Texas 2013 - 83rd Regular

Texas Senate Bill SB1395 Compare Versions

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1	1	83R27113 SCL-F
2	2	By: Estes, et al. S.B. No. 1395
3	3	(Larson)
4	4	Substitute the following for S.B. No. 1395: No.
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the regulation of dangerous wild animals.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 822.101, Health and Safety Code, is
12	12	amended by adding Subdivision (8) to read as follows:
13	13	(8) "Wildlife sanctuary" means a public charitable
14	14	organization that:
15	15	(A) is exempt from taxation under Section 501(a),
16	16	Internal Revenue Code of 1986, by being listed as an exempt
17	17	organization under Section 501(c)(3) of that code;
18	18	(B) is described by Section 170(b)(1)(A)(vi),
19	19	Internal Revenue Code of 1986;
20	20	(C) operates a place of refuge where an abused,
21	21	neglected, unwanted, impounded, abandoned, orphaned, or displaced
22	22	wild animal is:
23	23	(i) provided care for the animal's
24	24	lifetime;
25	25	(ii) transferred to another wildlife
26	26	sanctuary; or
27	27	(iii) released back to the animal's natural
28	28	habitat; and
29	29	(D) with respect to a wild animal owned by the
30	30	organization, does not:
31	31	(i) conduct any commercial activity; or
32	32	(ii) breed the animal.
33	33	SECTION 2. Section 822.102, Health and Safety Code, is
34	34	amended by amending Subsection (a) and adding Subsection (c) to
35	35	read as follows:
36	36	(a) Except as otherwise provided by Subsection (c), this
37	37	[This] subchapter does not apply to:
38	38	(1) a county, municipality, or agency of the state or
39	39	an agency of the United States or an agent or official of a county,
40	40	municipality, or agency acting in an official capacity;
41	41	(2) a research facility, as that term is defined by
42	42	Section 2(e), Animal Welfare Act (7 U.S.C. Section 2132), and its
43	43	subsequent amendments, that is licensed by the secretary of
44	44	agriculture of the United States under that Act;
45	45	(3) an organization that is an accredited member of
46	46	the [American Zoo and Aquarium] Association of Zoos and Aquariums;
47	47	(4) an injured, infirm, orphaned, or abandoned
48	48	dangerous wild animal while being transported for care or
49	49	treatment;
50	50	(5) a sick, [an] injured, infirm, orphaned, or
51	51	abandoned dangerous wild animal while being rehabilitated or[,]
52	52	treated[, or cared for] by and in the temporary possession of a
53	53	licensed veterinarian[, an incorporated humane society or animal
54	54	shelter,] or a person who holds a rehabilitation permit issued
55	55	under Subchapter C, Chapter 43, Parks and Wildlife Code, for the
56	56	animal being rehabilitated or treated;
57	57	(6) a dangerous wild animal owned by and in the custody
58	58	and control of a transient circus company that is not based in this
59	59	state if:
60	60	(A) the animal is used as an integral part of the
61	61	circus performances; and
62	62	(B) the animal is kept within this state only
63	63	during the time the circus is performing in this state or for a
64	64	period not to exceed 30 days while the circus is performing outside
65	65	the United States;
66	66	(7) a dangerous wild animal while in the temporary
67	67	custody or control of a television or motion picture production
68	68	company during the filming of a television or motion picture
69	69	production in this state;
70	70	(8) a dangerous wild animal owned by and in the
71	71	possession, custody, or control of a college or university solely
72	72	as a mascot for the college or university;
73	73	(9) a dangerous wild animal while being transported in
74	74	interstate commerce through the state in compliance with the Animal
75	75	Welfare Act (7 U.S.C. Section 2131 et seq.) and its subsequent
76	76	amendments and the regulations adopted under that Act;
77	77	(10) a nonhuman primate owned by and in the control and
78	78	custody of a person whose only business is supplying nonhuman
79	79	primates directly and exclusively to biomedical research
80	80	facilities and who holds a Class "A" or Class "B" dealer's license
81	81	issued by the secretary of agriculture of the United States under
82	82	the Animal Welfare Act (7 U.S.C. Section 2131 et seq.) and its
83	83	subsequent amendments;
84	84	(11) a dangerous wild animal that is:
85	85	(A) owned by or in the possession, control, or
86	86	custody of a person who is a participant in a species survival plan
87	87	of the [American Zoo and Aquarium] Association of Zoos and
88	88	Aquariums for that species; and
89	89	(B) an integral part of that species survival
90	90	plan; [and]
91	91	(12) in a county west of the Pecos River that has a
92	92	population of less than 25,000, a cougar, bobcat, or coyote in the
93	93	possession, custody, or control of a person that has trapped the
94	94	cougar, bobcat, or coyote as part of a predator or depredation
95	95	control activity;
96	96	(13) an organization that is an accredited member of
97	97	the Zoological Association of America; and
98	98	(14) a wildlife sanctuary that is verified or
99	99	accredited by:
100	100	(A) the Global Federation of Animal Sanctuaries;
101	101	(B) the American Sanctuary Association; or
102	102	(C) a successor nonprofit organization that is
103	103	similar to the Global Federation of Animal Sanctuaries or the
104	104	American Sanctuary Association and is designated by the Department
105	105	of State Health Services if the Global Federation of Animal
106	106	Sanctuaries or the American Sanctuary Association ceases to exist.
