84R13301 LED-F
By: Guillen H.B. No. 3952
A BILL TO BE ENTITLED
AN ACT
relating to registration and regulation of dangerous wild animals;
providing penalties, creating and affecting criminal offenses, and
authorizing fees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Subchapter E, Chapter 822, Health
and Safety Code, is amended to read as follows:
SUBCHAPTER E. REGISTRATION AND REGULATION OF DANGEROUS WILD
ANIMALS
SECTION 2. Section 822.101, Health and Safety Code, is
amended by adding Subdivisions (1-a), (4-a), and (4-b) and amending
Subdivisions (4) and (5) to read as follows:
(1-a) "Animal control authority" means the county
sheriff's office of the county where a dangerous wild animal is
kept.
(4) "Dangerous wild animal" means:
(A) a lion;
(B) a tiger;
(C) [an ocelot;
[(D)] a cougar;
(D) [(E)] a leopard;
(E) [(F)] a cheetah;
(F) [(G)] a jaguar;
(G) [(H) a bobcat;
[(I) a lynx;
[(J) a serval;
[(K) a caracal;
[(L)] a hyena;
(H) [(M)] a bear;
(I) [(N) a coyote;
[(O) a jackal;
[(P)] a baboon;
(J) [(Q)] a chimpanzee;
(K) [(R)] an orangutan;
(L) [(S)] a gorilla; or
(M) [(T)] any hybrid of an animal listed in this
subdivision.
(4-a) "Department" means the Department of State
Health Services.
(4-b) "Executive commissioner" means the executive
commissioner of the Health and Human Services Commission.
(5) "Owner" means any person who owns, possesses,
harbors, or has custody or control of a dangerous wild animal.
SECTION 3. 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; and
(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].
SECTION 4. Section 822.103, Health and Safety Code, is
amended by amending Subsections (a) and (c) and adding Subsection
(d) to read as follows:
(a) A person may not own, possess, harbor, or have custody
or control of a dangerous wild animal in this state for more than 30
days [for any purpose] unless the person holds a certificate of
registration for that animal issued by the department [an animal
registration agency].
(c) The executive commissioner by rule shall [animal
registration agency may] establish and the department may 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 animal registered and may not exceed $500 for each person
registering animals, regardless of the number of animals owned by
the person. The fees collected under this section may be used only
to administer and enforce this subchapter.]
(d) The executive commissioner by rule shall establish and
the animal control authority may charge reasonable fees for an
inspection, an investigation, or other enforcement action under
this subchapter. If department rules require the department to
inspect, investigate, and enforce under this chapter, the
department may charge fees for those actions.
SECTION 5. Sections 822.104(a) and (b), Health and Safety
Code, are amended to read as follows:
(a) An applicant for an original or renewal certificate of
registration for a dangerous wild animal must file an application
with the department [an animal registration agency] on a form
provided by the department [animal registration agency].
(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
rules adopted under this subchapter and [that all facilities used
by] the applicant is in full compliance [to confine or enclose the
animal comply] with the requirements of this subchapter and rules
adopted under this subchapter; and
(5) any other information the department [animal
registration agency] may require.
SECTION 6. Sections 822.105(b) and (c), Health and Safety
Code, are amended to read as follows:
(b) If the department [animal registration agency] finds[,
after inspection,] that an applicant or a registered owner provided
false information in or in connection with the application or has
not complied with all requirements of this subchapter and rules
adopted under this subchapter, the department [animal registration
agency] shall deny the applicant a certificate of registration or
revoke the certificate of registration and give the applicant or
owner and the animal control authority written notice of the denial
or revocation and the reasons for the denial or revocation.
(c) A person may appeal the denial of an original or renewal
certificate of registration or the revocation of a certificate of
registration to a county [the justice] court or county court at law
in the county [for the precinct] in which the animal is located [or
the municipal court in the municipality in which the animal is
located] not later than the 15th day after the date the certificate
of registration is denied or revoked. [Either party may appeal the
decision of the justice or municipal court to a county court or
county court at law in the county in which the justice or municipal
court is located. The decision of the county court or county court
at law may not be appealed.]
