By: Huffman, Alvarado, Lucio S.B. No. 641

(In the Senate - Filed February 5, 2019; March 1, 2019, read first time and referred to Committee on Water & Rural Affairs; April 24, 2019, reported adversely, with favorable Committee Substitute by the following vote: Yeas 7, Nays 0; April 24, 2019, sent to printer.) Click here to see the committee vote

COMMITTEE SUBSTITUTE FOR S.B. No. 641 By: Creighton

A BILL TO BE ENTITLED

AN ACT

relating to dangerous wild animals; providing penalties; creating a criminal offense; authorizing a fee.

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

SECTION 1. Chapter 822, Health and Safety Code, is amended by adding Subchapter F to read as follows:

SUBCHAPTER F. REGULATION OF DANGEROUS WILD ANIMALS

Sec. 822.151. DEFINITIONS. In this subchapter:

(1) "Animal control authority" means a municipal or county animal control office with authority over the area in which a dangerous wild animal is located or a county sheriff in an area with no animal control office.

(2) "Animal shelter" means a municipal or county animal shelter or an animal shelter operated by a nonprofit charitable organization established primarily to shelter and care for stray and abandoned animals.

(3) "Commission" means the Health and Human Services Commission.

(4) "Dangerous wild animal" means:

(A) a baboon;

(B) a bear;

(C) a cheetah;

(D) a chimpanzee;

(E) a clouded leopard;

(F) a cougar;

(G) a gorilla;

(H) a hyena;

(I) a jaguar;

(J) a leopard;

(K) a lion;

(L) a macaque;

(M) an orangutan;

(N) a snow leopard;

(O) a tiger; or

(P) any hybrid or subspecies of an animal listed in this subdivision.

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

(6) "Person" means an individual, partnership, corporation, trust, estate, joint stock company, foundation, or association of individuals.

(7) "Wildlife sanctuary" means a charitable organization that is exempt from taxation under Section 501(c)(3), Internal Revenue Code of 1986, and that:

(A) operates a place of refuge where an abused, neglected, unwanted, impounded, abandoned, orphaned, or displaced wild animal is provided care for the animal's lifetime; and

(B) with respect to a dangerous wild animal owned by or in the custody or control of the organization, does not:

(i) conduct a commercial activity, including the sale, trade, auction, lease, or loan of the animal or parts of the animal, or use the animal in any manner in a for-profit business or operation;

(ii) breed the animal;

(iii) allow direct contact between the public and the animal; or

(iv) allow off-site transportation and display of the animal.

Sec. 822.152. DANGEROUS WILD ANIMALS PROHIBITED; EXCEPTIONS. (a) Except as provided by this section, a person may not own, possess, sell, transfer, breed, or have custody or control of a dangerous wild animal.

(b) The prohibition under Subsection (a) does not apply to:

(1) a county, municipality, or agency of this state, an agency of the United States, or an agent or official of a county, municipality, or agency acting in the agent's or official's official capacity;

(2) a research facility, as defined by Section 2(e), Animal Welfare Act (7 U.S.C. Section 2132(e)), that is licensed by the secretary of the United States Department of Agriculture under that Act;

(3) a person holding a Class "A", Class "B", or Class "C" license issued by the United States secretary of agriculture under the Animal Welfare Act (7 U.S.C. Section 2131 et seq.) if the person complies with Section 822.153;

(4) an institution accredited by the Association of Zoos and Aquariums or the Zoological Association of America;

(5) a wildlife sanctuary;

(6) a veterinary hospital providing treatment to a dangerous wild animal;

(7) a person who holds a rehabilitation permit issued under Subchapter C, Chapter 43, Parks and Wildlife Code, while rehabilitating the dangerous wild animal;

(8) a college or university that began displaying a dangerous wild animal as a mascot before September 1, 2019, and does not allow direct contact between the public and the mascot;

(9) an animal shelter temporarily housing a dangerous wild animal seized under Section 822.156 or the written request of an animal control authority or a law enforcement agency acting under this subchapter; or

(10) an owner lawfully in possession of a dangerous wild animal before September 1, 2019, if the owner complies with Section 822.154.

