AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
Current law does not allow for an individual or entity to house or care for a dangerous wild animal in counties or municipalities that have elected to not establish a process for the registration of dangerous wild animals unless the individual or entity qualifies for an exemption under the Texas Dangerous Wild Animals Act.
S.B. 1395 adds accredited animal sanctuaries to the list of exempted entities, clarifying that accredited animal sanctuaries are permitted to house and care for dangerous wild animals in Texas, even in cities or counties that have not established a process for registering the animals.
As proposed, S.B. 1395 amends current law relating to the regulation of dangerous wild animals.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 822.101, Health and Safety Code, by adding Subdivision (8) to define "wildlife sanctuary."
SECTION 2. Amends Section 822.102(a), Health and Safety Code, as follows:
(a) Provides that this subchapter (Dangerous Wild Animals) does not apply to:
(1)-(2) Makes no changes to these subdivisions;
(3) an organization that is an accredited member of the Association of Zoos and Aquariums, rather than an organization that is an accredited member of the American Zoo and Aquarium Association;
(4) Makes no changes to this subdivision;
(5) a sick or injured dangerous wild animal while being rehabilitated or treated by and in the temporary possession of a licensed veterinarian or a person who holds a rehabilitation permit issued under Subchapter C (Permits for Scientific Research, Zoological Collection, Rehabilitation, and Educational Display), Chapter 43, Parks and Wildlife Code, for the animal being rehabilitated or treated, rather than a sick or an injured, infirm, orphaned, or abandoned dangerous wild animal while being rehabilitated, treated, or cared for by 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;
(6)-(10) Makes no changes to these subdivisions;
(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 Association of Zoos and Aquariums, rather than the American Zoo and Aquarium Association, for that species; and
(B) an integral part of that species survival plan;
(12) Makes a nonsubstantive change;
(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.
SECTION 3. Effective date: upon passage or September 1, 2013.