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A BILL TO BE ENTITLED
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AN ACT
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relating to registration and regulation of dangerous wild animals; |
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providing penalties, creating a criminal offense, and authorizing a |
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fee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 822, Health and Safety Code, is amended |
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by adding Subchapter F to read as follows: |
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SUBCHAPTER F. REGULATION OF DANGEROUS WILD ANIMALS |
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Sec. 822.151. DEFINITIONS. In this subchapter: |
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(1) "Animal control authority" means the sheriff of a |
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county in which a dangerous wild animal is located. |
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(2) "Animal shelter" means a municipal or county |
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animal shelter or an animal shelter operated by a nonprofit |
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charitable organization established primarily to shelter and care |
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for stray and abandoned animals. |
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(3) "Dangerous wild animal" means: |
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(A) a baboon; |
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(B) a bear; |
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(C) a cheetah; |
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(D) a chimpanzee; |
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(E) a clouded leopard; |
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(F) a cougar; |
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(G) a gorilla; |
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(H) a jaguar; |
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(I) a leopard; |
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(J) a lion; |
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(K) an orangutan; |
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(L) a snow leopard; |
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(M) a tiger; or |
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(N) any hybrid or subspecies of an animal listed |
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in this subdivision. |
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(4) "Department" means the Department of State Health |
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Services. |
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(5) "Owner" means any person who owns, possesses, |
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harbors, or has custody or control of a dangerous wild animal. |
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(6) "Person" means an individual, partnership, |
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corporation, trust, estate, joint stock company, foundation, or |
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association of individuals. |
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(7) "Wildlife sanctuary" means a charitable |
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organization that is exempt from taxation under Section 501(c)(3), |
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Internal Revenue Code of 1986, that is described by Section |
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170(b)(1)(A)(vi), Internal Revenue Code of 1986, and that: |
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(A) 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 provided care for the animal's lifetime; and |
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(B) with respect to a dangerous wild animal owned |
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by or in the custody or control of the organization, does not: |
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(i) conduct a commercial activity, |
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including the sale, trade, auction, lease, or loan of the animal or |
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parts of the animal, or use the animal in any manner in a for-profit |
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business or operation; |
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(ii) breed the animal; |
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(iii) allow direct contact between the |
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public and the animal; or |
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(iv) allow off-site transportation and |
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display of the animal. |
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Sec. 822.152. APPLICABILITY. This subchapter does not |
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apply to: |
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(1) a county, municipality, or agency of this state, |
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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 the agent's or official's |
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official capacity; |
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(2) a research facility, as defined by Section 2(e), |
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Animal Welfare Act (7 U.S.C. Section 2132(e)), that is licensed by |
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the secretary of the United States Department of Agriculture under |
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that Act; |
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(3) a person holding a Class "A", Class "B", or Class |
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"C" license issued by the United States secretary of agriculture |
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under the Animal Welfare Act (7 U.S.C. Section 2131 et seq.); |
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(4) a wildlife sanctuary; |
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(5) a veterinary hospital providing treatment to a |
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dangerous wild animal; |
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(6) a person who holds a rehabilitation permit issued |
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under Subchapter C, Chapter 43, Parks and Wildlife Code, while |
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rehabilitating the dangerous wild animal; |
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(7) a college or university that began displaying a |
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dangerous wild animal as a mascot before September 1, 2017, and does |
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not allow direct contact between the public and the mascot; |
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(8) an animal shelter temporarily housing a dangerous |
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wild animal seized under Section 822.155 or the written request of |
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an animal control authority or a law enforcement agency acting |
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under this subchapter; or |
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(9) an owner lawfully in possession of a dangerous |
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wild animal before September 1, 2017, if the owner: |
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(A) has veterinary records, acquisition papers, |
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or other documents or records that establish ownership of the |
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dangerous wild animal before September 1, 2017; |
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(B) has not been convicted of an offense |
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involving cruelty to an animal; |
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(C) has not had a license or permit relating to |
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the care, possession, exhibition, breeding, or sale of a dangerous |
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wild animal revoked or suspended by any local, state, or federal |
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agency; |
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(D) has developed and is prepared to implement an |
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emergency plan for responding to the escape of or an attack by the |
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dangerous wild animal and has provided the plan to the department |
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and animal control authority at the time the owner registers the |
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animal under Section 822.154; |
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(E) has provided a list of the owner's dangerous |
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wild animals to the department and animal control authority; |
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(F) does not acquire by any means, including |
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through purchase, donation, or breeding, an additional dangerous |
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wild animal on or after September 1, 2017; |
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(G) does not allow direct contact between the |
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public and the dangerous wild animal; and |
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(H) registers the dangerous wild animal with the |
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department as required by Section 822.154. |
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Sec. 822.153. DANGEROUS WILD ANIMALS PROHIBITED. Except as |
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provided by Section 822.152, a person may not own, possess, harbor, |
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or have custody or control of a dangerous wild animal. |
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Sec. 822.154. REGISTRATION; FEE. (a) An owner described by |
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Section 822.152(9) shall annually register the owner's dangerous |
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wild animal with the department on a form provided by the department |
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and pay the registration fee established by the department. |
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(b) The department may establish and charge a reasonable |
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registration fee in an amount sufficient to cover the cost of |
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administering this subchapter. |
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Sec. 822.155. SEIZURE OF DANGEROUS WILD ANIMAL; HEARING. |
