Texas 2013 - 83rd Regular

Texas House Bill HB2150 Compare Versions

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1	1	By: Nevarez (Senate Sponsor - Estes) H.B. No. 2150
2	2	(In the Senate - Received from the House May 9, 2013;
3	3	May 15, 2013, read first time and referred to Committee on
4	4	Agriculture, Rural Affairs, and Homeland Security; May 20, 2013,
5	5	reported adversely, with favorable Committee Substitute by the
6	6	following vote: Yeas 3, Nays 0; May 20, 2013, sent to printer.)
7	7	COMMITTEE SUBSTITUTE FOR H.B. No. 2150 By: Estes
8	8
9	9
10	10	A BILL TO BE ENTITLED
11	11	AN ACT
12	12	relating to exotic, nongame, and dangerous wild animals;
13	13	authorizing a fee.
14	14	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	15	SECTION 1. Section 822.001, Health and Safety Code, is
16	16	amended by adding Subdivision (3-a) to read as follows:
17	17	(3-a) "Department" means the Department of State
18	18	Health Services.
19	19	SECTION 2. Section 822.101, Health and Safety Code, is
20	20	amended by adding Subdivision (8) to read as follows:
21	21	(8) "Wildlife sanctuary" means a public charitable
22	22	organization that:
23	23	(A) is exempt from taxation under Section 501(a),
24	24	Internal Revenue Code of 1986, by being listed as an exempt
25	25	organization under Section 501(c)(3) of that code;
26	26	(B) is described by Section 170(b)(1)(A)(vi),
27	27	Internal Revenue Code of 1986;
28	28	(C) operates a place of refuge where an abused,
29	29	neglected, unwanted, impounded, abandoned, orphaned, or displaced
30	30	wild animal is:
31	31	(i) provided care for the animal's
32	32	lifetime;
33	33	(ii) transferred to another wildlife
34	34	sanctuary; or
35	35	(iii) released back to the animal's natural
36	36	habitat; and
37	37	(D) with respect to a wild animal owned by the
38	38	organization, does not:
39	39	(i) conduct any commercial activity; or
40	40	(ii) breed the animal.
41	41	SECTION 3. Section 822.102, Health and Safety Code, is
42	42	amended by amending Subsection (a) and adding Subsection (c) to
43	43	read as follows:
44	44	(a) Except as otherwise provided by Subsection (c), this
45	45	[This] subchapter does not apply to:
46	46	(1) a county, municipality, or agency of the state or
47	47	an agency of the United States or an agent or official of a county,
48	48	municipality, or agency acting in an official capacity;
49	49	(2) a research facility, as that term is defined by
50	50	Section 2(e), Animal Welfare Act (7 U.S.C. Section 2132), and its
51	51	subsequent amendments, that is licensed by the secretary of
52	52	agriculture of the United States under that Act;
53	53	(3) an organization that is an accredited member of
54	54	the [American Zoo and Aquarium] Association of Zoos and Aquariums;
55	55	(4) an injured, infirm, orphaned, or abandoned
56	56	dangerous wild animal while being transported for care or
57	57	treatment;
58	58	(5) a sick or [an] injured[, infirm, orphaned, or
59	59	abandoned] dangerous wild animal while being rehabilitated or[,]
60	60	treated[, or cared for] by and in the temporary possession of a
61	61	licensed veterinarian[, an incorporated humane society or animal
62	62	shelter,] or a person who holds a rehabilitation permit issued
63	63	under Subchapter C, Chapter 43, Parks and Wildlife Code, for the
64	64	animal being rehabilitated or treated;
65	65	(6) a dangerous wild animal owned by and in the custody
66	66	and control of a transient circus company that is not based in this
67	67	state if:
68	68	(A) the animal is used as an integral part of the
69	69	circus performances; and
70	70	(B) the animal is kept within this state only
71	71	during the time the circus is performing in this state or for a
72	72	period not to exceed 30 days while the circus is performing outside
73	73	the United States;
74	74	(7) a dangerous wild animal while in the temporary
75	75	custody or control of a television or motion picture production
76	76	company during the filming of a television or motion picture
77	77	production in this state;
78	78	(8) a dangerous wild animal owned by and in the
79	79	possession, custody, or control of a college or university solely
80	80	as a mascot for the college or university;
81	81	(9) a dangerous wild animal while being transported in
82	82	interstate commerce through the state in compliance with the Animal
83	83	Welfare Act (7 U.S.C. Section 2131 et seq.) and its subsequent
84	84	amendments and the regulations adopted under that Act;
85	85	(10) a nonhuman primate owned by and in the control and
86	86	custody of a person whose only business is supplying nonhuman
87	87	primates directly and exclusively to biomedical research
88	88	facilities and who holds a Class "A" or Class "B" dealer's license
89	89	issued by the secretary of agriculture of the United States under
90	90	the Animal Welfare Act (7 U.S.C. Section 2131 et seq.) and its
91	91	subsequent amendments;
92	92	(11) a dangerous wild animal that is:
93	93	(A) owned by or in the possession, control, or
94	94	custody of a person who is a participant in a species survival plan
95	95	of the [American Zoo and Aquarium] Association of Zoos and
96	96	Aquariums for that species; and
97	97	(B) an integral part of that species survival
98	98	plan; [and]
99	99	(12) in a county west of the Pecos River that has a
100	100	population of less than 25,000, a cougar, bobcat, or coyote in the
101	101	possession, custody, or control of a person that has trapped the
102	102	cougar, bobcat, or coyote as part of a predator or depredation
103	103	control activity;
104	104	(13) an organization that is an accredited member of
105	105	the Zoological Association of America; and
106	106	(14) a wildlife sanctuary that is verified or
107	107	accredited by:
108	108	(A) the Global Federation of Animal Sanctuaries;
109	109	(B) the American Sanctuary Association; or
110	110	(C) a successor nonprofit organization that is
111	111	similar to the Global Federation of Animal Sanctuaries or the
112	112	American Sanctuary Association and is designated by the Department
113	113	of State Health Services if the Global Federation of Animal
114	114	Sanctuaries or the American Sanctuary Association ceases to exist.
