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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 822.101, Health and Safety Code, is |
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amended by adding Subdivision (8) to read as follows: |
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(8) "Wildlife sanctuary" means a public charitable |
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organization that: |
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(A) is exempt from taxation under Section 501(a), |
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Internal Revenue Code of 1986, by being listed as an exempt |
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organization under Section 501(c)(3) of that code; |
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(B) is described by Section 170(b)(1)(A)(vi), |
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Internal Revenue Code of 1986; |
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(C) operates a place of refuge where an abused, |
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neglected, unwanted, impounded, abandoned, orphaned, or displaced |
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wild animal is: |
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(i) provided care for the animal's |
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lifetime; |
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(ii) transferred to another wildlife |
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sanctuary; or |
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(iii) released back to the animal's natural |
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habitat; and |
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(D) with respect to a wild animal owned by the |
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organization, does not: |
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(i) conduct any commercial activity; or |
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(ii) breed the animal. |
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SECTION 2. Subsection (a), Section 822.102, Health and |
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Safety Code, is 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) a sick or [an] injured[, infirm, orphaned, or
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abandoned] dangerous wild animal while being rehabilitated or[,] |
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treated[, or cared for] by and in the temporary possession of a |
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licensed veterinarian[, an incorporated humane society or animal
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shelter,] or a person who holds a rehabilitation permit issued |
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under Subchapter C, Chapter 43, Parks and Wildlife Code, for the |
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animal being rehabilitated or treated; |
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(6) a dangerous wild animal owned by and in the custody |
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and control of a transient circus company that is not based in this |
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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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(7) a dangerous wild animal while in the temporary |
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custody or control of a television or motion picture production |
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company during the filming of a television or motion picture |
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production in this state; |
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(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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(9) a dangerous wild animal while being transported in |
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interstate commerce through the state in compliance with the Animal |
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Welfare Act (7 U.S.C. Section 2131 et seq.) and its subsequent |
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amendments and the regulations adopted under that Act; |
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(10) a nonhuman primate owned by and in the control and |
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custody of a person whose only business is supplying nonhuman |
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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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(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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(12) in a county west of the Pecos River that has a |
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population of less than 25,000, a cougar, bobcat, or coyote in the |
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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; and |
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(13) a wildlife sanctuary that is verified or |
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accredited by: |
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(A) the Global Federation of Animal Sanctuaries; |
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or |
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(B) a successor nonprofit organization that is |
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similar to the Global Federation of Animal Sanctuaries and is |
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designated by the Department of State Health Services if the Global |
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Federation of Animal Sanctuaries ceases to exist. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |