83R27113 SCL-F
By: Estes, et al. S.B. No. 1395
(Larson)
Substitute the following for S.B. No. 1395: No.
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 822.101, Health and Safety Code, is
amended by adding Subdivision (8) to read as follows:
(8) "Wildlife sanctuary" means a public charitable
organization that:
(A) is exempt from taxation under Section 501(a),
Internal Revenue Code of 1986, by being listed as an exempt
organization under Section 501(c)(3) of that code;
(B) is described by Section 170(b)(1)(A)(vi),
Internal Revenue Code of 1986;
(C) operates a place of refuge where an abused,
neglected, unwanted, impounded, abandoned, orphaned, or displaced
wild animal is:
(i) provided care for the animal's
lifetime;
(ii) transferred to another wildlife
sanctuary; or
(iii) released back to the animal's natural
habitat; and
(D) with respect to a wild animal owned by the
organization, does not:
(i) conduct any commercial activity; or
(ii) breed the animal.
SECTION 2. Section 822.102, Health and Safety Code, is
amended by amending Subsection (a) and adding Subsection (c) to
read as follows:
(a) Except as otherwise provided by Subsection (c), this
[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 of Zoos and Aquariums;
(4) an injured, infirm, orphaned, or abandoned
dangerous wild animal while being transported for care or
treatment;
(5) a sick, [an] injured, infirm, orphaned, or
abandoned dangerous wild animal while being rehabilitated or[,]
treated[, or cared for] by and in the temporary possession of 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, for the
animal being rehabilitated or treated;
(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 of Zoos and
Aquariums 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
the Zoological Association of America; and
(14) a wildlife sanctuary that is verified or
accredited by:
(A) the Global Federation of Animal Sanctuaries;
(B) the American Sanctuary Association; or
(C) a successor nonprofit organization that is
similar to the Global Federation of Animal Sanctuaries or the
American Sanctuary Association and is designated by the Department
of State Health Services if the Global Federation of Animal
Sanctuaries or the American Sanctuary Association ceases to exist.
(c) Section 822.1025 applies to an organization described
by Subsection (a)(13) and a wildlife sanctuary described by
Subsection (a)(14).
SECTION 3. Subchapter E, Chapter 822, Health and Safety
Code, is amended by adding Section 822.1025 to read as follows:
Sec. 822.1025. DUTIES OF CERTAIN ENTITIES. (a) In this
section, "department" means the Department of State Health
Services.
(b) Not later than December 31 of each year, an organization
described by Section 822.102(a)(13) or a wildlife sanctuary
described by Section 822.102(a)(14) shall provide to the animal
registration agency and the department:
(1) an annual notification, on a form provided by the
department, that includes:
(A) the name, address, and telephone number of
the organization or sanctuary;
(B) a complete identification of each dangerous
wild animal in the custody and control of the organization or
sanctuary, including species, sex, and age, if known; and
(C) the exact location where each animal is to be
kept; and
(2) a written, notarized certification from the
organization or sanctuary that the organization or sanctuary holds
a current verification or accreditation and is complying with the
standards of the verification or accreditation organization for:
(A) possession and confinement of each dangerous
wild animal;
(B) facilities and operations;
(C) animal health and husbandry; and
(D) veterinary care.
(c) Not later than the 15th business day after the date on
which an organization described by Section 822.102(a)(13) or a
wildlife sanctuary described by Section 822.102(a)(14) acquires a
dangerous wild animal, the organization or sanctuary shall provide
to the animal registration agency and the department an update to
the annual notification described by Subsection (b)(1).
(d) The animal registration agency may establish and charge
a reasonable fee for the annual notification under this section to
recover the costs associated with the administration and
enforcement of this section. The fee under this subsection may not
exceed $50 for each animal listed in the annual notification and may
not exceed $500, regardless of the number of animals listed in the
annual notification.
(e) Sections 822.107 and 822.110 apply to an organization
described by Section 822.102(a)(13) or a wildlife sanctuary
described by Section 822.102(a)(14).
(f) An organization described by Section 822.102(a)(13) or
a wildlife sanctuary described by Section 822.102(a)(14) that:
(1) violates Subsections (b)-(d) is subject to
Sections 822.113-822.115 as if the organization or sanctuary had
violated Section 822.103(a); or
(2) violates Subsection (e) is subject to Sections
822.113 and 822.115, as applicable.
SECTION 4. (a) Except as otherwise provided by Subsection
(b) of this section, each animal registration agency in this state
and the Department of State Health Services shall establish
procedures to comply with Section 822.1025, Health and Safety Code,
as added by this Act, not later than December 1, 2013.
(b) An animal registration agency is not required to
establish procedures under Subsection (a) of this section if the
municipality or county in which the agency is located prohibits the
ownership, possession, or confinement of dangerous wild animals as
defined by Section 822.101, Health and Safety Code.
SECTION 5. This Act takes effect September 1, 2013.