By Harris                                              S.B. No. 235
         77R1268 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)  "Dangerous wild animal" means:
1-15                       (A)  a lion;
1-16                       (B)  a tiger;
1-17                       (C)  an ocelot;
1-18                       (D)  a cougar;
1-19                       (E)  a leopard;
1-20                       (F)  a cheetah;
1-21                       (G)  a jaguar;
1-22                       (H)  a bobcat;
1-23                       (I)  a lynx;
1-24                       (J)  a serval;
 2-1                       (K)  a caracal;
 2-2                       (L)  a hyena;
 2-3                       (M)  a bear;
 2-4                       (N)  a coyote;
 2-5                       (O)  a jackal;
 2-6                       (P)  a baboon;
 2-7                       (Q)  a chimpanzee;
 2-8                       (R)  an orangutan;
 2-9                       (S)  a gorilla; or
2-10                       (T)  any hybrid of an animal listed in this
2-11     subdivision.
2-12                 (4)  "Owner" means any person who owns, harbors, or has
2-13     custody or control of a dangerous wild animal.
2-14                 (5)  "Person" means an individual, partnership,
2-15     corporation, trust, estate, joint stock company, foundation, or
2-16     association of individuals.
2-17                 (6)  "Primary enclosure" means any structure used to
2-18     immediately restrict an animal to a limited amount of space,
2-19     including  a cage,  pen,  run, room, compartment, or hutch.
2-20                 (7)  "Wildlife sanctuary" means a nonprofit
2-21     organization described in Section 170(b)(1)(A)(vi), Internal
2-22     Revenue  Code of 1986, that operates a place of refuge where
2-23     abused, neglected, unwanted, impounded, abandoned, orphaned, or
2-24     displaced wild animals are provided care for their lifetimes or
2-25     released back to their natural habitats and, with respect to any
2-26     animal owned by the organization, does not:
2-27                       (A)  conduct any activity that is not inherent to
 3-1     the animal's nature;
 3-2                       (B)  use the animal for any type of entertainment
 3-3     or public exhibition;
 3-4                       (C)  sell, trade, or barter the animal or the
 3-5     animal's body parts; or
 3-6                       (D)  breed the animal.
 3-7           Sec. 822.102.  APPLICABILITY OF SUBCHAPTER.  This subchapter
 3-8     does not apply to:
 3-9                 (1)  a county, municipality, or agency of the state or
3-10     an agency of the United States or an agent or official of a county,
3-11     municipality, or agency acting in an official capacity;
3-12                 (2)  a research facility, as that term is defined by
3-13     Section 2(e), Animal Welfare Act (7 U.S.C. Section 2132) and its
3-14     subsequent amendments, that is licensed by the secretary of
3-15     agriculture of the United States under that Act;
3-16                 (3)  an organization that is an accredited member of
3-17     the American Zoo and Aquarium Association;
3-18                 (4)  a wildlife sanctuary;
3-19                 (5)  an injured, infirm, orphaned, or abandoned
3-20     dangerous wild animal while being transported for care or
3-21     treatment;
3-22                 (6)  an injured, infirm, orphaned, or abandoned
3-23     dangerous wild animal while being rehabilitated, treated, or cared
3-24     for by a licensed veterinarian, an incorporated humane society or
3-25     animal shelter, or a person who holds a rehabilitation permit
3-26     issued under Subchapter C, Chapter 43, Parks and Wildlife Code;
3-27                 (7)  a dangerous wild animal owned by and in the
 4-1     custody and control of a  transient circus company that is not
 4-2     based in this state if:
 4-3                       (A)  the animal is used as an integral part of
 4-4     the circus performances; and
 4-5                       (B)  the animal is kept within this state only
 4-6     during the time the circus is performing in this state;
 4-7                 (8)  a dangerous wild animal while in the temporary
 4-8     custody or control of a television or motion picture production
 4-9     company during the filming of a television or motion picture
4-10     production in this state;
4-11                 (9)  a dangerous wild animal owned by and in the
4-12     possession, custody, or control of a college or university solely
4-13     as a mascot for the college or university;
4-14                 (10)  a dangerous wild animal while being transported
4-15     in interstate commerce through the state in compliance with the
4-16     Animal Welfare Act (7 U.S.C. Section 2131 et seq.) and its
4-17     subsequent amendments and the regulations adopted under that Act;
4-18     and
4-19                 (11)  a nonhuman primate owned by and in the control
4-20     and custody of a person  whose only business is supplying nonhuman
4-21     primates directly and exclusively to  biomedical research
4-22     facilities and who holds a Class "A" or Class "B" dealer's license
4-23     issued by the secretary of agriculture of the United States under
4-24     the Animal Welfare Act (7 U.S.C. Section 2131 et seq.) and its
4-25     subsequent amendments.
4-26           Sec. 822.103.  CERTIFICATE OF REGISTRATION; FEES. (a)  A
4-27     person may not own, harbor, or have custody or control of a
 5-1     dangerous wild animal for any purpose unless the person holds a
 5-2     certificate of registration for that animal issued by an animal
 5-3     registration agency.
 5-4           (b)  A certificate of registration issued under this
 5-5     subchapter is not transferrable and is valid for one year after its
 5-6     date of issuance or renewal unless revoked.
 5-7           (c)  The animal registration agency may establish and charge
 5-8     reasonable fees for application, issuance, and renewal of a
 5-9     certificate of registration in order to recover the costs
5-10     associated with the administration and enforcement of this
5-11     subchapter.  The fees collected under this section may be used only
5-12     to administer and enforce this subchapter.
5-13           Sec. 822.104.  CERTIFICATE OF REGISTRATION APPLICATION. (a)
5-14     An applicant for an original or renewal certificate of registration
5-15     for a dangerous wild animal must file an application with an animal
5-16     registration agency on a form provided by the animal registration
5-17     agency.
5-18           (b)  The application must include:
5-19                 (1)  the name, address, and telephone number of the
5-20     applicant;
5-21                 (2)  a complete identification of each animal,
5-22     including species, sex, age, if known, and any distinguishing marks
5-23     or coloration that would aid in the identification of the animal;
5-24                 (3)  the exact location where each animal is to be
5-25     kept;
5-26                 (4)  a sworn statement that:
5-27                       (A)  all information in the application is
 6-1     complete and accurate; and
 6-2                       (B)  the applicant has read this subchapter and
 6-3     that all facilities used by the applicant to confine or enclose the
 6-4     animal comply with the requirements of this subchapter; and
 6-5                 (5)  any other information the animal registration
 6-6     agency may require.
 6-7           (c)  An applicant shall include with each application:
 6-8                 (1)  the nonrefundable fee;
 6-9                 (2)  proof, in a form acceptable by the animal
6-10     registration agency, that the applicant has liability insurance, as
6-11     required by Section 822.107;
6-12                 (3)  a color photograph of each animal being registered
6-13     taken not earlier than the 30th day before the date the application
6-14     is filed;
6-15                 (4)  a photograph and a statement of the dimensions of
6-16     the primary enclosure in which each animal is to be kept and a
6-17     scale diagram of the premises where each animal will be kept,
6-18     including the location of any perimeter fencing and any residence
6-19     on the premises; and
6-20                 (5)  if an applicant holds a Class "A" or Class "B"
6-21     dealer's license or Class "C" exhibitor's license issued by the
6-22     secretary of agriculture of the United States under the Animal
6-23     Welfare Act (7 U.S.C. Section 2131 et seq.) and its subsequent
6-24     amendments, a clear and legible photocopy of the license.
6-25           (d)  In addition to the items required under Subsection (c),
6-26     an application for renewal must include a statement signed by a
6-27     veterinarian licensed to practice in this state stating that the
 7-1     veterinarian:
 7-2                 (1)  inspected each animal being registered not earlier
 7-3     than the 30th day before the date of the filing of the renewal
 7-4     application; and
 7-5                 (2)  finds that the care and treatment of each animal
 7-6     by the owner meets or exceeds the standards prescribed under this
 7-7     subchapter.
 7-8           Sec. 822.105.  DENIAL OR REVOCATION OF CERTIFICATE OF
 7-9     REGISTRATION; APPEAL. (a)  If the animal registration agency finds
7-10     that an application for an original or renewal certificate of
7-11     registration under this subchapter does not meet the requirements
7-12     of Section 822.104 or, after inspection, that an applicant has not
7-13     complied with this subchapter, the animal registration agency
7-14     shall deny the applicant a certificate of registration and give the
7-15     applicant written notice of the denial and the reasons for the
7-16     denial.
7-17           (b)  If the animal registration agency finds, after
7-18     inspection, that a registered owner provided false information in
7-19     or in connection with the application or has not complied with this
7-20     subchapter, the animal registration agency shall revoke the
7-21     certificate of registration and give the owner written notice of
7-22     the revocation and the reasons for the revocation.
7-23           (c)  A person may appeal the denial of an original or renewal
7-24     certificate of registration or the revocation of a certificate of
7-25     registration to the justice court for the precinct in which the
7-26     animal is located or the municipal court in the municipality in
7-27     which the animal is located not later than the 15th day after the
 8-1     date the certificate of registration is denied or revoked.  Either
 8-2     party may appeal the decision of the justice or municipal court to
 8-3     a county court at law in the county in which the justice or
 8-4     municipal court is located.  The decision of the county court at
 8-5     law may not be appealed.
