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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of dangerous wild animals. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 822.102(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) This subchapter does not apply to: |
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(1) a county, municipality, or agency of the state or |
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an agency of the United States or an agent or official of a county, |
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municipality, or agency acting in an official capacity; |
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(2) a research facility, as that term is defined by |
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Section 2(e), Animal Welfare Act (7 U.S.C. Section 2132), and its |
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subsequent amendments, that is licensed by the secretary of |
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agriculture of the United States under that Act; |
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(3) an organization that is an accredited member of |
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the American Zoo and Aquarium Association; |
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(4) an injured, infirm, orphaned, or abandoned |
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dangerous wild animal while being transported for care or |
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treatment; |
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(5) [an injured, infirm, orphaned, or abandoned
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dangerous wild animal while being rehabilitated, treated, or cared
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for by a licensed veterinarian, an incorporated humane society or
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animal shelter, or a person who holds a rehabilitation permit
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issued under Subchapter C, Chapter 43, Parks and Wildlife Code;
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[(6)] a dangerous wild animal owned by and in the |
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custody and control of a transient circus company that is not based |
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in this state if: |
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(A) the animal is used as an integral part of the |
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circus performances; and |
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(B) the animal is kept within this state only |
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during the time the circus is performing in this state or for a |
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period not to exceed 30 days while the circus is performing outside |
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the United States; |
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(6) [(7)] a dangerous wild animal while in the |
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temporary custody or control of a television or motion picture |
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production company during the filming of a television or motion |
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picture production in this state; |
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(7) [(8)] a dangerous wild animal owned by and in the |
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possession, custody, or control of a college or university solely |
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as a mascot for the college or university; |
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(8) [(9)] a dangerous wild animal while being |
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transported in interstate commerce through the state in compliance |
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with the Animal Welfare Act (7 U.S.C. Section 2131 et seq.) and its |
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subsequent amendments and the regulations adopted under that Act; |
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(9) [(10)] a nonhuman primate owned by and in the |
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control and custody of a person whose only business is supplying |
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nonhuman primates directly and exclusively to biomedical research |
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facilities and who holds a Class "A" or Class "B" dealer's license |
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issued by the secretary of agriculture of the United States under |
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the Animal Welfare Act (7 U.S.C. Section 2131 et seq.) and its |
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subsequent amendments; |
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(10) [(11)] a dangerous wild animal that is: |
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(A) owned by or in the possession, control, or |
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custody of a person who is a participant in a species survival plan |
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of the American Zoo and Aquarium Association for that species; and |
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(B) an integral part of that species survival |
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plan; and |
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(11) [(12)] in a county west of the Pecos River that |
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has a population of less than 25,000, a cougar, bobcat, or coyote in |
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the possession, custody, or control of a person that has trapped the |
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cougar, bobcat, or coyote as part of a predator or depredation |
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control activity. |
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SECTION 2. The heading to Section 822.103, Health and |
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Safety Code, is amended to read as follows: |
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Sec. 822.103. CERTIFICATE OF REGISTRATION; RESTRICTIONS; |
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FEES. |
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SECTION 3. Sections 822.103(a) and (c), Health and Safety |
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Code, are amended to read as follows: |
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(a) A person may not own, harbor, or have custody or control |
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of a dangerous wild animal for any purpose unless: |
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(1) the person holds a certificate of registration for |
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that animal issued by an animal registration agency; |
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(2) the location where the animal is kept is five or |
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more miles from any school, church, or day care; and |
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(3) the person has two or more acres for each animal |
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registered at the location where the animal is kept. |
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(c) The animal registration agency may establish and charge |
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reasonable fees for application, issuance, and renewal of a |
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certificate of registration in order to recover the costs |
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associated with the administration and enforcement of this |
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subchapter. The fee charged to an applicant may not exceed $500 |
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[$50] for each animal registered [and may not exceed $500 for each
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person registering animals, regardless of the number of animals
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owned by the person]. The fees collected under this section may be |
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used only to administer and enforce this subchapter. |
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SECTION 4. Section 822.104(b), Health and Safety Code, is |
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amended to read as follows: |
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(b) The application must include: |
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(1) the name, address, and telephone number of the |
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applicant; |
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(2) a complete identification of each animal, |
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including species, sex, age, if known, and any distinguishing marks |
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or coloration that would aid in the identification of the animal; |
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(3) the exact location where each animal is to be kept; |
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(4) a sworn statement that: |
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(A) all information in the application is |
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complete and accurate; and |
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(B) the applicant has read this subchapter and |
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that all facilities used by the applicant to confine or enclose the |
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animal comply with the requirements of this subchapter; [and] |
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(5) the name of the person who owned the animal |
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immediately before the applicant; |
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(6) the address where the applicant obtained the |
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animal; and |
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(7) any other information the animal registration |
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agency may require. |
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SECTION 5. Section 822.105, Health and Safety Code, is |
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amended by adding Subsection (e) to read as follows: |
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(e) A person may not reapply for a certificate of |
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registration before the first anniversary of the date: |
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(1) the denial of an application for a certificate of |
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registration becomes final; or |
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(2) the revocation of a certificate of registration |
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becomes final. |
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SECTION 6. Section 822.107, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 822.107. LIABILITY INSURANCE. (a) An owner of a |
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dangerous wild animal shall maintain liability insurance coverage |
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in an amount sufficient to cover [of not less than $100,000 for each
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occurrence for] liability for damages for destruction of or damage |
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to property and death or bodily injury to a person caused by the |
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dangerous wild animal. |
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(b) The executive commissioner of the Health and Human |
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Services Commission by rule shall establish insurance requirements |
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and standards to ensure that an owner of a dangerous wild animal |
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maintains liability insurance coverage in an amount that protects |
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and enhances the public's health and safety. |
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(c) An owner of a dangerous wild animal shall comply with |
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the insurance requirements and standards established under |
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Subsection (b). |
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SECTION 7. Section 822.113(c), Health and Safety Code, is |
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amended to read as follows: |
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(c) An offense under this section is a Class B [C] |
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misdemeanor. |
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SECTION 8. Section 822.115, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 822.115. INJUNCTION. (a) Any person who lives or owns |
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property in the county where a dangerous wild animal is kept [is
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directly harmed or threatened with harm by a violation of this
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subchapter or a failure to enforce this subchapter] may sue the [an] |
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owner of the [a dangerous wild] animal to enjoin a violation of this |
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subchapter or to enforce this subchapter. |
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(b) The county or municipality where a dangerous wild animal |
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is kept may sue an owner of the animal to enjoin a violation of this |
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subchapter or to enforce this subchapter. |
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SECTION 9. (a) The changes in law made by this Act to |
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Sections 822.104 and 822.105, Health and Safety Code, apply to an |
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application for a certificate of registration for a dangerous wild |
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animal filed on or after the effective date of this Act. An |
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application for a certificate of registration for a dangerous wild |
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animal filed before the effective date of this Act is governed by |
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the law in effect on the date the application was filed, and the |
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former law is continued in effect for that purpose. |
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(b) The change in law made by this Act to Section |
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822.113(c), Health and Safety Code, applies only to an offense |
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committed on or after the effective date of this Act. An offense |
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committed before the effective date of this Act is governed by the |
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law in effect on the date the offense was committed, and the former |
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law is continued in effect for that purpose. For purposes of this |
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subsection, an offense was committed before the effective date of |
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this Act if any element of the offense occurred before that date. |
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SECTION 10. This Act takes effect September 1, 2011. |