SECTION 7. Subchapter E, Chapter 822, Health and Safety
Code, is amended by adding Section 822.1055 to read as follows:
Sec. 822.1055. DUTIES OF THE DEPARTMENT. (a) Not later
than the 10th day after the date the department issues an original
or renewal certificate of registration under this subchapter, the
department shall provide the applicable animal control authority
with a copy of the certificate of registration, the application,
and all other documentation submitted by the applicant. The
department shall establish a procedure for providing documents to
the animal control authority and may charge the applicant a
reasonable fee in an amount sufficient to recover the cost
associated with providing documents under this subsection.
(b) Not later than the 10th day after the date a certificate
of registration issued under this subchapter expires or is revoked,
the department shall notify the local animal control authority of
the expiration or revocation.
(c) The department shall create and maintain a public
information registry of all registered dangerous wild animals in
this state. The registry must include:
(1) the name, address, and phone number of each owner
of a dangerous wild animal who is issued a certificate of
registration, and if the owner is an organization, the name and
phone number of a contact individual for the organization;
(2) a description of each dangerous wild animal
registered in this state and listed by owner name;
(3) the identity and contact information for the
animal control authority with jurisdiction over the premises on
which the dangerous wild animal is kept; and
(4) any other information that the department
considers appropriate for the public's safety.
(d) If the executive commissioner by rule designates the
department as the sole enforcement agency under Section 822.111,
the department shall perform the applicable animal control
authority's enforcement and other duties under this subchapter and
the rules adopted under this subchapter.
SECTION 8. Section 822.108, Health and Safety Code, is
amended to read as follows:
Sec. 822.108. INSPECTION; COMPLAINTS. (a) An owner of a
dangerous wild animal, at all reasonable times, shall allow the
department, the animal control authority [registration agency, its
staff, its agents], or a designated licensed veterinarian to enter
the premises where the animal is kept and to inspect the animal, the
primary enclosure for the animal, and the owner's records relating
to the animal to ensure compliance with this subchapter and rules
adopted under this subchapter.
(b) The animal control authority shall investigate a
complaint alleging a violation of this subchapter not later than
the 10th day after the date the complaint is received by the animal
control authority unless department rules require the department to
investigate complaints under this subchapter.
SECTION 9. Section 822.109, Health and Safety Code, is
amended to read as follows:
Sec. 822.109. RELOCATION OR DISPOSITION OF ANIMAL. (a) An
owner of a dangerous wild animal may not permanently relocate the
animal unless the owner first notifies the department [animal
registration agency] in writing of the exact location to which the
animal will be relocated and provides the animal control authority
in [registration agency, with respect to] the new location a copy of
the owner's certificate of registration[, the information required
by Section 822.104]. The department shall notify the initial
animal control authority of the relocation.
(b) Within 10 days after the death, sale, or other
disposition of the animal, the owner of the animal shall notify the
department and the animal control authority [registration agency]
in writing of the death, sale, or other disposition.
SECTION 10. Sections 822.110(a), (b), and (d), Health and
Safety Code, are amended to read as follows:
(a) An owner of a dangerous wild animal shall immediately
notify the department and the animal control authority
[registration agency] of any attack of a human by the animal [within
48 hours of the attack]. An owner satisfies the notification
requirement of this subsection if the owner reports the attack to a
9-1-1 service.
(b) An owner of a dangerous wild animal shall immediately
notify the department, the animal control authority, [registration
agency] and the local law enforcement agencies [agency] of any
escape of the animal. An owner satisfies the notification
requirement of this subsection if the owner reports the escape to a
9-1-1 service.