 8-6           (d)  The filing of an appeal of the denial or revocation of a
 8-7     certificate of registration under Subsection (c) stays the denial
 8-8     or revocation until the court rules on the appeal.
 8-9           Sec. 822.106.  DISPLAY OF CERTIFICATE OF REGISTRATION.  A
8-10     holder of a certificate of registration shall prominently display
8-11     the certificate at the premises where each animal that is the
8-12     subject of the certificate of registration is kept.
8-13           Sec. 822.107.  LIABILITY INSURANCE.  An owner of a dangerous
8-14     wild animal shall maintain liability insurance coverage in an
8-15     amount of not less than $100,000 for each occurrence for liability
8-16     for damages for destruction of or damage to property and death or
8-17     bodily injury to a person caused by the dangerous wild animal.
8-18           Sec. 822.108.  INSPECTION.  An owner of a dangerous wild
8-19     animal, at all reasonable times, shall allow the animal
8-20     registration agency, its staff, its agents, or a designated
8-21     licensed veterinarian to enter the premises where the animal is
8-22     kept and to inspect the animal, the primary enclosure for the
8-23     animal, and the owner's records relating to the animal to ensure
8-24     compliance with this subchapter.
8-25           Sec. 822.109.  RELOCATION OR DISPOSITION OF ANIMAL. (a)  An
8-26     owner of a dangerous wild animal may not relocate the animal unless
8-27     the owner first notifies the animal registration agency in writing
 9-1     of the exact location to which the animal will be relocated and
 9-2     provides the animal registration agency, with respect to the new
 9-3     location, the information required by Section 822.104.
 9-4           (b)  An owner of a dangerous wild animal shall notify the
 9-5     animal registration agency in writing before the sale or other
 9-6     disposition of the animal.
 9-7           Sec. 822.110.  ATTACK BY ANIMAL; ESCAPE OF ANIMAL; LIABILITY.
 9-8     (a)  An owner of a dangerous wild animal shall immediately notify
 9-9     the animal registration agency of any attack of a human by the
9-10     animal.
9-11           (b)  An owner of a dangerous wild animal shall immediately
9-12     notify the animal registration agency and the local law enforcement
9-13     agency of any escape of the animal.
9-14           (c)  An owner of a dangerous wild animal that escapes is
9-15     liable for all costs incurred in apprehending and confining the
9-16     animal.
9-17           (d)  An animal registration agency, a law enforcement agency,
9-18     or an employee of an animal registration agency or law enforcement
9-19     agency is not liable to any person for damages arising in
9-20     connection with the escape of a dangerous wild animal, including
9-21     liability for damage, injury, or death caused by the animal during
9-22     or after the animal's escape, or for injury to or death of the
9-23     animal as a result of apprehension or confinement of the animal
9-24     after escape.
9-25           Sec. 822.111.  POWERS AND DUTIES OF BOARD; CAGING
9-26     REQUIREMENTS AND STANDARDS. (a)  The board by rule shall establish
9-27     caging requirements and standards for the keeping and confinement
 10-1    of a dangerous wild animal to ensure that the animal is kept in a
 10-2    manner and confined in a primary enclosure that:
 10-3                (1)  protects and enhances the public's health and
 10-4    safety;
 10-5                (2)  prevents escape by the animal; and
 10-6                (3)  provides a safe, healthy, and humane environment
 10-7    for the animal.
 10-8          (b)  An owner of a dangerous wild animal shall keep and
 10-9    confine the animal in accordance with the caging requirements and
10-10    standards established by the board.
10-11          (c)  An animal registration agency may approve a deviation
10-12    from the caging requirements and standards established by the
10-13    board, only if:
10-14                (1)  the animal registration agency has good cause for
10-15    the deviation; and
10-16                (2)  the deviation:
10-17                      (A)  does not compromise the public's health and
10-18    safety;
10-19                      (B)  does not reduce the total area of the
10-20    primary enclosure below that established by the board; and
10-21                      (C)  does not otherwise adversely affect the
10-22    overall welfare of the animal involved.
10-23          Sec. 822.112.  CARE, TREATMENT, AND TRANSPORTATION OF ANIMAL.
10-24    (a)  For each dangerous wild animal, the owner shall comply with
10-25    all applicable standards of the Animal Welfare Act (7 U.S.C.
10-26    Section 2131 et seq.) and its subsequent amendments and the
10-27    regulations adopted under that Act relating to:
 11-1                (1)  facilities and operations;
 11-2                (2)  animal health and husbandry; and
 11-3                (3)  veterinary care.
