84R13301 LED-F

By: Guillen H.B. No. 3952

A BILL TO BE ENTITLED

AN ACT

relating to registration and regulation of dangerous wild animals; providing penalties, creating and affecting criminal offenses, and authorizing fees.

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

SECTION 1. The heading to Subchapter E, Chapter 822, Health and Safety Code, is amended to read as follows:

SUBCHAPTER E. REGISTRATION AND REGULATION OF DANGEROUS WILD

ANIMALS

SECTION 2. Section 822.101, Health and Safety Code, is amended by adding Subdivisions (1-a), (4-a), and (4-b) and amending Subdivisions (4) and (5) to read as follows:

(1-a) "Animal control authority" means the county sheriff's office of the county where a dangerous wild animal is kept.

(4) "Dangerous wild animal" means:

(A) a lion;

(B) a tiger;

(C) [an ocelot;

[(D)] a cougar;

(D) [(E)] a leopard;

(E) [(F)] a cheetah;

(F) [(G)] a jaguar;

(G) [(H) a bobcat;

[(I) a lynx;

[(J) a serval;

[(K) a caracal;

[(L)] a hyena;

(H) [(M)] a bear;

(I) [(N) a coyote;

[(O) a jackal;

[(P)] a baboon;

(J) [(Q)] a chimpanzee;

(K) [(R)] an orangutan;

(L) [(S)] a gorilla; or

(M) [(T)] any hybrid of an animal listed in this subdivision.

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

(4-b) "Executive commissioner" means the executive commissioner of the Health and Human Services Commission.

(5) "Owner" means any person who owns, possesses, harbors, or has custody or control of a dangerous wild animal.

SECTION 3. Section 822.102(a), 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; and

(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) 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) 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].

SECTION 4. Section 822.103, Health and Safety Code, is amended by amending Subsections (a) and (c) and adding Subsection (d) to read as follows:

(a) A person may not own, possess, harbor, or have custody or control of a dangerous wild animal in this state for more than 30 days [for any purpose] unless the person holds a certificate of registration for that animal issued by the department [an animal registration agency].

(c) The executive commissioner by rule shall [animal registration agency may] establish and the department may charge reasonable fees for application, issuance, and renewal of a certificate of registration in order to recover the costs associated with the administration [and enforcement] of this subchapter. [The fee charged to an applicant may not exceed $50 for each animal registered and may not exceed $500 for each person registering animals, regardless of the number of animals owned by the person. The fees collected under this section may be used only to administer and enforce this subchapter.]

(d) The executive commissioner by rule shall establish and the animal control authority may charge reasonable fees for an inspection, an investigation, or other enforcement action under this subchapter. If department rules require the department to inspect, investigate, and enforce under this chapter, the department may charge fees for those actions.

SECTION 5. Sections 822.104(a) and (b), Health and Safety Code, are amended to read as follows:

(a) An applicant for an original or renewal certificate of registration for a dangerous wild animal must file an application with the department [an animal registration agency] on a form provided by the department [animal registration agency].

(b) The application must include:

(1) the name, address, and telephone number of the applicant;

(2) a complete identification of each animal, including species, sex, age, if known, and any distinguishing marks or coloration that would aid in the identification of the animal;

(3) the exact location where each animal is to be kept;

(4) a sworn statement that:

(A) all information in the application is complete and accurate; and

(B) the applicant has read this subchapter and rules adopted under this subchapter and [that all facilities used by] the applicant is in full compliance [to confine or enclose the animal comply] with the requirements of this subchapter and rules adopted under this subchapter; and

(5) any other information the department [animal registration agency] may require.

SECTION 6. Sections 822.105(b) and (c), Health and Safety Code, are amended to read as follows:

(b) If the department [animal registration agency] finds[, after inspection,] that an applicant or a registered owner provided false information in or in connection with the application or has not complied with all requirements of this subchapter and rules adopted under this subchapter, the department [animal registration agency] shall deny the applicant a certificate of registration or revoke the certificate of registration and give the applicant or owner and the animal control authority written notice of the denial or revocation and the reasons for the denial or revocation.

