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SECTION 2. Section 822.102,
Health and Safety Code, is amended by amending Subsection (a) and adding
Subsection (c) to read as follows:
(a) Except as otherwise
provided by Subsection (c), this [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 of
Zoos and Aquariums;
(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 of
Zoos and Aquariums 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;
(13) an organization that
is an accredited member of the Zoological Association of America; and
(14) a wildlife sanctuary
that is verified or accredited by:
(A) the Global Federation
of Animal Sanctuaries;
(B) the American Sanctuary
Association; or
(C) a successor nonprofit
organization that is similar to the Global Federation of Animal Sanctuaries
or the American Sanctuary Association and is designated by the Department
of State Health Services if the Global Federation of Animal Sanctuaries or
the American Sanctuary Association ceases to exist.
(c) Section 822.1025
applies to an organization described by Subsection (a)(13) and a wildlife
sanctuary described by Subsection (a)(14).
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SECTION 2. Section 822.102,
Health and Safety Code, is amended by amending Subsection (a) and adding
Subsection (c) to read as follows:
(a) Except as otherwise
provided by Subsection (c), this [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 of
Zoos and Aquariums;
(4) an injured, infirm,
orphaned, or abandoned dangerous wild animal while being transported for
care or treatment;
(5) a sick, [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
of Zoos and Aquariums 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;
(13) an organization that
is an accredited member of the Zoological Association of America; and
(14) a wildlife sanctuary
that is verified or accredited by:
(A) the Global Federation
of Animal Sanctuaries;
(B) the American Sanctuary
Association; or
(C) a successor nonprofit
organization that is similar to the Global Federation of Animal Sanctuaries
or the American Sanctuary Association and is designated by the Department
of State Health Services if the Global Federation of Animal Sanctuaries or
the American Sanctuary Association ceases to exist.
(c) Section 822.1025
applies to an organization described by Subsection (a)(13) and a wildlife
sanctuary described by Subsection (a)(14).
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SECTION 3. Subchapter E,
Chapter 822, Health and Safety Code, is amended by adding Section 822.1025
to read as follows:
Sec. 822.1025. DUTIES OF
CERTAIN ENTITIES.
(a) Not later than
December 31 of each year, an organization described by Section
822.102(a)(13) or a wildlife sanctuary described by Section 822.102(a)(14)
shall provide to the animal registration agency and the department
an annual notification, on
a form provided by the department, that includes:
(1) the name, address, and
telephone number of the organization or sanctuary;
(2) a complete identification
of each dangerous wild animal in the custody and control of the
organization or sanctuary, including species, sex, and age, if known; and
(3) the exact location
where each animal is to be kept.
(b) Not later than the 10th day after the date on which an
organization described by Section 822.102(a)(13) or a wildlife sanctuary
described by Section 822.102(a)(14) acquires a dangerous wild animal, the
organization or sanctuary shall provide to the animal registration agency
and the department an update to the annual notification described by
Subsection (a).
(c) The animal
registration agency may establish and charge reasonable fees for the
notification under this section in order to recover the costs associated
with the administration and enforcement of this section. The fee under this
subsection may not exceed $50 for each animal listed in the notice and may
not exceed $500, regardless of the number of animals listed in the notice.
(d) The department may charge a reasonable fee in an amount sufficient
to recover the costs associated with accepting and processing a
notification under this section.
(e) Sections 822.107 and
822.110 apply to an organization described by Section 822.102(a)(13) or a
wildlife sanctuary described by Section 822.102(a)(14).
(f) An organization
described by Section 822.102(a)(13) or a wildlife sanctuary described by
Section 822.102(a)(14) that violates Subsections (a)-(d) is subject to
Sections 822.113-822.115 as if the organization or sanctuary had violated
Section 822.103(a). An organization or sanctuary that violates Subsection
(e) is subject to Sections 822.113 and 822.115, as applicable.
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SECTION 3. Subchapter E,
Chapter 822, Health and Safety Code, is amended by adding Section 822.1025
to read as follows:
Sec. 822.1025. DUTIES OF
CERTAIN ENTITIES.
(a) In this section, "department" means the Department of
State Health Services.
(b) Not later than
December 31 of each year, an organization described by Section
822.102(a)(13) or a wildlife sanctuary described by Section 822.102(a)(14)
shall provide to the animal registration agency and the department:
(1) an annual
notification, on a form provided by the department, that includes:
(A) the name, address, and
telephone number of the organization or sanctuary;
(B) a complete
identification of each dangerous wild animal in the custody and control of
the organization or sanctuary, including species, sex, and age, if known;
and
(C) the exact location
where each animal is to be kept; and
(2) a written, notarized certification from the organization or
sanctuary that the organization or sanctuary holds a current verification
or accreditation and is complying with the standards of the verification or
accreditation organization for:
(A) possession and confinement of each dangerous wild animal;
(B) facilities and operations;
(C) animal health and husbandry; and
(D) veterinary care.
(c) Not later than the 15th business day after the date on which an
organization described by Section 822.102(a)(13) or a wildlife sanctuary
described by Section 822.102(a)(14) acquires a dangerous wild animal, the
organization or sanctuary shall provide to the animal registration agency
and the department an update to the annual notification described by
Subsection (b)(1).
(d) The animal
registration agency may establish and charge a reasonable fee for the annual
notification under this section to recover the costs associated with the
administration and enforcement of this section. The fee under this
subsection may not exceed $50 for each animal listed in the annual
notification and may not exceed $500, regardless of the number of animals
listed in the annual notification.
(e) Sections 822.107 and
822.110 apply to an organization described by Section 822.102(a)(13) or a
wildlife sanctuary described by Section 822.102(a)(14).
(f) An organization
described by Section 822.102(a)(13) or a wildlife sanctuary described by
Section 822.102(a)(14) that:
(1) violates Subsections
(b)-(d) is subject to Sections 822.113-822.115 as if the organization or
sanctuary had violated Section 822.103(a); or
(2) violates Subsection
(e) is subject to Sections 822.113 and 822.115, as applicable.
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SECTION 4. (a) Except as
otherwise provided by Subsection (b) of this section, each animal
registration agency in this state and the Department of State Health
Services shall establish procedures to comply with Section 822.1025, Health
and Safety Code, as added by this Act, not later than January 1, 2014.
(b) An animal registration
agency is not required to establish procedures under Subsection (a) of this
section if the municipality or county in which the agency is located
prohibits the ownership, possession, or confinement of dangerous wild
animals as defined by Section 822.101, Health and Safety Code.
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SECTION 4. (a) Except as
otherwise provided by Subsection (b) of this section, each animal
registration agency in this state and the Department of State Health
Services shall establish procedures to comply with Section 822.1025, Health
and Safety Code, as added by this Act, not later than December 1, 2013.
(b) An animal registration
agency is not required to establish procedures under Subsection (a) of this
section if the municipality or county in which the agency is located
prohibits the ownership, possession, or confinement of dangerous wild
animals as defined by Section 822.101, Health and Safety Code.
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