By: Wentworth S.B. No. 958
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the regulation of dangerous wild animals.
         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)  "Wildlife sanctuary" means a public charitable
  organization that:
                     (A)  is exempt from taxation under Section 501(a),
  Internal Revenue Code of 1986, by being listed as an exempt
  organization under Section 501(c)(3) of that code;
                     (B)  is described by Section 170(b)(1)(A)(vi),
  Internal Revenue Code of 1986;
                     (C)  operates a place of refuge where an abused,
  neglected, unwanted, impounded, abandoned, orphaned, or displaced
  wild animal is:
                           (i)  provided care for the animal's
  lifetime;
                           (ii)  transferred to another wildlife
  sanctuary; or
                           (iii)  released back to the animal's natural
  habitat; and
                     (D)  with respect to a wild animal owned by the
  organization, does not:
                           (i)  conduct any commercial activity; or
                           (ii)  breed the animal.
         SECTION 2.  Subsection (a), Section 822.102, 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)  a sick or [an] injured[, infirm, orphaned, or
  abandoned] dangerous wild animal while being rehabilitated or[,]
  treated[, or cared for] by and in the temporary possession of 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, for the
  animal being rehabilitated or treated;
               (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;
               (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)  in a county west of the Pecos River that has a
  population of less than 25,000, a cougar, bobcat, or coyote in the
  possession, custody, or control of a person that has trapped the
  cougar, bobcat, or coyote as part of a predator or depredation
  control activity; and
               (13)  a wildlife sanctuary that is verified or
  accredited by:
                     (A)  the Global Federation of Animal Sanctuaries;
  or
                     (B)  a successor nonprofit organization that is
  similar to the Global Federation of Animal Sanctuaries and is
  designated by the Department of State Health Services if the Global
  Federation of Animal Sanctuaries ceases to exist.
         SECTION 3.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2011.