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(a) On a showing of probable cause that a dangerous wild animal is |
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owned, possessed, harbored, held in custody, or controlled in |
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violation of this subchapter, a justice court, county court, or |
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county court at law in the county in which the dangerous wild animal |
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is located shall: |
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(1) order an animal control authority or a peace |
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officer located in the county to seize the dangerous wild animal; |
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(2) issue a warrant authorizing the animal's seizure; |
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and |
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(3) schedule a hearing to be held on a date not later |
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than the 10th day after the date the warrant is issued to determine: |
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(A) whether a violation of this subchapter |
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occurred; and |
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(B) the final disposition of the dangerous wild |
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animal. |
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(b) The person executing a warrant described by Subsection |
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(a)(2) shall serve written notice of the hearing described by |
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Subsection (a)(3) to the owner of the dangerous wild animal at the |
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time the warrant is executed. |
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(c) The animal control authority or peace officer shall |
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seize the dangerous wild animal and provide for the impoundment of |
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the animal in secure and humane conditions until a court determines |
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the disposition of the animal and issues appropriate orders. This |
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subsection does not prevent an animal control authority or peace |
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officer from impounding an animal on the property in which the |
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animal is located at the time of the seizure. |
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(d) A court on finding that a violation of this subchapter |
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occurred shall assess against the owner of a seized dangerous wild |
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animal the reasonable costs of caring for the animal, including |
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boarding and veterinary costs. |
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(e) A court's decision under this section is final and may |
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not be appealed. |
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Sec. 822.156. DISPOSITION OF CERTAIN DANGEROUS WILD |
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ANIMALS. (a) If a court finds that a person has kept a dangerous |
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wild animal in violation of this subchapter, the court shall divest |
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the person's ownership of the animal and order ownership of the |
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animal to vest in the animal control authority. |
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(b) The animal control authority shall make a reasonable |
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effort to place the animal in the custody of a wildlife sanctuary or |
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other facility that is willing and able to take custody of the |
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animal. If the animal control authority is unable to place the |
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animal with a wildlife sanctuary or other facility, the animal |
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control authority may humanely euthanize the animal in compliance |
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with state and federal law. |
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Sec. 822.157. CIVIL PENALTY. (a) A person who violates |
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this subchapter is liable to the county in which the violation |
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occurs for a civil penalty of not less than $200 and not more than |
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$2,000 for each animal with respect to which there is a violation |
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and for each day that the violation continues. |
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(b) A county in which the violation occurs may sue to |
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collect a civil penalty under this section. A civil penalty |
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collected under this subsection may be retained by the county. |
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(c) A county that sues under Subsection (b) may also recover |
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the reasonable costs of investigation, reasonable attorney's fees, |
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and other costs incurred by the county or an animal control |
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authority. |
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Sec. 822.158. INJUNCTION. A county in which a dangerous |
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wild animal is located or a person who is harmed or threatened with |
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harm by a violation of this subchapter may sue an owner of a |
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dangerous wild animal to enjoin a violation of this subchapter. |
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Sec. 822.159. OFFENSE; PENALTY. (a) A person commits an |
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offense if the person violates this subchapter. Each animal with |
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respect to which there is a violation and each day that a violation |
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continues is a separate offense. |
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(b) An offense under this section is a Class A misdemeanor. |
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SECTION 2. Section 42.01(e), Penal Code, is amended to read |
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as follows: |
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(e) It is a defense to prosecution for an offense under |
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Subsection (a)(7) or (9) that the person who discharged the firearm |
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had a reasonable fear of bodily injury to the person or to another |
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by a dangerous wild animal as defined by Section 822.151 [822.101], |
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Health and Safety Code. |
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SECTION 3. Section 42.092(d), Penal Code, is amended to |
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read as follows: |
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(d) It is a defense to prosecution under this section that: |
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(1) the actor had a reasonable fear of bodily injury to |
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the actor or to another person by a dangerous wild animal as defined |
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by Section 822.151 [822.101], Health and Safety Code; or |
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(2) the actor was engaged in bona fide experimentation |
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for scientific research. |
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SECTION 4. On January 1, 2018, Subchapter E, Chapter 822, |
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Health and Safety Code, is repealed. |
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SECTION 5. (a) Section 822.113, Health and Safety Code, as |
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repealed by this Act, applies only to an offense committed before |
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September 1, 2017. An offense committed before that date is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this subsection, an offense was committed before that |
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date if any element of the offense occurred before that date. |
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(b) Section 822.159, Health and Safety Code, as added by |
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this Act, applies only to an offense committed on or after the |
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effective date of this Act. An offense committed before the |
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effective date of this Act is governed by the law in effect on the |
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date the offense was committed, and the former law is continued in |
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effect for that purpose. For purposes of this section, an offense |
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was committed before the effective date of this Act if any element |
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of the offense occurred before that date. |
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(c) Not later than November 1, 2017, the executive |
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commissioner of the Health and Human Services Commission shall |
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adopt rules, establish the fees, and prescribe the application form |
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necessary to implement Subchapter F, Chapter 822, Health and Safety |
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Code, as added by this Act. |
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(d) Notwithstanding Subchapter F, Chapter 822, Health and |
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Safety Code, as added by this Act, an owner of a dangerous wild |
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animal is not required to comply with Subchapter F, Chapter 822, |
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Health and Safety Code, as added by this Act, or rules adopted under |
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that subchapter until January 1, 2018. |
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SECTION 6. This Act takes effect September 1, 2017. |