Sec. 822.153. REGULATION OF CERTAIN LICENSE HOLDERS. A person described by Section 822.152(b)(3) may possess a dangerous wild animal if:

(1) the person's license described by that subdivision is in good standing;

(2) the person has not been convicted of or fined for an offense involving the abuse or neglect of any animal under local, state, or federal law;

(3) none of the person's employees with responsibility for the security or care of the dangerous wild animal have been convicted of or fined for an offense described by Subdivision (2);

(4) the person has not been cited by the United States Department of Agriculture under the Animal Welfare Act (7 U.S.C. Section 2131 et seq.) within the preceding three years for:

(A) failure to allow a facility inspection; or

(B) interference with a facility inspection;

(5) the person has not been cited in an inspection report by the United States Department of Agriculture under the Animal Welfare Act for any violations during the preceding three years related to a dangerous wild animal's health and safety being jeopardized by:

(A) inappropriate veterinary care;

(B) inappropriate handling of the animal causing stress or trauma to the animal or a threat to public safety;

(C) inappropriate provision of food, water, shelter, or space; or

(D) any infraction cited as a direct violation;

(6) the person has not received any official notice of warning or entered into stipulations, consent decrees, or settlements with the United States Department of Agriculture during the preceding five years;

(7) the person discloses any known pending investigation of the person by the United States Department of Agriculture;

(8) the person maintains liability insurance in an amount not less than $100,000 for each occurrence of property damage, bodily injury, or death caused by a dangerous wild animal possessed by the person;

(9) the person has not had a license or permit for the care, possession, exhibition, propagation, or sale of animals revoked or suspended by any local, state, or federal agency; and

(10) the person has a written plan, including protocols for training staff on methods of safe recapture, filed with the appropriate animal control authority for the quick and safe recapture or destruction for each of the person's dangerous wild animals if the animal escapes.

Sec. 822.154. REGULATION OF CERTAIN OWNERS; REGISTRATION; FEE. (a) An owner described by Section 822.152(b)(10) may possess a dangerous wild animal if the owner:

(1) has veterinary records or acquisition papers that establish ownership of the dangerous wild animal before September 1, 2019;

(2) has not been convicted of an offense involving cruelty to an animal;

(3) has not had a license or permit relating to the care, possession, exhibition, breeding, or sale of a dangerous wild animal revoked or suspended by any local, state, or federal agency;

(4) has developed and is prepared to implement an emergency plan for responding to the escape of or an attack by the dangerous wild animal and has provided the plan to the commission and animal control authority at the time the owner registers the animal under Subsection (b);

(5) has provided a list of the owner's dangerous wild animals to the commission and animal control authority;

(6) does not acquire by any means, including through purchase, donation, or breeding, an additional dangerous wild animal on or after September 1, 2019;

(7) does not allow direct contact between the public and the dangerous wild animal;

(8) registers the dangerous wild animal with the commission as required by Subsection (b);

(9) notifies the commission of any attack of a human by the animal not later than 48 hours after the attack; and

(10) immediately notifies the commission and local law enforcement of any escape of the animal from the owner's custody.

(b) An owner described by Section 822.152(b)(10) shall annually register the owner's dangerous wild animal with the commission on a form provided by the commission and pay the registration fee established by the commission.

(c) The commission may establish and charge a reasonable registration fee in an amount sufficient to cover the cost of administering this subchapter.

Sec. 822.155. LIABILITY. (a) An owner described by Section 822.152(b)(10) is liable for all costs incurred in apprehending and confining a dangerous wild animal that escapes the owner's custody.

(b) The commission, a local law enforcement agency, or an employee of the commission or agency is not liable to an owner described by Section 822.152(b)(10) for damages arising from the escape of the owner's dangerous wild animal, including liability for property damage, injury, or death caused by the animal or for injury to or the death of the animal.

Sec. 822.156. SEIZURE OF DANGEROUS WILD ANIMAL; HEARING. (a) On a showing of probable cause that a dangerous wild animal is owned, possessed, held in custody, or controlled in violation of this subchapter, a justice court, county court, or county court at law in the county in which the dangerous wild animal is located shall:

(1) order an animal control authority or a peace officer located in the county to seize the dangerous wild animal;

(2) issue a warrant authorizing the animal's seizure; and

(3) schedule a hearing to be held on a date not later than the 10th day after the date the warrant is issued to determine:

(A) whether a violation of this subchapter occurred; and

(B) the final disposition of the dangerous wild animal.

(b) The person executing a warrant described by Subsection (a)(2) shall serve written notice of the hearing described by Subsection (a)(3) to the owner of the dangerous wild animal at the time the warrant is executed.

(c) The animal control authority or peace officer shall seize the dangerous wild animal and provide for the impoundment of the animal in secure and humane conditions until a court determines the disposition of the animal and issues appropriate orders. This subsection does not prevent an animal control authority or peace officer from impounding an animal on the property in which the animal is located at the time of the seizure.

