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A BILL TO BE ENTITLED
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AN ACT
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relating to a prohibition on public contact with certain animals; |
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imposing a civil penalty; creating a criminal offense. |
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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. PUBLIC CONTACT WITH CERTAIN ANIMALS PROHIBITED |
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Sec. 822.151. APPLICABILITY. This subchapter applies only |
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to the following animals: |
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(A) a bear; |
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(B) a cougar; |
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(C) an elephant; |
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(D) a jaguar; |
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(E) a leopard; |
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(F) a lion; |
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(G) a nonhuman primate; |
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(H) a snow leopard; and |
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(I) a tiger. |
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Sec. 822.152. DIRECT CONTACT PROHIBITED. A person may not |
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allow a member of the public to have direct contact with an animal |
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described by Section 822.151. For purposes of this subsection, |
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direct contact includes allowing a member of the public to be in |
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close proximity to an animal in an area without a permanent physical |
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barrier preventing contact between the public and the animal. |
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Sec. 822.153. CIVIL PENALTY. (a) A person who violates |
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Section 822.152 is liable for a civil penalty of not less than $200 |
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and not more than $2,000 for each animal subject to the violation |
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and for each day the violation continues. |
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(b) The attorney general or the appropriate district or |
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county attorney may: |
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(1) bring an action on behalf of this state to collect |
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the civil penalty under this section; and |
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(2) recover attorney's fees and costs incurred in |
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bringing the action. |
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Sec. 822.154. CRIMINAL OFFENSE; PENALTY. (a) A person |
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commits an offense if the person violates Section 822.152. Each |
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animal subject to a violation and each day a violation continues is |
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a separate offense. |
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(b) An offense under this section is a Class A misdemeanor. |
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Sec. 822.155. EFFECT OF SUBCHAPTER ON OTHER LAW. This |
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subchapter does not preempt a local regulation relating to an |
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animal described by Section 822.151 or affect the authority of a |
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political subdivision to adopt or enforce an ordinance or |
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requirement relating to an animal described by that section if the |
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regulation, ordinance, or requirement: |
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(1) is compatible with and equal to or more stringent |
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than a requirement prescribed by this subchapter; or |
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(2) relates to an issue not specifically addressed by |
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this subchapter. |
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SECTION 2. This Act takes effect September 1, 2021. |