Texas 2011 - 82nd Regular

Texas House Bill HB1546 Compare Versions

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Old	New	Differences
1	1	82R22820 NAJ-D
2	2	By: Larson H.B. No. 1546
3	3	Substitute the following for H.B. No. 1546:
4	4	By: Smith of Tarrant C.S.H.B. No. 1546
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the regulation of dangerous wild animals.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 822.101, Health and Safety Code, is
12	12	amended by adding Subdivision (8) to read as follows:
13	13	(8) "Wildlife sanctuary" means a public charitable
14	14	organization that:
15	15	(A) is exempt from taxation under Section 501(a),
16	16	Internal Revenue Code of 1986, by being listed as an exempt
17	17	organization under Section 501(c)(3) of that code;
18	18	(B) is described by Section 170(b)(1)(A)(vi),
19	19	Internal Revenue Code of 1986;
20	20	(C) operates a place of refuge where an abused,
21	21	neglected, unwanted, impounded, abandoned, orphaned, or displaced
22	22	wild animal is:
23	23	(i) provided care for the animal's
24	24	lifetime;
25	25	(ii) transferred to another wildlife
26	26	sanctuary; or
27	27	(iii) released back to the animal's natural
28	28	habitat; and
29	29	(D) with respect to a wild animal owned by the
30	30	organization, does not:
31	31	(i) conduct any commercial activity; or
32	32	(ii) breed the animal.
33	33	SECTION 2. Section 822.102(a), Health and Safety Code, is
34	34	amended to read as follows:
35	35	(a) This subchapter does not apply to:
36	36	(1) a county, municipality, or agency of the state or
37	37	an agency of the United States or an agent or official of a county,
38	38	municipality, or agency acting in an official capacity;
39	39	(2) a research facility, as that term is defined by
40	40	Section 2(e), Animal Welfare Act (7 U.S.C. Section 2132), and its
41	41	subsequent amendments, that is licensed by the secretary of
42	42	agriculture of the United States under that Act;
43	43	(3) an organization that is an accredited member of
44	44	the American Zoo and Aquarium Association;
45	45	(4) an injured, infirm, orphaned, or abandoned
46	46	dangerous wild animal while being transported for care or
47	47	treatment;
48	48	(5) a sick or [an] injured[, infirm, orphaned, or
49	49	abandoned] dangerous wild animal while being rehabilitated or[,]
50	50	treated[, or cared for] by and in the temporary possession of a
51	51	licensed veterinarian[, an incorporated humane society or animal
52	52	shelter,] or a person who holds a rehabilitation permit issued
53	53	under Subchapter C, Chapter 43, Parks and Wildlife Code, for the
54	54	animal being rehabilitated or treated;
55	55	(6) a dangerous wild animal owned by and in the custody
56	56	and control of a transient circus company that is not based in this
57	57	state if:
58	58	(A) the animal is used as an integral part of the
59	59	circus performances; and
60	60	(B) the animal is kept within this state only
61	61	during the time the circus is performing in this state or for a
62	62	period not to exceed 30 days while the circus is performing outside
63	63	the United States;
64	64	(7) a dangerous wild animal while in the temporary
65	65	custody or control of a television or motion picture production
66	66	company during the filming of a television or motion picture
67	67	production in this state;
68	68	(8) a dangerous wild animal owned by and in the
69	69	possession, custody, or control of a college or university solely
70	70	as a mascot for the college or university;
71	71	(9) a dangerous wild animal while being transported in
72	72	interstate commerce through the state in compliance with the Animal
73	73	Welfare Act (7 U.S.C. Section 2131 et seq.) and its subsequent
74	74	amendments and the regulations adopted under that Act;
75	75	(10) a nonhuman primate owned by and in the control and
76	76	custody of a person whose only business is supplying nonhuman
77	77	primates directly and exclusively to biomedical research
78	78	facilities and who holds a Class "A" or Class "B" dealer's license
79	79	issued by the secretary of agriculture of the United States under
80	80	the Animal Welfare Act (7 U.S.C. Section 2131 et seq.) and its
81	81	subsequent amendments;
82	82	(11) a dangerous wild animal that is:
83	83	(A) owned by or in the possession, control, or
84	84	custody of a person who is a participant in a species survival plan
85	85	of the American Zoo and Aquarium Association for that species; and
86	86	(B) an integral part of that species survival
87	87	plan; [and]
88	88	(12) in a county west of the Pecos River that has a
89	89	population of less than 25,000, a cougar, bobcat, or coyote in the
90	90	possession, custody, or control of a person that has trapped the
91	91	cougar, bobcat, or coyote as part of a predator or depredation
92	92	control activity;
93	93	(13) an organization that is an accredited member of
94	94	the Zoological Association of America; and
95	95	(14) a wildlife sanctuary that is verified or
96	96	accredited by:
97	97	(A) the Global Federation of Animal Sanctuaries;
98	98	or
99	99	(B) a successor nonprofit organization that is
100	100	similar to the Global Federation of Animal Sanctuaries and is
101	101	designated by the Department of State Health Services if the Global
102	102	Federation of Animal Sanctuaries ceases to exist.
103	103	SECTION 3. This Act takes effect immediately if it receives
104	104	a vote of two-thirds of all the members elected to each house, as
105	105	provided by Section 39, Article III, Texas Constitution. If this
106	106	Act does not receive the vote necessary for immediate effect, this
107	107	Act takes effect September 1, 2011.