(d) A court on finding that a violation of this subchapter occurred shall assess against the owner of a seized dangerous wild animal the reasonable costs of caring for the animal, including boarding and veterinary costs.

(e) A court, on finding that a violation of this subchapter occurred, shall determine the estimated costs likely to be incurred by an animal control authority, law enforcement agency, wildlife sanctuary, or zoo accredited by the Association of Zoos and Aquariums or the Zoological Association of America to house and care for a dangerous wild animal during the appeal process.

(f) After making the determination under Subsection (e), the court at the time of entering the judgment shall set the amount of bond for an appeal equal to the sum of:

(1) the amount of the costs ordered under Subsection (d); and

(2) the amount of the estimated costs determined under Subsection (e).

(g) A court may not require a person to provide a bond in an amount greater than or in addition to the amount determined by the court under Subsection (f) to perfect an appeal.

Sec. 822.157. DISPOSITION OF CERTAIN DANGEROUS WILD ANIMALS. (a) If a court finds that a person has kept a dangerous wild animal in violation of this subchapter, the court shall divest the person's ownership of the animal and order ownership of the animal to vest in the animal control authority.

(b) The animal control authority shall make a reasonable effort to place the animal in the custody of a wildlife sanctuary or an accredited zoo. If the animal control authority is unable to place the animal with a wildlife sanctuary or an accredited zoo, the animal control authority may humanely euthanize the animal in compliance with state and federal law.

Sec. 822.158. CIVIL PENALTY. (a) A person who violates this subchapter is liable to the county in which the violation occurs for a civil penalty of not less than $200 and not more than $2,000 for each animal with respect to which there is a violation and for each day that the violation continues.

(b) A county in which the violation occurs may sue to collect a civil penalty under this section. A civil penalty collected under this subsection may be retained by the county.

(c) A county that sues under Subsection (b) may also recover the reasonable costs of investigation, reasonable attorney's fees, and other costs incurred by the county or an animal control authority.

Sec. 822.159. INJUNCTION. A county in which a dangerous wild animal is located or in which a person who is harmed or threatened with harm by a violation of this subchapter may sue an owner of a dangerous wild animal to enjoin a violation of this subchapter.

Sec. 822.160. OFFENSE; PENALTY. (a) A person commits an offense if the person violates this subchapter. Each animal with respect to which there is a violation and each day that a violation continues is a separate offense.

(b) An offense under this section is a Class A misdemeanor.

SECTION 2. Section 42.01(e), Penal Code, is amended to read as follows:

(e) It is a defense to prosecution for an offense under Subsection (a)(7) or (9) that the person who discharged the firearm had a reasonable fear of bodily injury to the person or to another by a dangerous wild animal as defined by Section 822.151 [822.101], Health and Safety Code.

SECTION 3. Section 42.092(d), Penal Code, is amended to read as follows:

(d) It is a defense to prosecution under this section that:

(1) the actor had a reasonable fear of bodily injury to the actor or to another person by a dangerous wild animal as defined by Section 822.151 [822.101], Health and Safety Code; or

(2) the actor was engaged in bona fide experimentation for scientific research.

SECTION 4. On January 1, 2020, Subchapter E, Chapter 822, Health and Safety Code, is repealed.

SECTION 5. (a) The repeal by this Act of Section 822.113, Health and Safety Code, does not apply to an offense committed under that section before the effective date of the repeal. An offense committed before the effective date of the repeal is governed by the law as it existed on the date the offense was committed, and the former law is continued in effect for that purpose. For purposes of this subsection, an offense was committed before the effective date of the repeal if any element of the offense occurred before that date.

(b) Section 822.160, Health and Safety Code, as added by this Act, applies 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 subsection, an offense was committed before the effective date of this Act if any element of the offense occurred before that date.

(c) Not later than November 1, 2019, the executive commissioner of the Health and Human Services Commission shall adopt rules, establish the fees, and prescribe the application form necessary to implement Subchapter F, Chapter 822, Health and Safety Code, as added by this Act.

(d) Notwithstanding Subchapter F, Chapter 822, Health and Safety Code, as added by this Act, an owner of a dangerous wild animal is not required to comply with Subchapter F, Chapter 822, Health and Safety Code, as added by this Act, or rules adopted under that subchapter until January 1, 2020.

SECTION 6. Except as otherwise provided by this Act, this Act takes effect September 1, 2019.

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