(c) A person may appeal the denial of an original or renewal certificate of registration or the revocation of a certificate of registration to a county [the justice] court or county court at law in the county [for the precinct] in which the animal is located [or the municipal court in the municipality in which the animal is located] not later than the 15th day after the date the certificate of registration is denied or revoked. [Either party may appeal the decision of the justice or municipal court to a county court or county court at law in the county in which the justice or municipal court is located. The decision of the county court or county court at law may not be appealed.]

SECTION 7. Subchapter E, Chapter 822, Health and Safety Code, is amended by adding Section 822.1055 to read as follows:

Sec. 822.1055. DUTIES OF THE DEPARTMENT. (a) Not later than the 10th day after the date the department issues an original or renewal certificate of registration under this subchapter, the department shall provide the applicable animal control authority with a copy of the certificate of registration, the application, and all other documentation submitted by the applicant. The department shall establish a procedure for providing documents to the animal control authority and may charge the applicant a reasonable fee in an amount sufficient to recover the cost associated with providing documents under this subsection.

(b) Not later than the 10th day after the date a certificate of registration issued under this subchapter expires or is revoked, the department shall notify the local animal control authority of the expiration or revocation.

(c) The department shall create and maintain a public information registry of all registered dangerous wild animals in this state. The registry must include:

(1) the name, address, and phone number of each owner of a dangerous wild animal who is issued a certificate of registration, and if the owner is an organization, the name and phone number of a contact individual for the organization;

(2) a description of each dangerous wild animal registered in this state and listed by owner name;

(3) the identity and contact information for the animal control authority with jurisdiction over the premises on which the dangerous wild animal is kept; and

(4) any other information that the department considers appropriate for the public's safety.

(d) If the executive commissioner by rule designates the department as the sole enforcement agency under Section 822.111, the department shall perform the applicable animal control authority's enforcement and other duties under this subchapter and the rules adopted under this subchapter.

SECTION 8. Section 822.108, Health and Safety Code, is amended to read as follows:

Sec. 822.108. INSPECTION; COMPLAINTS. (a) An owner of a dangerous wild animal, at all reasonable times, shall allow the department, the animal control authority [registration agency, its staff, its agents], or a designated licensed veterinarian to enter the premises where the animal is kept and to inspect the animal, the primary enclosure for the animal, and the owner's records relating to the animal to ensure compliance with this subchapter and rules adopted under this subchapter.

(b) The animal control authority shall investigate a complaint alleging a violation of this subchapter not later than the 10th day after the date the complaint is received by the animal control authority unless department rules require the department to investigate complaints under this subchapter.

SECTION 9. Section 822.109, Health and Safety Code, is amended to read as follows:

Sec. 822.109. RELOCATION OR DISPOSITION OF ANIMAL. (a) An owner of a dangerous wild animal may not permanently relocate the animal unless the owner first notifies the department [animal registration agency] in writing of the exact location to which the animal will be relocated and provides the animal control authority in [registration agency, with respect to] the new location a copy of the owner's certificate of registration[, the information required by Section 822.104]. The department shall notify the initial animal control authority of the relocation.

(b) Within 10 days after the death, sale, or other disposition of the animal, the owner of the animal shall notify the department and the animal control authority [registration agency] in writing of the death, sale, or other disposition.

SECTION 10. Sections 822.110(a), (b), and (d), Health and Safety Code, are amended to read as follows:

(a) An owner of a dangerous wild animal shall immediately notify the department and the animal control authority [registration agency] of any attack of a human by the animal [within 48 hours of the attack]. An owner satisfies the notification requirement of this subsection if the owner reports the attack to a 9-1-1 service.

(b) An owner of a dangerous wild animal shall immediately notify the department, the animal control authority, [registration agency] and the local law enforcement agencies [agency] of any escape of the animal. An owner satisfies the notification requirement of this subsection if the owner reports the escape to a 9-1-1 service.

