By: Nevarez (Senate Sponsor - Estes) H.B. No. 2150

(In the Senate - Received from the House May 9, 2013; May 15, 2013, read first time and referred to Committee on Agriculture, Rural Affairs, and Homeland Security; May 20, 2013, reported adversely, with favorable Committee Substitute by the following vote: Yeas 3, Nays 0; May 20, 2013, sent to printer.)

COMMITTEE SUBSTITUTE FOR H.B. No. 2150 By: Estes

A BILL TO BE ENTITLED

AN ACT

relating to exotic, nongame, and dangerous wild animals; authorizing a fee.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 822.001, Health and Safety Code, is amended by adding Subdivision (3-a) to read as follows:

(3-a) "Department" means the Department of State Health Services.

SECTION 2. 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 3. 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).

SECTION 4. 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.

SECTION 5. Section 43.103(3), Parks and Wildlife Code, is amended to read as follows:

(3) "Exotic animals" includes exotic livestock and exotic fowl as defined by Section 161.001(a), Agriculture Code, wild animals that are nonindigenous to Texas, and aoudad sheep[, and elk].

SECTION 6. Section 62.015(a), Parks and Wildlife Code, is amended to read as follows:

(a) In this section, "exotic animal" means exotic livestock or exotic fowl as defined by Section 161.001(a), Agriculture Code, and aoudad sheep[, or elk].

SECTION 7. Section 67.0011, Parks and Wildlife Code, is amended to read as follows:

Sec. 67.0011. EXEMPTIONS [EXEMPTION OF CRAYFISH]. This chapter does not apply to:

(1) crayfish, other than in public water; or

(2) elk.

SECTION 8. (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.

(c) Sections 43.103, 62.015, and 67.0011, Parks and Wildlife Code, as amended by this Act, apply only to an offense committed on or after the effective date of this Act. An offense committed before the effective date of this Act is covered by the law in effect when the offense was committed, and the former law is continued in effect for that purpose. For purposes of this section, an offense was committed before the effective date of this Act if any element of the offense was committed before that date.

SECTION 9. 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, 2013.

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