87R4736 MCF-F
 
  By: Guillen H.B. No. 4049
 
 
 
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 the sheriff of a
  county in which a dangerous wild animal is located.
               (2)  "Animal shelter" means a municipal or county
  animal shelter.
               (3)  "Commission" means the Health and Human Services
  Commission.
               (4)  "Dangerous wild animal" means:
                     (A)  a baboon;
                     (B)  a bear;
                     (C)  a bobcat;
                     (D)  a caracal;
                     (E)  a cheetah;
                     (F)  a chimpanzee;
                     (G)  a clouded leopard;
                     (H)  a cougar;
                     (I)  a coyote;
                     (J)  an elephant;
                     (K)  a gorilla;
                     (L)  a hyena;
                     (M)  a jackal;
                     (N)  a jaguar;
                     (O)  a leopard;
                     (P)  a lion;
                     (Q)  a lynx;
                     (R)  a macaque;
                     (S)  an ocelot;
                     (T)  an orangutan;
                     (U)  a serval;
                     (V)  a snow leopard;
                     (W)  a tiger; or
                     (X)  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 exempt from federal taxation under Section 501(c)(3),
  Internal Revenue Code of 1986, that is described by Section
  170(b)(1)(A)(vi), Internal Revenue Code of 1986, 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 as described by Section 822.152(b); 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)  A person may not allow a member of the public to have
  direct contact with a dangerous wild animal.  For purposes of this
  subsection, direct contact includes allowing a member of the public
  to access a dangerous wild animal without a permanent physical
  barrier preventing contact between the member of the public and the
  animal.
         (c)  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)  a wildlife sanctuary;
               (5)  a veterinary hospital providing treatment to a
  dangerous wild animal;
               (6)  a person who holds a rehabilitation permit issued
  under Subchapter C, Chapter 43, Parks and Wildlife Code, while
  rehabilitating the dangerous wild animal;
               (7)  a college or university that began displaying a
  dangerous wild animal as a mascot before September 1, 2021, and does
  not allow direct contact between the public and the mascot;
               (8)  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
               (9)  an owner lawfully in possession of a dangerous
  wild animal before September 1, 2021, if the owner complies with
  Section 822.154.
         Sec. 822.153.  REGULATION OF CERTAIN LICENSE HOLDERS. A
  person described by Section 822.152(c)(3) may possess a dangerous
  wild animal if:
               (1)  the person's license described by that section 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 discloses any known pending
  investigation of the person by the United States Department of
  Agriculture;
               (6)  the person maintains liability insurance in an
  amount not less than $100,000, with a deductible of not more than
  $250, for each occurrence of property damage, bodily injury, or
  death caused by a dangerous wild animal possessed by the person;
               (7)  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
               (8)  the person has a written plan, including protocols
  for training staff on methods of safe response and recapture, filed
  with the appropriate animal control authority for the quick
  response and safe recapture or destruction for each of the person's
  dangerous wild animals if the animal escapes or attacks another
  person.
         Sec. 822.154.  REGULATION OF CERTAIN OWNERS; REGISTRATION;
  FEE. (a) An owner described by Section 822.152(c)(9) 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, 2021;
               (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, 2021;
               (7)  does not allow direct contact between the public
  and the dangerous wild animal as described by Section 822.152(b);
               (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(c)(9) 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.  ANIMAL ATTACK OR ESCAPE; LIABILITY.  (a)  An
  owner described by Section 822.152(c)(9) shall notify the
  commission and local law enforcement agency of any escape or attack
  on a human by a dangerous wild animal within 48 hours of the escape
  or attack.
         (b)  An owner described by Section 822.152(c)(9) is liable
  for all costs incurred in apprehending and confining a dangerous
  wild animal that escapes the owner's custody.
         (c)  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(c)(9) 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's decision under this section is final and may
  not be appealed.
         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.
  If the animal control authority is unable to place the animal with a
  wildlife sanctuary, 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.  CRIMINAL 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, 2022, Subchapter E, Chapter 822,
  Health and Safety Code, is repealed.
         SECTION 5.  (a) Section 822.113, Health and Safety Code, as
  repealed by this Act, applies only to an offense committed before
  September 1, 2021. An offense committed before that date 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 that
  date 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 section, 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, 2021, 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, 2022.
         SECTION 6.  This Act takes effect September 1, 2021.