(d) The department, an [An] animal control authority, [registration agency], a law enforcement agency, or an employee of the department, an animal control authority, [registration agency] or a law enforcement agency is not liable to an owner of a dangerous wild animal for damages arising in connection with the escape of a dangerous wild animal, including liability for damage, injury, or death caused by the animal during or after the animal's escape, or for injury to or death of the animal as a result of apprehension or confinement of the animal after escape.

SECTION 11. Section 822.111, Health and Safety Code, is amended to read as follows:

Sec. 822.111. POWERS AND DUTIES OF EXECUTIVE COMMISSIONER [BOARD]; CAGING AND CARE REQUIREMENTS AND STANDARDS. (a) The executive commissioner [board] by rule shall establish caging and care requirements and standards for the keeping and confinement of a dangerous wild animal to ensure that the animal is kept in a manner and confined in a primary enclosure that:

(1) protects and enhances the public's health and safety;

(2) prevents escape by the animal; and

(3) provides a safe, healthy, and humane environment for the animal.

(b) An owner of a dangerous wild animal shall keep, care for, and confine the animal in accordance with the caging and care requirements and standards established by the executive commissioner [board].

(c) The department or an [An] animal control authority [registration agency] may approve a deviation from the caging requirements and standards established by the executive commissioner [board], only if:

(1) the department or animal control authority [registration agency] has good cause for the deviation; and

(2) the deviation:

(A) does not compromise the public's health and safety;

(B) does not reduce the total area of the primary enclosure below that established by the executive commissioner [board]; and

(C) does not otherwise adversely affect the overall health and welfare of the animal involved.

(d) Not later than the 10th day after the date on which an animal control authority approves a deviation under Subsection (c) for a dangerous wild animal, the animal's owner shall provide to the department a written statement describing in detail the nature of the deviation.

(e) The executive commissioner by rule may designate the department as the sole agency responsible for enforcing this subchapter and the rules adopted under this subchapter.

SECTION 12. Subchapter E, Chapter 822, Health and Safety Code, is amended by adding Section 822.1115 to read as follows:

Sec. 822.1115. ADVISORY COMMITTEE. (a) The executive commissioner may establish an advisory committee to advise the executive commissioner and make recommendations on:

(1) the establishment of caging and care requirements and standards under Section 822.111; and

(2) the administration and enforcement of this chapter, including the imposition of fees for registrations, inspections, investigations, and other enforcement actions.

(b) The advisory committee consists of nine members appointed by the executive commissioner as follows:

(1) two members who represent national organizations that accredit zoological facilities;

(2) two members who represent national organizations that accredit wildlife sanctuaries;

(3) one member who is a veterinarian with knowledge and experience in veterinary medicine involving dangerous wild animals;

(4) two members who are agents or employees of an animal control authority; and

(5) two members with animal conservation and rescue experience who are private owners of dangerous wild animals.

(c) Members of the advisory committee serve staggered four-year terms. The terms of four or five members expire on February 1 of each odd-numbered year. If a vacancy occurs during a member's term, the executive commissioner shall appoint a replacement member to serve for the remainder of the unexpired term in the manner provided by this section.

(d) The executive commissioner shall designate one member of the advisory committee to serve as presiding officer of the advisory committee for a two-year term. A member may serve more than one term as presiding officer.

(e) The advisory committee shall meet at the call of the presiding officer of the advisory committee or the executive commissioner.

(f) An advisory committee member may not receive compensation for service on the advisory committee. A member may be reimbursed for the actual and necessary expenses incurred while performing advisory committee duties in the manner provided by Section 2110.004, Government Code.

(g) A decision of the advisory committee is effective only on a majority vote of the members present.

(h) Chapter 2110, Government Code, does not apply to the size, composition, or duration of the advisory committee or to the appointment of the committee's presiding officer.

