Texas 2009 - 81st Regular

Texas House Bill HB3117 Compare Versions

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1	1	81R6172 SLB-D
2	2	By: Homer H.B. No. 3117
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the possession, custody, or control of a cougar,
8	8	bobcat, or coyote.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 822.102(a), Health and Safety Code, is
11	11	amended to read as follows:
12	12	(a) This subchapter does not apply to:
13	13	(1) a county, municipality, or agency of the state or
14	14	an agency of the United States or an agent or official of a county,
15	15	municipality, or agency acting in an official capacity;
16	16	(2) a research facility, as that term is defined by
17	17	Section 2(e), Animal Welfare Act (7 U.S.C. Section 2132), and its
18	18	subsequent amendments, that is licensed by the secretary of
19	19	agriculture of the United States under that Act;
20	20	(3) an organization that is an accredited member of
21	21	the American Zoo and Aquarium Association;
22	22	(4) an injured, infirm, orphaned, or abandoned
23	23	dangerous wild animal while being transported for care or
24	24	treatment;
25	25	(5) an injured, infirm, orphaned, or abandoned
26	26	dangerous wild animal while being rehabilitated, treated, or cared
27	27	for by a licensed veterinarian, an incorporated humane society or
28	28	animal shelter, or a person who holds a rehabilitation permit
29	29	issued under Subchapter C, Chapter 43, Parks and Wildlife Code, for
30	30	the species of animal being rehabilitated;
31	31	(6) a dangerous wild animal owned by and in the custody
32	32	and control of a transient circus company that is not based in this
33	33	state if:
34	34	(A) the animal is used as an integral part of the
35	35	circus performances; and
36	36	(B) the animal is kept within this state only
37	37	during the time the circus is performing in this state or for a
38	38	period not to exceed 30 days while the circus is performing outside
39	39	the United States;
40	40	(7) a dangerous wild animal while in the temporary
41	41	custody or control of a television or motion picture production
42	42	company during the filming of a television or motion picture
43	43	production in this state;
44	44	(8) a dangerous wild animal owned by and in the
45	45	possession, custody, or control of a college or university solely
46	46	as a mascot for the college or university;
47	47	(9) a dangerous wild animal while being transported in
48	48	interstate commerce through the state in compliance with the Animal
49	49	Welfare Act (7 U.S.C. Section 2131 et seq.) and its subsequent
50	50	amendments and the regulations adopted under that Act;
51	51	(10) a nonhuman primate owned by and in the control and
52	52	custody of a person whose only business is supplying nonhuman
53	53	primates directly and exclusively to biomedical research
54	54	facilities and who holds a Class "A" or Class "B" dealer's license
55	55	issued by the secretary of agriculture of the United States under
56	56	the Animal Welfare Act (7 U.S.C. Section 2131 et seq.) and its
57	57	subsequent amendments;
58	58	(11) a dangerous wild animal that is:
59	59	(A) owned by or in the possession, control, or
60	60	custody of a person who is a participant in a species survival plan
61	61	of the American Zoo and Aquarium Association for that species; and
62	62	(B) an integral part of that species survival
63	63	plan; and
64	64	(12) [in a county west of the Pecos River that has a
65	65	population of less than 25,000,] a cougar, bobcat, or coyote in the
66	66	possession, custody, or control of a person who, as part of a
67	67	predator or depredation control activity:
68	68	(A) [that] has trapped or captured the cougar,
69	69	bobcat, or coyote;
70	70	(B) transfers the cougar, bobcat, or coyote to a
71	71	person permitted to receive the cougar, bobcat, or coyote under
72	72	this section; or
73	73	(C) specializes in lure production or dog
74	74	training as those activities relate to a predator or depredation
75	75	control activity [as part of a predator or depredation control
76	76	activity].
77	77	SECTION 2. This Act takes effect September 1, 2009.