79R12183 UM-D

By:  Hilderbran                                                   H.B. No. 3572



A BILL TO BE ENTITLED

AN ACT

relating to the possession of certain dangerous wild animals by a 
licensed trapper.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 822.101, Health and Safety Code, is 
amended by adding Subdivision (8) to read as follows:
		(8)  "Licensed trapper" means a person who takes a 
fur-bearing animal or the pelt of a fur-bearing animal and who is 
licensed in accordance with Section 71.005, Parks and Wildlife 
Code.
	SECTION 2.  Section 822.102(a), Health and Safety Code, is 
amended to read as follows:
	(a)  This subchapter does not apply to:                                        
		(1)  a county, municipality, or agency of the state or 
an agency of the United States or an agent or official of a county, 
municipality, or agency acting in an official capacity;
		(2)  a research facility, as that term is defined by 
Section 2(e), Animal Welfare Act (7 U.S.C. Section 2132), and its 
subsequent amendments, that is licensed by the secretary of 
agriculture of the United States under that Act;
		(3)  an organization that is an accredited member of 
the American Zoo and Aquarium Association;
		(4)  an injured, infirm, orphaned, or abandoned 
dangerous wild animal while being transported for care or 
treatment;
		(5)  an injured, infirm, orphaned, or abandoned 
dangerous wild animal while being rehabilitated, treated, or cared 
for by a licensed veterinarian, an incorporated humane society or 
animal shelter, or a person who holds a rehabilitation permit 
issued under Subchapter C, Chapter 43, Parks and Wildlife Code;
		(6)  a dangerous wild animal owned by and in the custody 
and control of a transient circus company that is not based in this 
state if:
			(A)  the animal is used as an integral part of the 
circus performances; and
			(B)  the animal is kept within this state only 
during the time the circus is performing in this state or for a 
period not to exceed 30 days while the circus is performing outside 
the United States;
		(7)  a dangerous wild animal while in the temporary 
custody or control of a television or motion picture production 
company during the filming of a television or motion picture 
production in this state;
		(8)  a dangerous wild animal owned by and in the 
possession, custody, or control of a college or university solely 
as a mascot for the college or university;
		(9)  a dangerous wild animal while being transported in 
interstate commerce through the state in compliance with the Animal 
Welfare Act (7 U.S.C. Section 2131 et seq.) and its subsequent 
amendments and the regulations adopted under that Act;
		(10)  a nonhuman primate owned by and in the control and 
custody of a person whose only business is supplying nonhuman 
primates directly and exclusively to biomedical research 
facilities and who holds a Class "A" or Class "B" dealer's license 
issued by the secretary of agriculture of the United States under 
the Animal Welfare Act (7 U.S.C. Section 2131 et seq.) and its 
subsequent amendments;  [and]
		(11)  a dangerous wild animal that is:                                        
			(A)  owned by or in the possession, control, or 
custody of a person who is a participant in a species survival plan 
of the American Zoo and Aquarium Association for that species; and
			(B)  an integral part of that species survival 
plan; and            
		(12)  a cougar, bobcat, or coyote in the possession, 
custody, or control of a licensed trapper.
	SECTION 3.  This Act takes effect September 1, 2005.