SECTION 13. Sections 822.112(a) and (b), Health and Safety Code, are amended to read as follows:

(a) In addition to the rules established under this subchapter [For each dangerous wild animal], the owner of a dangerous wild animal shall comply with all applicable standards of the Animal Welfare Act (7 U.S.C. Section 2131 et seq.) and its subsequent amendments and the regulations adopted under that Act relating to:

(1) facilities and operations;

(2) animal health and husbandry; and

(3) veterinary care.

(b) An owner of a dangerous wild animal shall maintain a separate written log for each dangerous wild animal documenting the animal's veterinary care and shall make the log available to the department, an animal control authority, [registration agency] or an [its] agent of the department or authority on request. The log must:

(1) identify the animal treated;

(2) provide the date of treatment;

(3) describe the type or nature of treatment; and

(4) provide the name of the attending veterinarian, if applicable.

SECTION 14. Section 822.113, Health and Safety Code, is amended to read as follows:

Sec. 822.113. OFFENSE AND PENALTY. (a) A person commits an offense if the person violates Section 822.103(a)[, Section 822.106, or Section 822.110(a) or (b). Each animal with respect to which there is a violation and each day that a violation continues is a separate offense].

(b) A person commits an offense if the person knowingly sells or otherwise transfers ownership of a dangerous wild animal to a person in this state who does not have a certificate of registration for that animal as required by this subchapter.

(b-1) A person commits an offense if the person for any purpose, including for the purpose of taking a photograph, allows a member of the public to come into direct contact with or without a protective barrier be in close proximity to a dangerous wild animal.

(c) A first [An] offense under this section is a Class B [C] misdemeanor. A subsequent offense under this section is a Class A misdemeanor.

SECTION 15. Sections 822.114(b) and (c), Health and Safety Code, are amended to read as follows:

(b) The department or the county or municipality in which the violation occurs may sue to collect a civil penalty. A civil penalty collected under this subsection may be retained by the department, county, or municipality, as applicable.

(c) The department or the county or municipality in which the violation occurs may also recover the reasonable costs of investigation, reasonable attorney's fees, and reasonable expert witness fees incurred [by the animal registration agency] in the civil action. Costs or fees recovered under this subsection shall be credited to the operating account from which payment for the [animal registration agency's] expenditures was made.

SECTION 16. Section 822.115, Health and Safety Code, is amended to read as follows:

Sec. 822.115. INJUNCTION. The county or municipality in which a dangerous wild animal is located, the department, or a [Any] person who resides in the county or municipality in which a dangerous wild animal is located [is directly harmed or threatened with harm by a violation of this subchapter or a failure to enforce this subchapter] may sue an owner of a dangerous wild animal to enjoin a violation of this subchapter or to enforce this subchapter.

SECTION 17. The following provisions of the Health and Safety Code are repealed:

(1) Sections 822.101(1), (2), and (3);

(2) Section 822.102(b);

(3) Sections 822.104(c) and (d);

(4) Section 822.105(a);

(5) Section 822.106(b); and

(6) Section 822.112(d).

SECTION 18. (a) Not later than March 1, 2016, the executive commissioner of the Health and Human Services Commission shall adopt rules, establish the fees, and prescribe the application forms necessary to implement Subchapter E, Chapter 822, Health and Safety Code, as amended by this Act.

(b) Notwithstanding Subchapter E, Chapter 822, Health and Safety Code, as amended by this Act, an owner of a dangerous wild animal is not required to comply with Subchapter E, Chapter 822, Health and Safety Code, as amended by this Act, or rules adopted under that subchapter until June 1, 2016.

SECTION 19. The changes in law made by this Act in amending Section 822.113, Health and Safety Code, 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 governed by the law in effect on the date 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 occurred before that date.

SECTION 20. (a) Except as provided by Subsection (b) of this section, this Act takes effect January 1, 2016.

(b) Subchapter E, Chapter 822, Health and Safety Code, as amended by this Act, takes effect March 1, 2016, except that Subchapter E takes effect September 1, 2015, for the limited purpose of allowing the executive commissioner of the Health and Human Services Commission to adopt rules under that law that may take effect before March 1, 2016.