The fee charged to an applicant may not exceed $50 for
3-5 each animal registered and may not exceed $500 for each person
3-6 registering animals, regardless of the number of animals owned by
3-7 the person. The fees collected under this section may be used only
3-8 to administer and enforce this subchapter.
3-9 Sec. 822.104. CERTIFICATE OF REGISTRATION APPLICATION. (a)
3-10 An applicant for an original or renewal certificate of registration
3-11 for a dangerous wild animal must file an application with an animal
3-12 registration agency on a form provided by the animal registration
3-13 agency.
3-14 (b) The application must include:
3-15 (1) the name, address, and telephone number of the
3-16 applicant;
3-17 (2) a complete identification of each animal,
3-18 including species, sex, age, if known, and any distinguishing marks
3-19 or coloration that would aid in the identification of the animal;
3-20 (3) the exact location where each animal is to be
3-21 kept;
3-22 (4) a sworn statement that:
3-23 (A) all information in the application is
3-24 complete and accurate; and
3-25 (B) the applicant has read this subchapter and
3-26 that all facilities used by the applicant to confine or enclose the
3-27 animal comply with the requirements of this subchapter; and
3-28 (5) any other information the animal registration
3-29 agency may require.
3-30 (c) An applicant shall include with each application:
3-31 (1) the nonrefundable fee;
3-32 (2) proof, in a form acceptable by the animal
3-33 registration agency, that the applicant has liability insurance, as
3-34 required by Section 822.107;
3-35 (3) a color photograph of each animal being registered
3-36 taken not earlier than the 30th day before the date the application
3-37 is filed;
3-38 (4) a photograph and a statement of the dimensions of
3-39 the primary enclosure in which each animal is to be kept and a
3-40 scale diagram of the premises where each animal will be kept,
3-41 including the location of any perimeter fencing and any residence
3-42 on the premises; and
3-43 (5) if an applicant holds a Class "A" or Class "B"
3-44 dealer's license or Class "C" exhibitor's license issued by the
3-45 secretary of agriculture of the United States under the Animal
3-46 Welfare Act (7 U.S.C. Section 2131 et seq.) and its subsequent
3-47 amendments, a clear and legible photocopy of the license.
3-48 (d) In addition to the items required under Subsection (c),
3-49 an application for renewal must include a statement signed by a
3-50 veterinarian licensed to practice in this state stating that the
3-51 veterinarian:
3-52 (1) inspected each animal being registered not earlier
3-53 than the 30th day before the date of the filing of the renewal
3-54 application; and
3-55 (2) finds that the care and treatment of each animal
3-56 by the owner meets or exceeds the standards prescribed under this
3-57 subchapter.
3-58 Sec. 822.105. DENIAL OR REVOCATION OF CERTIFICATE OF
3-59 REGISTRATION; APPEAL. (a) If the animal registration agency finds
3-60 that an application for an original or renewal certificate of
3-61 registration under this subchapter does not meet the requirements
3-62 of Section 822.104 or, after inspection, that an applicant has not
3-63 complied with this subchapter, the animal registration agency
3-64 shall deny the applicant a certificate of registration and give the
3-65 applicant written notice of the denial and the reasons for the
3-66 denial.
3-67 (b) If the animal registration agency finds, after
3-68 inspection, that a registered owner provided false information in
3-69 or in connection with the application or has not complied with this
4-1 subchapter, the animal registration agency shall revoke the
4-2 certificate of registration and give the owner written notice of
4-3 the revocation and the reasons for the revocation.
4-4 (c) A person may appeal the denial of an original or renewal
4-5 certificate of registration or the revocation of a certificate of
4-6 registration to the justice court for the precinct in which the
4-7 animal is located or the municipal court in the municipality in
4-8 which the animal is located not later than the 15th day after the
4-9 date the certificate of registration is denied or revoked. Either
4-10 party may appeal the decision of the justice or municipal court to
4-11 a county court or county court at law in the county in which the
4-12 justice or municipal court is located. The decision of the county
4-13 court or county court at law may not be appealed.
4-14 (d) The filing of an appeal of the denial or revocation of a
4-15 certificate of registration under Subsection (c) stays the denial
4-16 or revocation until the court rules on the appeal.
4-17 Sec. 822.106. DISPLAY OF CERTIFICATE OF REGISTRATION. (a)
4-18 A holder of a certificate of registration shall prominently display
4-19 the certificate at the premises where each animal that is the
4-20 subject of the certificate of registration is kept.
4-21 (b) Not later than the 10th day after the date a person
4-22 receives a certificate of registration, the person shall file a
4-23 clear and legible copy of the certificate of registration with the
4-24 Texas Department of Health. The department shall establish a
4-25 procedure for filing a certificate of registration and shall charge
4-26 a reasonable fee in an amount sufficient to recover the cost
4-27 associated with filing a certificate of registration under this
4-28 subsection.