107	107	(c) Section 822.1025 applies to an organization described
108	108	by Subsection (a)(13) and a wildlife sanctuary described by
109	109	Subsection (a)(14).
110	110	SECTION 3. Subchapter E, Chapter 822, Health and Safety
111	111	Code, is amended by adding Section 822.1025 to read as follows:
112	112	Sec. 822.1025. DUTIES OF CERTAIN ENTITIES. (a) In this
113	113	section, "department" means the Department of State Health
114	114	Services.
115	115	(b) Not later than December 31 of each year, an organization
116	116	described by Section 822.102(a)(13) or a wildlife sanctuary
117	117	described by Section 822.102(a)(14) shall provide to the animal
118	118	registration agency and the department:
119	119	(1) an annual notification, on a form provided by the
120	120	department, that includes:
121	121	(A) the name, address, and telephone number of
122	122	the organization or sanctuary;
123	123	(B) a complete identification of each dangerous
124	124	wild animal in the custody and control of the organization or
125	125	sanctuary, including species, sex, and age, if known; and
126	126	(C) the exact location where each animal is to be
127	127	kept; and
128	128	(2) a written, notarized certification from the
129	129	organization or sanctuary that the organization or sanctuary holds
130	130	a current verification or accreditation and is complying with the
131	131	standards of the verification or accreditation organization for:
132	132	(A) possession and confinement of each dangerous
133	133	wild animal;
134	134	(B) facilities and operations;
135	135	(C) animal health and husbandry; and
136	136	(D) veterinary care.
137	137	(c) Not later than the 15th business day after the date on
138	138	which an organization described by Section 822.102(a)(13) or a
139	139	wildlife sanctuary described by Section 822.102(a)(14) acquires a
140	140	dangerous wild animal, the organization or sanctuary shall provide
141	141	to the animal registration agency and the department an update to
142	142	the annual notification described by Subsection (b)(1).
143	143	(d) The animal registration agency may establish and charge
144	144	a reasonable fee for the annual notification under this section to
145	145	recover the costs associated with the administration and
146	146	enforcement of this section. The fee under this subsection may not
147	147	exceed $50 for each animal listed in the annual notification and may
148	148	not exceed $500, regardless of the number of animals listed in the
149	149	annual notification.
150	150	(e) Sections 822.107 and 822.110 apply to an organization
151	151	described by Section 822.102(a)(13) or a wildlife sanctuary
152	152	described by Section 822.102(a)(14).
153	153	(f) An organization described by Section 822.102(a)(13) or
154	154	a wildlife sanctuary described by Section 822.102(a)(14) that:
155	155	(1) violates Subsections (b)-(d) is subject to
156	156	Sections 822.113-822.115 as if the organization or sanctuary had
157	157	violated Section 822.103(a); or
158	158	(2) violates Subsection (e) is subject to Sections
159	159	822.113 and 822.115, as applicable.
160	160	SECTION 4. (a) Except as otherwise provided by Subsection
161	161	(b) of this section, each animal registration agency in this state
162	162	and the Department of State Health Services shall establish
163	163	procedures to comply with Section 822.1025, Health and Safety Code,
164	164	as added by this Act, not later than December 1, 2013.
165	165	(b) An animal registration agency is not required to
166	166	establish procedures under Subsection (a) of this section if the
167	167	municipality or county in which the agency is located prohibits the
168	168	ownership, possession, or confinement of dangerous wild animals as
169	169	defined by Section 822.101, Health and Safety Code.
170	170	SECTION 5. This Act takes effect September 1, 2013.