(d) The department, an [An] animal control authority,
[registration agency], a law enforcement agency, or an employee of
the department, an animal control authority, [registration agency]
or a law enforcement agency is not liable to an owner of a dangerous
wild animal for damages arising in connection with the escape of a
dangerous wild animal, including liability for damage, injury, or
death caused by the animal during or after the animal's escape, or
for injury to or death of the animal as a result of apprehension or
confinement of the animal after escape.
SECTION 11. Section 822.111, Health and Safety Code, is
amended to read as follows:
Sec. 822.111. POWERS AND DUTIES OF EXECUTIVE COMMISSIONER
[BOARD]; CAGING AND CARE REQUIREMENTS AND STANDARDS. (a) The
executive commissioner [board] by rule shall establish caging and
care requirements and standards for the keeping and confinement of
a dangerous wild animal to ensure that the animal is kept in a
manner and confined in a primary enclosure that:
(1) protects and enhances the public's health and
safety;
(2) prevents escape by the animal; and
(3) provides a safe, healthy, and humane environment
for the animal.
(b) An owner of a dangerous wild animal shall keep, care
for, and confine the animal in accordance with the caging and care
requirements and standards established by the executive
commissioner [board].
(c) The department or an [An] animal control authority
[registration agency] may approve a deviation from the caging
requirements and standards established by the executive
commissioner [board], only if:
(1) the department or animal control authority
[registration agency] has good cause for the deviation; and
(2) the deviation:
(A) does not compromise the public's health and
safety;
(B) does not reduce the total area of the primary
enclosure below that established by the executive commissioner
[board]; and
(C) does not otherwise adversely affect the
overall health and welfare of the animal involved.
(d) Not later than the 10th day after the date on which an
animal control authority approves a deviation under Subsection (c)
for a dangerous wild animal, the animal's owner shall provide to the
department a written statement describing in detail the nature of
the deviation.
(e) The executive commissioner by rule may designate the
department as the sole agency responsible for enforcing this
subchapter and the rules adopted under this subchapter.
SECTION 12. Subchapter E, Chapter 822, Health and Safety
Code, is amended by adding Section 822.1115 to read as follows:
Sec. 822.1115. ADVISORY COMMITTEE. (a) The executive
commissioner may establish an advisory committee to advise the
executive commissioner and make recommendations on:
(1) the establishment of caging and care requirements
and standards under Section 822.111; and
(2) the administration and enforcement of this
chapter, including the imposition of fees for registrations,
inspections, investigations, and other enforcement actions.
(b) The advisory committee consists of nine members
appointed by the executive commissioner as follows:
(1) two members who represent national organizations
that accredit zoological facilities;
(2) two members who represent national organizations
that accredit wildlife sanctuaries;
(3) one member who is a veterinarian with knowledge
and experience in veterinary medicine involving dangerous wild
animals;
(4) two members who are agents or employees of an
animal control authority; and
(5) two members with animal conservation and rescue
experience who are private owners of dangerous wild animals.
(c) Members of the advisory committee serve staggered
four-year terms. The terms of four or five members expire on
February 1 of each odd-numbered year. If a vacancy occurs during a
member's term, the executive commissioner shall appoint a
replacement member to serve for the remainder of the unexpired term
in the manner provided by this section.
(d) The executive commissioner shall designate one member
of the advisory committee to serve as presiding officer of the
advisory committee for a two-year term. A member may serve more
than one term as presiding officer.
(e) The advisory committee shall meet at the call of the
presiding officer of the advisory committee or the executive
commissioner.
(f) An advisory committee member may not receive
compensation for service on the advisory committee. A member may be
reimbursed for the actual and necessary expenses incurred while
performing advisory committee duties in the manner provided by
Section 2110.004, Government Code.
(g) A decision of the advisory committee is effective only
on a majority vote of the members present.
(h) Chapter 2110, Government Code, does not apply to the
size, composition, or duration of the advisory committee or to the
appointment of the committee's presiding officer.