4-29 Sec. 822.107. LIABILITY INSURANCE. An owner of a dangerous
4-30 wild animal shall maintain liability insurance coverage in an
4-31 amount of not less than $100,000 for each occurrence for liability
4-32 for damages for destruction of or damage to property and death or
4-33 bodily injury to a person caused by the dangerous wild animal.
4-34 Sec. 822.108. INSPECTION. An owner of a dangerous wild
4-35 animal, at all reasonable times, shall allow the animal
4-36 registration agency, its staff, its agents, or a designated
4-37 licensed veterinarian to enter the premises where the animal is
4-38 kept and to inspect the animal, the primary enclosure for the
4-39 animal, and the owner's records relating to the animal to ensure
4-40 compliance with this subchapter.
4-41 Sec. 822.109. RELOCATION OR DISPOSITION OF ANIMAL. (a) An
4-42 owner of a dangerous wild animal may not permanently relocate the
4-43 animal unless the owner first notifies the animal registration
4-44 agency in writing of the exact location to which the animal will be
4-45 relocated and provides the animal registration agency, with respect
4-46 to the new location, the information required by Section 822.104.
4-47 (b) Within 10 days after the death, sale, or other
4-48 disposition of the animal, the owner of the animal shall notify the
4-49 animal registration agency in writing of the death, sale, or other
4-50 disposition.
4-51 Sec. 822.110. ATTACK BY ANIMAL; ESCAPE OF ANIMAL; LIABILITY.
4-52 (a) An owner of a dangerous wild animal shall notify the animal
4-53 registration agency of any attack of a human by the animal within
4-54 48 hours of the attack.
4-55 (b) An owner of a dangerous wild animal shall immediately
4-56 notify the animal registration agency and the local law enforcement
4-57 agency of any escape of the animal.
4-58 (c) An owner of a dangerous wild animal that escapes is
4-59 liable for all costs incurred in apprehending and confining the
4-60 animal.
4-61 (d) An animal registration agency, a law enforcement agency,
4-62 or an employee of an animal registration agency or law enforcement
4-63 agency is not liable to an owner of a dangerous wild animal for
4-64 damages arising in connection with the escape of a dangerous wild
4-65 animal, including liability for damage, injury, or death caused by
4-66 the animal during or after the animal's escape, or for injury to or
4-67 death of the animal as a result of apprehension or confinement of
4-68 the animal after escape.
4-69 Sec. 822.111. POWERS AND DUTIES OF BOARD; CAGING
5-1 REQUIREMENTS AND STANDARDS. (a) The board by rule shall establish
5-2 caging requirements and standards for the keeping and confinement
5-3 of a dangerous wild animal to ensure that the animal is kept in a
5-4 manner and confined in a primary enclosure that:
5-5 (1) protects and enhances the public's health and
5-6 safety;
5-7 (2) prevents escape by the animal; and
5-8 (3) provides a safe, healthy, and humane environment
5-9 for the animal.
5-10 (b) An owner of a dangerous wild animal shall keep and
5-11 confine the animal in accordance with the caging requirements and
5-12 standards established by the board.
5-13 (c) An animal registration agency may approve a deviation
5-14 from the caging requirements and standards established by the
5-15 board, only if:
5-16 (1) the animal registration agency has good cause for
5-17 the deviation; and
5-18 (2) the deviation:
5-19 (A) does not compromise the public's health and
5-20 safety;
5-21 (B) does not reduce the total area of the
5-22 primary enclosure below that established by the board; and
5-23 (C) does not otherwise adversely affect the
5-24 overall welfare of the animal involved.
5-25 Sec. 822.112. CARE, TREATMENT, AND TRANSPORTATION OF ANIMAL.
5-26 (a) For each dangerous wild animal, the owner shall comply with
5-27 all applicable standards of the Animal Welfare Act (7 U.S.C.
5-28 Section 2131 et seq.) and its subsequent amendments and the
5-29 regulations adopted under that Act relating to:
5-30 (1) facilities and operations;
5-31 (2) animal health and husbandry; and
5-32 (3) veterinary care.
5-33 (b) An owner of a dangerous wild animal shall maintain a
5-34 separate written log for each dangerous wild animal documenting the
5-35 animal's veterinary care and shall make the log available to the
5-36 animal registration agency or its agent on request. The log must:
5-37 (1) identify the animal treated;
5-38 (2) provide the date of treatment;
5-39 (3) describe the type or nature of treatment; and
5-40 (4) provide the name of the attending veterinarian, if
5-41 applicable.
5-42 (c) When transporting a dangerous wild animal, the owner of
5-43 the animal, or a designated carrier or intermediate handler of the
5-44 animal, shall comply with all transportation standards that apply
5-45 to that animal under the Animal Welfare Act (7 U.S.C. Section 2131
5-46 et seq.) and its subsequent amendments or the regulations adopted
5-47 under that Act.