115	115	(c) Section 822.1025 applies to an organization described
116	116	by Subsection (a)(13) and a wildlife sanctuary described by
117	117	Subsection (a)(14).
118	118	SECTION 4. Subchapter E, Chapter 822, Health and Safety
119	119	Code, is amended by adding Section 822.1025 to read as follows:
120	120	Sec. 822.1025. DUTIES OF CERTAIN ENTITIES. (a) Not later
121	121	than December 31 of each year, an organization described by Section
122	122	822.102(a)(13) or a wildlife sanctuary described by Section
123	123	822.102(a)(14) shall provide to the animal registration agency and
124	124	the department an annual notification, on a form provided by the
125	125	department, that includes:
126	126	(1) the name, address, and telephone number of the
127	127	organization or sanctuary;
128	128	(2) a complete identification of each dangerous wild
129	129	animal in the custody and control of the organization or sanctuary,
130	130	including species, sex, and age, if known; and
131	131	(3) the exact location where each animal is to be kept.
132	132	(b) Not later than the 10th day after the date on which an
133	133	organization described by Section 822.102(a)(13) or a wildlife
134	134	sanctuary described by Section 822.102(a)(14) acquires a dangerous
135	135	wild animal, the organization or sanctuary shall provide to the
136	136	animal registration agency and the department an update to the
137	137	annual notification described by Subsection (a).
138	138	(c) The animal registration agency may establish and charge
139	139	reasonable fees for the notification under this section in order to
140	140	recover the costs associated with the administration and
141	141	enforcement of this section. The fee under this subsection may not
142	142	exceed $50 for each animal listed in the notice and may not exceed
143	143	$500, regardless of the number of animals listed in the notice.
144	144	(d) The department may charge a reasonable fee in an amount
145	145	sufficient to recover the costs associated with accepting and
146	146	processing a notification under this section.
147	147	(e) Sections 822.107 and 822.110 apply to an organization
148	148	described by Section 822.102(a)(13) or a wildlife sanctuary
149	149	described by Section 822.102(a)(14).
150	150	(f) An organization described by Section 822.102(a)(13) or
151	151	a wildlife sanctuary described by Section 822.102(a)(14) that
152	152	violates Subsections (a)-(d) is subject to Sections
153	153	822.113-822.115 as if the organization or sanctuary had violated
154	154	Section 822.103(a). An organization or sanctuary that violates
155	155	Subsection (e) is subject to Sections 822.113 and 822.115, as
156	156	applicable.
157	157	SECTION 5. Section 43.103(3), Parks and Wildlife Code, is
158	158	amended to read as follows:
159	159	(3) "Exotic animals" includes exotic livestock and
160	160	exotic fowl as defined by Section 161.001(a), Agriculture Code,
161	161	wild animals that are nonindigenous to Texas, and aoudad sheep[,
162	162	and elk].
163	163	SECTION 6. Section 62.015(a), Parks and Wildlife Code, is
164	164	amended to read as follows:
165	165	(a) In this section, "exotic animal" means exotic livestock
166	166	or exotic fowl as defined by Section 161.001(a), Agriculture Code,
167	167	and aoudad sheep[, or elk].
168	168	SECTION 7. Section 67.0011, Parks and Wildlife Code, is
169	169	amended to read as follows:
170	170	Sec. 67.0011. EXEMPTIONS [EXEMPTION OF CRAYFISH]. This
171	171	chapter does not apply to:
172	172	(1) crayfish, other than in public water; or
173	173	(2) elk.
174	174	SECTION 8. (a) Except as otherwise provided by Subsection
175	175	(b) of this section, each animal registration agency in this state
176	176	and the Department of State Health Services shall establish
177	177	procedures to comply with Section 822.1025, Health and Safety Code,
178	178	as added by this Act, not later than January 1, 2014.
179	179	(b) An animal registration agency is not required to
180	180	establish procedures under Subsection (a) of this section if the
181	181	municipality or county in which the agency is located prohibits the
182	182	ownership, possession, or confinement of dangerous wild animals as
183	183	defined by Section 822.101, Health and Safety Code.
184	184	(c) Sections 43.103, 62.015, and 67.0011, Parks and
185	185	Wildlife Code, as amended by this Act, apply only to an offense
186	186	committed on or after the effective date of this Act. An offense
187	187	committed before the effective date of this Act is covered by the
188	188	law in effect when the offense was committed, and the former law is
189	189	continued in effect for that purpose. For purposes of this section,
190	190	an offense was committed before the effective date of this Act if
191	191	any element of the offense was committed before that date.
192	192	SECTION 9. This Act takes effect immediately if it receives
193	193	a vote of two-thirds of all the members elected to each house, as
194	194	provided by Section 39, Article III, Texas Constitution. If this
195	195	Act does not receive the vote necessary for immediate effect, this
196	196	Act takes effect September 1, 2013.
197	197	* * * * *