SECTION 13. Sections 822.112(a) and (b), Health and Safety
Code, are amended to read as follows:
(a) In addition to the rules established under this
subchapter [For each dangerous wild animal], the owner of a
dangerous wild animal shall comply with all applicable standards of
the Animal Welfare Act (7 U.S.C. Section 2131 et seq.) and its
subsequent amendments and the regulations adopted under that Act
relating to:
(1) facilities and operations;
(2) animal health and husbandry; and
(3) veterinary care.
(b) An owner of a dangerous wild animal shall maintain a
separate written log for each dangerous wild animal documenting the
animal's veterinary care and shall make the log available to the
department, an animal control authority, [registration agency] or
an [its] agent of the department or authority on request. The log
must:
(1) identify the animal treated;
(2) provide the date of treatment;
(3) describe the type or nature of treatment; and
(4) provide the name of the attending veterinarian, if
applicable.
SECTION 14. Section 822.113, Health and Safety Code, is
amended to read as follows:
Sec. 822.113. OFFENSE AND PENALTY. (a) A person commits an
offense if the person violates Section 822.103(a)[, Section
822.106, or Section 822.110(a) or (b). Each animal with respect to
which there is a violation and each day that a violation continues
is a separate offense].
(b) A person commits an offense if the person knowingly
sells or otherwise transfers ownership of a dangerous wild animal
to a person in this state who does not have a certificate of
registration for that animal as required by this subchapter.
(b-1) A person commits an offense if the person for any
purpose, including for the purpose of taking a photograph, allows a
member of the public to come into direct contact with or without a
protective barrier be in close proximity to a dangerous wild
animal.
(c) A first [An] offense under this section is a Class B [C]
misdemeanor. A subsequent offense under this section is a Class A
misdemeanor.
SECTION 15. Sections 822.114(b) and (c), Health and Safety
Code, are amended to read as follows:
(b) The department or the county or municipality in which
the violation occurs may sue to collect a civil penalty. A civil
penalty collected under this subsection may be retained by the
department, county, or municipality, as applicable.
(c) The department or the county or municipality in which
the violation occurs may also recover the reasonable costs of
investigation, reasonable attorney's fees, and reasonable expert
witness fees incurred [by the animal registration agency] in the
civil action. Costs or fees recovered under this subsection shall
be credited to the operating account from which payment for the
[animal registration agency's] expenditures was made.
SECTION 16. Section 822.115, Health and Safety Code, is
amended to read as follows:
Sec. 822.115. INJUNCTION. The county or municipality in
which a dangerous wild animal is located, the department, or a [Any]
person who resides in the county or municipality in which a
dangerous wild animal is located [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.
SECTION 17. The following provisions of the Health and
Safety Code are repealed:
(1) Sections 822.101(1), (2), and (3);
(2) Section 822.102(b);
(3) Sections 822.104(c) and (d);
(4) Section 822.105(a);
(5) Section 822.106(b); and
(6) Section 822.112(d).
SECTION 18. (a) Not later than March 1, 2016, the
executive commissioner of the Health and Human Services Commission
shall adopt rules, establish the fees, and prescribe the
application forms necessary to implement Subchapter E, Chapter 822,
Health and Safety Code, as amended by this Act.
(b) Notwithstanding Subchapter E, Chapter 822, Health and
Safety Code, as amended by this Act, an owner of a dangerous wild
animal is not required to comply with Subchapter E, Chapter 822,
Health and Safety Code, as amended by this Act, or rules adopted
under that subchapter until June 1, 2016.
SECTION 19. The changes in law made by this Act in amending
Section 822.113, Health and Safety Code, apply 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
section, an offense was committed before the effective date of this
Act if any element of the offense occurred before that date.
SECTION 20. (a) Except as provided by Subsection (b) of
this section, this Act takes effect January 1, 2016.
(b) Subchapter E, Chapter 822, Health and Safety Code, as
amended by this Act, takes effect March 1, 2016, except that
Subchapter E takes effect September 1, 2015, for the limited
purpose of allowing the executive commissioner of the Health and
Human Services Commission to adopt rules under that law that may
take effect before March 1, 2016.