Texas 2011 - 82nd 1st C.S.

Texas House Bill HB56 Compare Versions

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1	1	82S10204 NAJ-D
2	2	By: Larson, Guillen H.B. No. 56
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the regulation of certain animals.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 822.007, Health and Safety Code, is
10	10	amended to read as follows:
11	11	Sec. 822.007. LOCAL REGULATION OF DOGS. (a) Except as
12	12	provided by Subsection (c), this [This] subchapter does not
13	13	prohibit a municipality or county from adopting leash or
14	14	registration requirements applicable to dogs.
15	15	(b) A volunteer search and rescue service dog that is part
16	16	of a volunteer search and rescue team is not considered a dangerous
17	17	wild animal for purposes of this chapter.
18	18	(c) In this section, "volunteer search and rescue team"
19	19	means an individual or an organized group of volunteers issued a
20	20	written document by a law enforcement department that recognizes
21	21	the individual or group as a person or group that trains dogs to
22	22	assist in the location of a lost or missing person or for law
23	23	enforcement purposes. A municipality may not adopt or enforce an
24	24	ordinance, including a leash law, that restricts the ability of a
25	25	volunteer search and rescue team to train a service dog for search
26	26	and rescue or law enforcement purposes.
27	27	SECTION 2. Section 822.101, Health and Safety Code, is
28	28	amended by adding Subdivision (8) to read as follows:
29	29	(8) "Wildlife sanctuary" means a public charitable
30	30	organization that:
31	31	(A) is exempt from taxation under Section 501(a),
32	32	Internal Revenue Code of 1986, by being listed as an exempt
33	33	organization under Section 501(c)(3) of that code;
34	34	(B) is described by Section 170(b)(1)(A)(vi),
35	35	Internal Revenue Code of 1986;
36	36	(C) operates a place of refuge where an abused,
37	37	neglected, unwanted, impounded, abandoned, orphaned, or displaced
38	38	wild animal is:
39	39	(i) provided care for the animal's
40	40	lifetime;
41	41	(ii) transferred to another wildlife
42	42	sanctuary; or
43	43	(iii) released back to the animal's natural
44	44	habitat; and
45	45	(D) with respect to a wild animal owned by the
46	46	organization, does not:
47	47	(i) conduct any commercial activity; or
48	48	(ii) breed the animal.
49	49	SECTION 3. Section 822.102(a), Health and Safety Code, is
50	50	amended to read as follows:
51	51	(a) This subchapter does not apply to:
52	52	(1) a county, municipality, or agency of the state or
53	53	an agency of the United States or an agent or official of a county,
54	54	municipality, or agency acting in an official capacity;
55	55	(2) a research facility, as that term is defined by
56	56	Section 2(e), Animal Welfare Act (7 U.S.C. Section 2132), and its
57	57	subsequent amendments, that is licensed by the secretary of
58	58	agriculture of the United States under that Act;
59	59	(3) an organization that is an accredited member of
60	60	the American Zoo and Aquarium Association;
61	61	(4) an injured, infirm, orphaned, or abandoned
62	62	dangerous wild animal while being transported for care or
63	63	treatment;
64	64	(5) a sick or [an] injured[, infirm, orphaned, or
65	65	abandoned] dangerous wild animal while being rehabilitated or[,]
66	66	treated[, or cared for] by and in the temporary possession of a
67	67	licensed veterinarian[, an incorporated humane society or animal
68	68	shelter,] or a person who holds a rehabilitation permit issued
69	69	under Subchapter C, Chapter 43, Parks and Wildlife Code, for the
70	70	animal being rehabilitated or treated;
71	71	(6) a dangerous wild animal owned by and in the custody
72	72	and control of a transient circus company that is not based in this
73	73	state if:
74	74	(A) the animal is used as an integral part of the
75	75	circus performances; and
76	76	(B) the animal is kept within this state only
77	77	during the time the circus is performing in this state or for a
78	78	period not to exceed 30 days while the circus is performing outside
79	79	the United States;
80	80	(7) a dangerous wild animal while in the temporary
81	81	custody or control of a television or motion picture production
82	82	company during the filming of a television or motion picture
83	83	production in this state;
84	84	(8) a dangerous wild animal owned by and in the
85	85	possession, custody, or control of a college or university solely
86	86	as a mascot for the college or university;
87	87	(9) a dangerous wild animal while being transported in
88	88	interstate commerce through the state in compliance with the Animal
89	89	Welfare Act (7 U.S.C. Section 2131 et seq.) and its subsequent
90	90	amendments and the regulations adopted under that Act;
91	91	(10) a nonhuman primate owned by and in the control and
92	92	custody of a person whose only business is supplying nonhuman
93	93	primates directly and exclusively to biomedical research
94	94	facilities and who holds a Class "A" or Class "B" dealer's license
95	95	issued by the secretary of agriculture of the United States under
96	96	the Animal Welfare Act (7 U.S.C. Section 2131 et seq.) and its
97	97	subsequent amendments;
98	98	(11) a dangerous wild animal that is:
99	99	(A) owned by or in the possession, control, or
100	100	custody of a person who is a participant in a species survival plan
101	101	of the American Zoo and Aquarium Association for that species; and
102	102	(B) an integral part of that species survival
103	103	plan; [and]
104	104	(12) in a county west of the Pecos River that has a
105	105	population of less than 25,000, a cougar, bobcat, or coyote in the
106	106	possession, custody, or control of a person that has trapped the
107	107	cougar, bobcat, or coyote as part of a predator or depredation
108	108	control activity;
109	109	(13) an organization that is an accredited member of
110	110	the Zoological Association of America; and
111	111	(14) a wildlife sanctuary that is verified or
112	112	accredited by:
113	113	(A) the Global Federation of Animal Sanctuaries;
114	114	(B) the American Sanctuary Association and that
115	115	received initial verification or accreditation from that
116	116	association before May 1, 2011; or
117	117	(C) a successor nonprofit organization that is
118	118	similar to the Global Federation of Animal Sanctuaries and is
119	119	designated by the Department of State Health Services if the Global
120	120	Federation of Animal Sanctuaries ceases to exist.
121	121	SECTION 4. This Act takes effect immediately if it receives
122	122	a vote of two-thirds of all the members elected to each house, as
123	123	provided by Section 39, Article III, Texas Constitution. If this
124	124	Act does not receive the vote necessary for immediate effect, this
125	125	Act takes effect on the 91st day after the last day of the
126	126	legislative session.