5-48 (d) A person is exempt from the requirements of this section
5-49 if the person is caring for, treating, or transporting an animal
5-50 for which the person holds a Class "A" or Class "B" dealer's
5-51 license or a Class "C" exhibitor's license issued by the secretary
5-52 of agriculture of the United States under the Animal Welfare Act (7
5-53 U.S.C. Section 2131 et seq.) and its subsequent amendments.
5-54 Sec. 822.113. OFFENSE AND PENALTY. (a) A person commits an
5-55 offense if the person violates Section 822.103(a), Section 822.106,
5-56 or Section 822.110(a) or (b). Each animal with respect to which
5-57 there is a violation and each day that a violation continues is a
5-58 separate offense.
5-59 (b) A person commits an offense if the person knowingly
5-60 sells or otherwise transfers ownership of a dangerous wild animal
5-61 to a person who does not have a certificate of registration for
5-62 that animal as required by this subchapter.
5-63 (c) An offense under this section is a Class C misdemeanor.
5-64 Sec. 822.114. CIVIL PENALTY. (a) A person who violates
5-65 Section 822.103(a) is liable for a civil penalty of not less than
5-66 $200 and not more than $2,000 for each animal with respect to which
5-67 there is a violation and for each day the violation continues.
5-68 (b) The county or municipality in which the violation occurs
5-69 may sue to collect a civil penalty. A civil penalty collected
6-1 under this subsection may be retained by the county or
6-2 municipality.
6-3 (c) The county or municipality in which the violation occurs
6-4 may also recover the reasonable costs of investigation, reasonable
6-5 attorney's fees, and reasonable expert witness fees incurred by the
6-6 animal registration agency in the civil action. Costs or fees
6-7 recovered under this subsection shall be credited to the operating
6-8 account from which payment for the animal registration agency's
6-9 expenditures was made.
6-10 Sec. 822.115. INJUNCTION. Any person who is directly harmed
6-11 or threatened with harm by a violation of this subchapter or a
6-12 failure to enforce this subchapter may sue an owner of a dangerous
6-13 wild animal to enjoin a violation of this subchapter or to enforce
6-14 this subchapter.
6-15 Sec. 822.116. EFFECT OF SUBCHAPTER ON OTHER LAW. (a) This
6-16 subchapter does not affect the applicability of any other law,
6-17 rule, order, ordinance, or other legal requirement of this state or
6-18 a political subdivision of this state.
6-19 (b) This subchapter does not prevent a municipality or
6-20 county from prohibiting or regulating by ordinance or order the
6-21 ownership, possession, confinement, or care of a dangerous wild
6-22 animal.
6-23 SECTION 2. Section 240.002(a), Local Government Code, is
6-24 amended to read as follows:
6-25 (a) The commissioners court of a county by order may
6-26 prohibit or regulate the keeping of a wild animal in the county[:]
6-27 [(1) at a residence; or]
6-28 [(2) within 1,000 feet of a residence or public
6-29 school].
6-30 SECTION 3. Section 42.09, Penal Code, is amended by adding
6-31 Subsection (g) to read as follows:
6-32 (g) It is a defense to prosecution for an offense under this
6-33 section that the person had a reasonable fear of bodily injury to
6-34 the person or to another by a dangerous wild animal as defined by
6-35 Section 822.101, Health and Safety Code.
6-36 SECTION 4. Section 42.01, Penal Code, is amended by adding
6-37 Subsection (e) to read as follows:
6-38 (e) It is a defense to prosecution for an offense under
6-39 Subsection (a)(9) or (11) that the person who discharged the
6-40 firearm had a reasonable fear of bodily injury to the person or to
6-41 another by a dangerous wild animal as defined by Section 822.101,
6-42 Health and Safety Code.
6-43 SECTION 5. Section 240.0025, Local Government Code, is
6-44 repealed.
6-45 SECTION 6. (a) Except as provided by this section, this Act
6-46 takes effect September 1, 2001.
6-47 (b) A person is not required to obtain a certificate of
6-48 registration for a dangerous wild animal under Subchapter E,
6-49 Chapter 822, Health and Safety Code, as added by this Act, before
6-50 June 1, 2002.
6-51 (c) Not later than December 1, 2001, each municipality and
6-52 county shall adopt any ordinance or order necessary to implement
6-53 and administer the certificate of registration program created by
6-54 Subchapter E, Chapter 822, Health and Safety Code, as added by this
6-55 Act, including ordinances or orders relating to the applications
6-56 for original and renewal certificates of registration, fees for
6-57 registration and renewal, and the form and content of the
6-58 application and the certificate of registration.
6-59 (d) Not later than March 1, 2002, the Texas Board of Health
6-60 shall adopt the rules required under Section 822.111, Health and
6-61 Safety Code, as added by this Act.
6-62 * * * * *