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.