82R8108 NAJ-D
By: Hilderbran H.B. No. 251
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of dangerous wild animals.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 822.102(a), Health and Safety Code, is
amended to read as follows:
(a) This subchapter does not apply to:
(1) a county, municipality, or agency of the state or
an agency of the United States or an agent or official of a county,
municipality, or agency acting in an official capacity;
(2) a research facility, as that term is defined by
Section 2(e), Animal Welfare Act (7 U.S.C. Section 2132), and its
subsequent amendments, that is licensed by the secretary of
agriculture of the United States under that Act;
(3) an organization that is an accredited member of
the American Zoo and Aquarium Association;
(4) an injured, infirm, orphaned, or abandoned
dangerous wild animal while being transported for care or
treatment;
(5) [an injured, infirm, orphaned, or abandoned
dangerous wild animal while being rehabilitated, treated, or cared
for by a licensed veterinarian, an incorporated humane society or
animal shelter, or a person who holds a rehabilitation permit
issued under Subchapter C, Chapter 43, Parks and Wildlife Code;
[(6)] a dangerous wild animal owned by and in the
custody and control of a transient circus company that is not based
in this state if:
(A) the animal is used as an integral part of the
circus performances; and
(B) the animal is kept within this state only
during the time the circus is performing in this state or for a
period not to exceed 30 days while the circus is performing outside
the United States;
(6) [(7)] a dangerous wild animal while in the
temporary custody or control of a television or motion picture
production company during the filming of a television or motion
picture production in this state;
(7) [(8)] a dangerous wild animal owned by and in the
possession, custody, or control of a college or university solely
as a mascot for the college or university;
(8) [(9)] a dangerous wild animal while being
transported in interstate commerce through the state in compliance
with the Animal Welfare Act (7 U.S.C. Section 2131 et seq.) and its
subsequent amendments and the regulations adopted under that Act;
(9) [(10)] a nonhuman primate owned by and in the
control and custody of a person whose only business is supplying
nonhuman primates directly and exclusively to biomedical research
facilities and who holds a Class "A" or Class "B" dealer's license
issued by the secretary of agriculture of the United States under
the Animal Welfare Act (7 U.S.C. Section 2131 et seq.) and its
subsequent amendments;
(10) [(11)] a dangerous wild animal that is:
(A) owned by or in the possession, control, or
custody of a person who is a participant in a species survival plan
of the American Zoo and Aquarium Association for that species; and
(B) an integral part of that species survival
plan; and
(11) [(12)] in a county west of the Pecos River that
has a population of less than 25,000, a cougar, bobcat, or coyote in
the possession, custody, or control of a person that has trapped the
cougar, bobcat, or coyote as part of a predator or depredation
control activity.
SECTION 2. The heading to Section 822.103, Health and
Safety Code, is amended to read as follows:
Sec. 822.103. CERTIFICATE OF REGISTRATION; RESTRICTIONS;
FEES.
SECTION 3. Sections 822.103(a) and (c), Health and Safety
Code, are amended to read as follows:
(a) A person may not own, harbor, or have custody or control
of a dangerous wild animal for any purpose unless:
(1) the person holds a certificate of registration for
that animal issued by an animal registration agency;
(2) the location where the animal is kept is five or
more miles from any school, church, or day care; and
(3) the person has two or more acres for each animal
registered at the location where the animal is kept.
(c) The animal registration agency may establish and charge
reasonable fees for application, issuance, and renewal of a
certificate of registration in order to recover the costs
associated with the administration and enforcement of this
subchapter. The fee charged to an applicant may not exceed $500
[$50] for each animal registered [and may not exceed $500 for each
person registering animals, regardless of the number of animals
owned by the person]. The fees collected under this section may be
used only to administer and enforce this subchapter.
SECTION 4. Section 822.104(b), Health and Safety Code, is
amended to read as follows:
(b) The application must include:
(1) the name, address, and telephone number of the
applicant;
(2) a complete identification of each animal,
including species, sex, age, if known, and any distinguishing marks
or coloration that would aid in the identification of the animal;
(3) the exact location where each animal is to be kept;
(4) a sworn statement that:
(A) all information in the application is
complete and accurate; and
(B) the applicant has read this subchapter and
that all facilities used by the applicant to confine or enclose the
animal comply with the requirements of this subchapter; [and]
(5) the name of the person who owned the animal
immediately before the applicant;
(6) the address where the applicant obtained the
animal; and
(7) any other information the animal registration
agency may require.
SECTION 5. Section 822.105, Health and Safety Code, is
amended by adding Subsection (e) to read as follows:
(e) A person may not reapply for a certificate of
registration before the first anniversary of the date:
(1) the denial of an application for a certificate of
registration becomes final; or
(2) the revocation of a certificate of registration
becomes final.
SECTION 6. Section 822.107, Health and Safety Code, is
amended to read as follows:
Sec. 822.107. LIABILITY INSURANCE. (a) An owner of a
dangerous wild animal shall maintain liability insurance coverage
in an amount sufficient to cover [of not less than $100,000 for each
occurrence for] liability for damages for destruction of or damage
to property and death or bodily injury to a person caused by the
dangerous wild animal.
(b) The executive commissioner of the Health and Human
Services Commission by rule shall establish insurance requirements
and standards to ensure that an owner of a dangerous wild animal
maintains liability insurance coverage in an amount that protects
and enhances the public's health and safety.
(c) An owner of a dangerous wild animal shall comply with
the insurance requirements and standards established under
Subsection (b).
SECTION 7. Section 822.113(c), Health and Safety Code, is
amended to read as follows:
(c) An offense under this section is a Class B [C]
misdemeanor.
SECTION 8. Section 822.115, Health and Safety Code, is
amended to read as follows:
Sec. 822.115. INJUNCTION. (a) Any person who lives or owns
property in the county where a dangerous wild animal is kept [is
directly harmed or threatened with harm by a violation of this
subchapter or a failure to enforce this subchapter] may sue the [an]
owner of the [a dangerous wild] animal to enjoin a violation of this
subchapter or to enforce this subchapter.
(b) The county or municipality where a dangerous wild animal
is kept may sue an owner of the animal to enjoin a violation of this
subchapter or to enforce this subchapter.
SECTION 9. (a) The changes in law made by this Act to
Sections 822.104 and 822.105, Health and Safety Code, apply to an
application for a certificate of registration for a dangerous wild
animal filed on or after the effective date of this Act. An
application for a certificate of registration for a dangerous wild
animal filed before the effective date of this Act is governed by
the law in effect on the date the application was filed, and the
former law is continued in effect for that purpose.
(b) The change in law made by this Act to Section
822.113(c), Health and Safety Code, 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.
SECTION 10. This Act takes effect September 1, 2011.