 11-4          (b)  An owner of a dangerous wild animal shall maintain a
 11-5    separate written log for each dangerous wild animal documenting the
 11-6    animal's veterinary care and shall make the log available to the
 11-7    animal registration agency or its agent on request.  The log must:
 11-8                (1)  identify the animal treated;
 11-9                (2)  provide the date of treatment;
11-10                (3)  describe the type or nature of treatment; and
11-11                (4)  provide the name of the attending veterinarian, if
11-12    applicable.
11-13          (c)  When transporting a dangerous wild animal, the owner of
11-14    the animal, or a designated carrier or intermediate handler of the
11-15    animal, shall comply with all transportation standards that apply
11-16    to that animal under the Animal Welfare Act (7 U.S.C. Section 2131
11-17    et seq.) and its subsequent amendments or the regulations adopted
11-18    under that Act.
11-19          Sec. 822.113.  OFFENSE AND PENALTY. (a)  A person commits an
11-20    offense if the person violates Section 822.103(a).  Each animal
11-21    with respect to which there is a violation and each day that a
11-22    violation continues is a separate offense.
11-23          (b)  An offense under Subsection (a) is a Class C
11-24    misdemeanor.
11-25          (c)  A person commits an offense if the person knowingly
11-26    sells or otherwise transfers ownership of a dangerous wild animal
11-27    to a person who does not have a certificate of registration for
 12-1    that animal as required by this subchapter.
 12-2          (d)  An offense under Subsection (c) is a Class B
 12-3    misdemeanor.
 12-4          Sec. 822.114.  CIVIL PENALTY. (a)  A person who violates
 12-5    Section 822.103(a) is liable for a civil penalty of not less than
 12-6    $200 and not more than $2,000 for each animal with respect to which
 12-7    there is a violation and for each day the violation continues.
 12-8          (b)  The county or municipality in which the violation occurs
 12-9    may sue to collect a civil penalty.  A civil penalty collected
12-10    under this subsection may be retained by the county or
12-11    municipality.
12-12          (c)  The county or municipality in which the violation occurs
12-13    may also recover the reasonable costs of investigation, reasonable
12-14    attorney's fees, and reasonable expert witness fees incurred by the
12-15    animal registration agency in the civil action. Costs or fees
12-16    recovered under this subsection shall be credited to the  operating
12-17    account from which payment for the animal registration agency's
12-18    expenditures was made.
12-19          Sec. 822.115.  INJUNCTION. Any person who is directly harmed
12-20    or threatened with harm by a violation of this subchapter or a
12-21    failure to enforce this subchapter may sue an owner of a dangerous
12-22    wild animal to enjoin a violation of this subchapter or to enforce
12-23    this subchapter.
12-24          Sec. 822.116.  EFFECT OF SUBCHAPTER ON OTHER LAW. (a)  This
12-25    subchapter does not affect the applicability of any other law,
12-26    rule, order, ordinance, or other legal requirement of this state or
12-27    a political subdivision of this state.
 13-1          (b)  This subchapter does not prevent a municipality or
 13-2    county from prohibiting or regulating by ordinance or order the
 13-3    ownership, possession, confinement, or care of a dangerous wild
 13-4    animal.
 13-5          SECTION 2. Section 240.002(a), Local Government Code, is
 13-6    amended to read as follows:
 13-7          (a)  The commissioners court of a county by order may
 13-8    prohibit or regulate the keeping of a wild animal in the county[:]
 13-9                [(1)  at a residence; or]
13-10                [(2)  within 1,000 feet of a residence or public
13-11    school].
13-12          SECTION 3. Section 240.0025, Local Government Code, is
13-13    repealed.
13-14          SECTION 4. (a)  Except as provided by this section, this Act
13-15    takes effect September 1, 2001.
13-16          (b)  A person is not required to obtain a certificate of
13-17    registration for a dangerous wild animal under Subchapter E,
13-18    Chapter 822, Health and Safety Code, as added by this Act, before
13-19    June 1, 2002.
13-20          (c)  Not later than December 1, 2001, each municipality and
13-21    county shall adopt any ordinance or order necessary to implement
13-22    and administer the certificate of registration program created by
13-23    Subchapter E, Chapter 822, Health and Safety Code, as added by this
13-24    Act, including ordinances or orders relating to the applications
13-25    for original and renewal certificates of registration, fees for
13-26    registration and renewal, and the form and content of the
13-27    application and the certificate of registration.
 14-1          (d)  Not later than December 1, 2001, the board shall adopt
 14-2    the rules required under Section 822.111, Health and Safety Code,
 14-3    as added by this Act.