82R23856 NAJ-D
By: Hilderbran H.B. No. 251
Substitute the following for H.B. No. 251:
By: Larson C.S.H.B. No. 251
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of dangerous wild animals; imposing a
penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 822.101, Health and Safety Code, is
amended by adding Subdivision (6-a) to read as follows:
(6-a) "Predatory animal" means:
(A) a lion;
(B) a tiger;
(C) a cougar;
(D) a leopard;
(E) a cheetah;
(F) a jaguar;
(G) a bobcat; or
(H) any hybrid of an animal listed in this
subdivision.
SECTION 2. 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;
(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;
(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;
(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;
(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;
(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]
(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;
(13) an organization that is an accredited member of:
(A) the Zoological Association of America;
(B) the American Sanctuary Association; or
(C) the Global Federation of Animal Sanctuaries;
and
(14) a dangerous wild animal that is owned by or in the
possession, custody, or control of a nonprofit organization that is
dedicated to rescuing animals and educating the public, if the
organization:
(A) is subject to inspection by the Animal and
Plant Health Inspection Service of the United States Department of
Agriculture as a Class A or Class C licensee under federal
regulations;
(B) is a holder of a display permit issued by this
state or a county authority;
(C) does not purchase a dangerous wild animal;
and
(D) does not obtain a dangerous wild animal from
a commercial breeder or a person engaged in the traffic or sale of a
dangerous wild animal unless the animal is surrendered to the
organization by a person who possesses the animal, including a law
enforcement agency or applicable regulatory authority that
confiscates the animal.
SECTION 3. 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 4. Section 822.103(c), Health and Safety Code, is
amended to read as follows:
(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 $50 for
each dangerous wild animal registered and may not exceed $500 for
each person registering animals, regardless of the number of
animals owned by the person, unless the animal is a predatory
animal. The fee charged to an applicant may not exceed $500 for
each dangerous wild animal registered that is a predatory animal.
The fees collected under this section may be used only to administer
and enforce this subchapter.
SECTION 5. 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 if the animal is a predatory
animal;
(6) the address where the applicant obtained the
animal if the animal is a predatory animal; and
(7) any other information the animal registration
agency may require.
SECTION 6. Section 822.105, Health and Safety Code, is
amended by adding Subsection (e) to read as follows:
(e) A person who is denied a certificate of registration for
a dangerous wild animal that is a predatory animal may not reapply
for a certificate of registration for a predatory animal 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 7. Section 822.107, Health and Safety Code, is
amended to read as follows:
Sec. 822.107. LIABILITY INSURANCE. (a) Except as provided
by Subsection (b), an [An] owner of a dangerous wild animal shall
maintain liability insurance coverage in an amount 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) An owner of a dangerous wild animal that is a predatory
animal shall maintain liability insurance coverage in an amount
sufficient to cover liability for damages for destruction of or
damage to property and death or bodily injury to a person caused by
the predatory animal.
(c) 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
that is a predatory animal maintains liability insurance coverage
in an amount that protects and enhances the public's health and
safety.
(d) An owner of a dangerous wild animal that is a predatory
animal shall comply with the insurance requirements and standards
established under Subsection (c).
SECTION 8. Section 822.113(c), Health and Safety Code, is
amended to read as follows:
(c) An offense under this section is:
(1) a Class C misdemeanor; or
(2) a Class B misdemeanor if the dangerous wild animal
with respect to which there is a violation is a predatory animal.
SECTION 9. Section 822.115, Health and Safety Code, is
amended to read as follows:
Sec. 822.115. INJUNCTION. (a) Any person who is directly
harmed or threatened with harm by a violation of this subchapter or
a failure to enforce this subchapter may sue an owner of a dangerous
wild animal to enjoin a violation of this subchapter or to enforce
this subchapter.
(b) Any person who lives or owns property in the county
where a dangerous wild animal that is a predatory animal is kept may
sue the owner of the animal to enjoin a violation of this subchapter
or to enforce this subchapter.
SECTION 10. (a) The changes in law made by this Act to
Sections 822.103, 822.104, and 822.105, Health and Safety Code,
apply to an application for an original or renewal certificate of
registration for a dangerous wild animal that is a predatory animal
filed on or after the effective date of this Act. An application
for a certificate of registration for a dangerous wild animal that
is a predatory 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 11. This Act takes effect September 1, 2011.