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A BILL TO BE ENTITLED
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AN ACT
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relating to the possession or transportation of certain snakes that |
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are not indigenous to this country; providing a penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 43, Parks and Wildlife Code, is amended |
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by adding Subchapter V to read as follows: |
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SUBCHAPTER V. NONINDIGENOUS SNAKE PERMIT |
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Sec. 43.851. PERMIT. (a) The commission by rule shall |
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establish permits that allow permit holders to possess or transport |
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in this state a live nonindigenous: |
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(1) venomous snake; or |
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(2) constrictor that is one of the following: |
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(A) African rock python, Python sebae; |
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(B) Asiatic rock python, Python molurus; |
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(C) green anaconda, Eunectes murinus; |
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(D) reticulated python, Python reticulatus; or |
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(E) southern African python, Python natalensis. |
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(b) The Commission shall establish separate permits for |
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recreational and commercial purposes. |
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(c) A permit under this subchapter is not required for: |
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(1) a state or county official performing an official |
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duty; |
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(2) a licensed zoo that possesses or transports a |
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snake for exhibition or scientific purposes; |
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(3) a research facility, including a university, |
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licensed under the Animal Welfare Act (7 U.S.C. Section 2131 et |
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seq.) that possesses or transports a snake for scientific purposes; |
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or |
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(4) a person who assists a department employee in the |
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handling or transport of a snake under this subchapter. |
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(d) Except as provided by Subsection (b), a person may not |
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possess or transport in this state a snake described by Subsection |
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(a) without a permit issued by the department under this |
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subchapter. |
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(e) A person convicted of a violation of this subchapter or |
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a rule adopted under this subchapter may not obtain a permit before |
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the fifth anniversary of the date of the conviction. |
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Sec. 43.852. INSPECTION OF PERMIT AND RECORDS. An |
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authorized department employee may inspect at any time and without |
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a warrant a permit or any records required by this subchapter. |
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Sec. 43.853. RELEASE FROM CAPTIVITY. A person may not |
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intentionally, knowingly, recklessly, or with criminal negligence |
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release or allow the release from captivity of a snake covered by |
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this subchapter. |
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Sec. 43.854. SEIZURE OF CONTRABAND; FINANCIAL |
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RESPONSIBILITY. (a) The department may arrange for the seizure and |
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removal of a snake covered by this subchapter from a person who |
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possesses the snake without the required permit. The person is |
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responsible for any costs incurred by the department in the |
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seizure, removal, and disposition of the snake. |
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(b) A department employee is not required to handle, remove, |
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or dispose of the snake. |
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(c) The department may contract with a person who has |
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knowledge of or expertise in the handling of a snake covered by this |
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subchapter to assist the department in the handling, removal, and |
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disposition of the snake. |
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(d) The department, including an enforcement officer of the |
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department, who acts under this section is not liable in a civil |
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action for the seizure, sale, donation, or other disposition of the |
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snake. |
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Sec. 43.855. RULES. The commission may adopt rules to |
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implement this subchapter, including rules to govern: |
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(1) the possession or transport of a snake covered by |
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this subchapter; |
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(2) permit application forms, fees, and procedures; |
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(3) the release of the snake; |
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(4) reports that the department may require a permit |
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holder to submit to the department; and |
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(5) other matters the commission considers necessary. |
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Sec. 43.856. OFFENSE. (a) Except as provided by Subsection |
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(b), a person who violates this subchapter or a rule adopted under |
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this subchapter commits an offense that is a Class C Parks and |
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Wildlife Code misdemeanor. |
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(b) A person who violates Section 43.853 or a rule adopted |
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to implement Section 43.853 commits an offense that is a Class A |
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Parks and Wildlife Code misdemeanor. |
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SECTION 2. (a) The House Committee on Culture, Recreation, |
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and Tourism shall conduct a study to determine whether this state |
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should permit the possession of nonindigenous venomous snakes and |
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nonindigenous constrictors as provided by Subchapter V, Chapter 43, |
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Parks and Wildlife Code, as added by this Act. |
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(b) The study must include: |
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(1) a comparison of laws regulating nonindigenous |
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snakes in other states; |
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(2) alternative methods of regulating the possession |
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of nonindigenous snakes; |
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(3) the economic, environmental, and other effects of |
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allowing nonindigenous snakes to be held in the state, including: |
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(A) the potential to harbor and spread diseases |
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or parasites, or other adverse effects; and |
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(B) the economic and other benefits to this state |
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that may be obtained by regulating the trade in nonindigenous |
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snakes; and |
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(4) other related matters the committee finds useful. |
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(c) Not later than November 1, 2008, the committee shall |
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report its findings to the governor, the executive directors of the |
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Parks and Wildlife Department and the Department of Agriculture, |
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and each member of the committee. |
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SECTION 3. (a) The Parks and Wildlife Commission shall |
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adopt the rules necessary under Subchapter V, Chapter 43, Parks and |
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Wildlife Code, as added by this Act, not later than April 1, 2008. |
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(b) The Parks and Wildlife Department shall begin issuing |
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permits under Subchapter V, Chapter 43, Parks and Wildlife Code, as |
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added by this Act, not later than April 1, 2008. |
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SECTION 4. (a) Except as provided by Subsection (b) of this |
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section, this Act takes effect September 1, 2007. |
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(b) Sections 43.851(c) and 43.856, Parks and Wildlife Code, |
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as added by this Act, take effect April 1, 2008. |