Texas 2015 - 84th Regular

Texas House Bill HB3952 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R13301 LED-F
2	2	By: Guillen H.B. No. 3952
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to registration and regulation of dangerous wild animals;
8	8	providing penalties, creating and affecting criminal offenses, and
9	9	authorizing fees.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. The heading to Subchapter E, Chapter 822, Health
12	12	and Safety Code, is amended to read as follows:
13	13	SUBCHAPTER E. REGISTRATION AND REGULATION OF DANGEROUS WILD
14	14	ANIMALS
15	15	SECTION 2. Section 822.101, Health and Safety Code, is
16	16	amended by adding Subdivisions (1-a), (4-a), and (4-b) and amending
17	17	Subdivisions (4) and (5) to read as follows:
18	18	(1-a) "Animal control authority" means the county
19	19	sheriff's office of the county where a dangerous wild animal is
20	20	kept.
21	21	(4) "Dangerous wild animal" means:
22	22	(A) a lion;
23	23	(B) a tiger;
24	24	(C) [an ocelot;
25	25	[(D)] a cougar;
26	26	(D) [(E)] a leopard;
27	27	(E) [(F)] a cheetah;
28	28	(F) [(G)] a jaguar;
29	29	(G) [(H) a bobcat;
30	30	[(I) a lynx;
31	31	[(J) a serval;
32	32	[(K) a caracal;
33	33	[(L)] a hyena;
34	34	(H) [(M)] a bear;
35	35	(I) [(N) a coyote;
36	36	[(O) a jackal;
37	37	[(P)] a baboon;
38	38	(J) [(Q)] a chimpanzee;
39	39	(K) [(R)] an orangutan;
40	40	(L) [(S)] a gorilla; or
41	41	(M) [(T)] any hybrid of an animal listed in this
42	42	subdivision.
43	43	(4-a) "Department" means the Department of State
44	44	Health Services.
45	45	(4-b) "Executive commissioner" means the executive
46	46	commissioner of the Health and Human Services Commission.
47	47	(5) "Owner" means any person who owns, possesses,
48	48	harbors, or has custody or control of a dangerous wild 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; and
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) an injured, infirm, orphaned, or abandoned
65	65	dangerous wild animal while being rehabilitated, treated, or cared
66	66	for by a licensed veterinarian, an incorporated humane society or
67	67	animal shelter, or a person who holds a rehabilitation permit
68	68	issued under Subchapter C, Chapter 43, Parks and Wildlife Code;
69	69	[(6) a dangerous wild animal owned by and in the
70	70	custody and control of a transient circus company that is not based
71	71	in this state if:
72	72	[(A) the animal is used as an integral part of the
73	73	circus performances; and
74	74	[(B) the animal is kept within this state only
75	75	during the time the circus is performing in this state or for a
76	76	period not to exceed 30 days while the circus is performing outside
77	77	the United States;
78	78	[(7) a dangerous wild animal while in the temporary
79	79	custody or control of a television or motion picture production
80	80	company during the filming of a television or motion picture
81	81	production in this state;
82	82	[(8) a dangerous wild animal owned by and in the
83	83	possession, custody, or control of a college or university solely
84	84	as a mascot for the college or university;
85	85	[(9) a dangerous wild animal while being transported
86	86	in interstate commerce through the state in compliance with the
87	87	Animal Welfare Act (7 U.S.C. Section 2131 et seq.) and its
88	88	subsequent amendments and the regulations adopted under that Act;
89	89	[(10) a nonhuman primate owned by and in the control
90	90	and custody of a person whose only business is supplying nonhuman
91	91	primates directly and exclusively to biomedical research
92	92	facilities and who holds a Class "A" or Class "B" dealer's license
93	93	issued by the secretary of agriculture of the United States under
94	94	the Animal Welfare Act (7 U.S.C. Section 2131 et seq.) and its
95	95	subsequent amendments;
96	96	[(11) a dangerous wild animal that is:
97	97	[(A) owned by or in the possession, control, or
98	98	custody of a person who is a participant in a species survival plan
99	99	of the American Zoo and Aquarium Association for that species; and
100	100	[(B) an integral part of that species survival
101	101	plan; and
102	102	[(12) in a county west of the Pecos River that has a
103	103	population of less than 25,000, a cougar, bobcat, or coyote in the
104	104	possession, custody, or control of a person that has trapped the
105	105	cougar, bobcat, or coyote as part of a predator or depredation
106	106	control activity].
