By Chavez H.B. No. 2933
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of circuses, carnivals, and zoos.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 2152.002, Occupations Code, is amended to
1-5 read as follows:
1-6 Sec. 2152.002. EXEMPTION FROM REGULATION. This chapter does
1-7 not apply to:
1-8 (1) [a circus, carnival, or zoo licensed under the
1-9 federal Animal Welfare Act (7 U.S.C. Section 2131 et seq.) and that
1-10 furnishes proof to the commissioner that it is inspected by the
1-11 federal agency administering that act at least once each calendar
1-12 year;]
1-13 [(2)] a zoo:
1-14 (A) operated by a political subdivision of this
1-15 state or a child-care institution; or
1-16 (B) accredited by the American Association of
1-17 Zoological Parks and Aquariums;
1-18 (2) [(3)] a premises where nonindigenous ruminants are
1-19 bred and raised; or
1-20 (3) [(4)] an organization sponsoring, and all persons
1-21 participating in, an exhibition of a domestic livestock show or
1-22 rodeo.
1-23 SECTION 2. The heading of Subchapter B, Chapter 2152,
2-1 Occupations Code, is amended to read as follows:
2-2 SUBCHAPTER B. [BOARD] POWERS AND DUTIES OF BOARD AND
2-3 LOCAL ANIMAL AUTHORITY
2-4 SECTION 3. Subchapter B, Chapter 2152, Occupations Code, is
2-5 amended by adding Section 2152.0525 to read as follows:
2-6 Sec. 2152.0525. COMPLIANCE REQUIRED. A person who operates a
2-7 circus, carnival, or zoo shall comply with the operating standards
2-8 adopted by the board under Section 2152.052.
2-9 SECTION 4. Section 2152.053, Occupations Code, is amended to
2-10 read as follows:
2-11 Sec. 2152.053. DESIGNATION OF LOCAL ANIMAL AUTHORITY;
2-12 [BOARD] INSPECTIONS. (a) The commissioners court of each county
2-13 and the governing body of each municipality [board] shall designate
2-14 an officer to act as the local animal authority for the purposes of
2-15 this chapter.
2-16 (b) Except as restricted by board rule, the officer
2-17 designated as the local animal authority may be the local rabies
2-18 control authority, health authority, animal control authority,
2-19 peace officer, or any entity the commissioners court or governing
2-20 body considers appropriate.
2-21 (c) Among other duties, the local animal authority shall:
2-22 (1) inspect circuses, carnivals, and zoos to determine
2-23 if they comply with the standards adopted under Section 2152.052;
2-24 and
2-25 (2) enforce this chapter, the board rules, and the
2-26 ordinances or rules of the municipality or county the local animal
3-1 authority serves.
3-2 (d) [(b)] The local animal authority [board or its agents]
3-3 may enter at reasonable times to conduct an inspection under this
3-4 section.
3-5 (e) [(c)] The board shall prescribe the qualifications for
3-6 the local animal authority [its agents] employed by the county or
3-7 municipality to conduct an inspection under this section.
3-8 SECTION 5. The heading of Subchapter C, Chapter 2152,
3-9 Occupations Code, is amended to read as follows:
3-10 SUBCHAPTER C. LICENSE REQUIREMENTS; EXEMPTIONS
3-11 SECTION 6. Sections 2152.101 and 2152.102, Occupations Code,
3-12 are amended to read as follows:
3-13 Sec. 2152.101. LICENSE REQUIRED. A person required under the
3-14 federal Animal Welfare Act (7 U.S.C. Section 2131 et seq.) to hold
3-15 a license may not operate a circus, carnival, or zoo in this state
3-16 unless the person:
3-17 (1) holds the required [a] license; and
3-18 (2) furnishes proof to the commissioner and the local
3-19 animal authority that [issued under this chapter for] the circus,
3-20 carnival, or zoo has been inspected within the last 12 months by
3-21 the federal agency administering the Animal Welfare Act.
3-22 Sec. 2152.102. EXEMPTION [APPLICATION]. A [To be licensed
3-23 under this chapter, a] person who complies with Section 2152.101 is
3-24 exempt from the requirements of Subchapter B [must:]
3-25 [(1) submit to the board a written application on a
3-26 form prescribed by the board;]
4-1 [(2) furnish information requested by the board; and]
4-2 [(3) pay an application fee].
4-3 SECTION 7. Sections 2152.201 and 2152.202, Occupations Code,
4-4 are amended to read as follows:
4-5 Sec. 2152.201. SEIZURE AND SALE OF ANIMALS. (a) If a person
4-6 who is not exempt under Subchapter C operates a circus, carnival,
4-7 or zoo in violation of the operating standards adopted under
4-8 Subchapter B [a license is suspended or revoked], the local animal
4-9 authority [commissioner] may seek a writ from a justice of the
4-10 peace serving the justice precinct in which the circus, carnival,
4-11 or zoo is located ordering the sheriff or other peace officer to
4-12 seize any of the animals being kept on the premises of the circus,
4-13 carnival, or zoo operated by the person [whose license was
4-14 suspended or revoked].
4-15 (b) The justice of the peace shall issue the writ if the
4-16 justice finds probable cause to believe that any of the animals are
4-17 in danger of being harmed by a gross violation of the operating
4-18 [licensing] standards adopted by the board under Subchapter B.
4-19 (c) The local animal authority [board's employees] may
4-20 accompany the peace officer executing the writ. The local animal
4-21 authority [department] may rent, lease, or acquire facilities for
4-22 keeping impounded animals.
4-23 (d) If a court determines the animals are in danger of being
4-24 harmed by a gross violation of the board's operating standards [the
4-25 license is revoked and the commissioner's decision becomes final],
4-26 the court [commissioner] shall order a public sale by auction of
5-1 the seized animals.
5-2 (e) Proceeds from the sale shall be applied first to the
5-3 expenses incurred in conducting the sale and to the expenses
5-4 incurred by the local animal authority under Subsection (c) of this
5-5 section. The court [commissioner] shall return any excess proceeds
5-6 to the person from whom the animals were seized [whose license is
5-7 revoked].
5-8 (f) The person found to have violated Subchapter B [whose
5-9 license was revoked] or the person's agent may not participate in
5-10 the auction.
5-11 Sec. 2152.202. CRIMINAL PENALTY. (a) A person commits an
5-12 offense if the person knowingly violates Section 2152.0525 or
5-13 2152.101.
5-14 (b) An offense under this section is a Class C misdemeanor.
5-15 SECTION 8. (a) Sections 2152.054, 2152.055, 2152.103, and
5-16 2152.104, Occupations Code, are repealed.
5-17 (b) Subchapter D, Chapter 2152, Occupations Code, is
5-18 repealed.
5-19 SECTION 9. This Act takes effect September 1, 2001.
5-20 SECTION 10. (a) Not later than November 1, 2001, the Texas
5-21 Board of Health shall adopt rules to administer Chapter 2152,
5-22 Occupations Code, as amended by this Act.
5-23 (b) Not later than January 1, 2002, the commissioners court
5-24 of a county or the governing body of a municipality shall appoint
5-25 an officer to serve as the local animal authority as required by
5-26 this Act.
6-1 SECTION 11. (a) The change in law made by this Act to
6-2 Section 2152.202, Occupations Code, applies only to an offense
6-3 committed on or after the effective date of this Act. For purposes
6-4 of this section, an offense is committed before the effective date
6-5 of this Act if any element of the offense occurs before that date.
6-6 (b) An offense committed before the effective date of this
6-7 Act is covered by the law in effect when the offense was committed,
6-8 and the former law is continued in effect for that purpose.