107	107	SECTION 4. Section 822.103, Health and Safety Code, is
108	108	amended by amending Subsections (a) and (c) and adding Subsection
109	109	(d) to read as follows:
110	110	(a) A person may not own, possess, harbor, or have custody
111	111	or control of a dangerous wild animal in this state for more than 30
112	112	days [for any purpose] unless the person holds a certificate of
113	113	registration for that animal issued by the department [an animal
114	114	registration agency].
115	115	(c) The executive commissioner by rule shall [animal
116	116	registration agency may] establish and the department may charge
117	117	reasonable fees for application, issuance, and renewal of a
118	118	certificate of registration in order to recover the costs
119	119	associated with the administration [and enforcement] of this
120	120	subchapter. [The fee charged to an applicant may not exceed $50 for
121	121	each animal registered and may not exceed $500 for each person
122	122	registering animals, regardless of the number of animals owned by
123	123	the person. The fees collected under this section may be used only
124	124	to administer and enforce this subchapter.]
125	125	(d) The executive commissioner by rule shall establish and
126	126	the animal control authority may charge reasonable fees for an
127	127	inspection, an investigation, or other enforcement action under
128	128	this subchapter. If department rules require the department to
129	129	inspect, investigate, and enforce under this chapter, the
130	130	department may charge fees for those actions.
131	131	SECTION 5. Sections 822.104(a) and (b), Health and Safety
132	132	Code, are amended to read as follows:
133	133	(a) An applicant for an original or renewal certificate of
134	134	registration for a dangerous wild animal must file an application
135	135	with the department [an animal registration agency] on a form
136	136	provided by the department [animal registration agency].
137	137	(b) The application must include:
138	138	(1) the name, address, and telephone number of the
139	139	applicant;
140	140	(2) a complete identification of each animal,
141	141	including species, sex, age, if known, and any distinguishing marks
142	142	or coloration that would aid in the identification of the animal;
143	143	(3) the exact location where each animal is to be kept;
144	144	(4) a sworn statement that:
145	145	(A) all information in the application is
146	146	complete and accurate; and
147	147	(B) the applicant has read this subchapter and
148	148	rules adopted under this subchapter and [that all facilities used
149	149	by] the applicant is in full compliance [to confine or enclose the
150	150	animal comply] with the requirements of this subchapter and rules
151	151	adopted under this subchapter; and
152	152	(5) any other information the department [animal
153	153	registration agency] may require.
154	154	SECTION 6. Sections 822.105(b) and (c), Health and Safety
155	155	Code, are amended to read as follows:
156	156	(b) If the department [animal registration agency] finds[,
157	157	after inspection,] that an applicant or a registered owner provided
158	158	false information in or in connection with the application or has
159	159	not complied with all requirements of this subchapter and rules
160	160	adopted under this subchapter, the department [animal registration
161	161	agency] shall deny the applicant a certificate of registration or
162	162	revoke the certificate of registration and give the applicant or
163	163	owner and the animal control authority written notice of the denial
164	164	or revocation and the reasons for the denial or revocation.
165	165	(c) A person may appeal the denial of an original or renewal
166	166	certificate of registration or the revocation of a certificate of
167	167	registration to a county [the justice] court or county court at law
168	168	in the county [for the precinct] in which the animal is located [or
169	169	the municipal court in the municipality in which the animal is
170	170	located] not later than the 15th day after the date the certificate
171	171	of registration is denied or revoked. [Either party may appeal the
172	172	decision of the justice or municipal court to a county court or
173	173	county court at law in the county in which the justice or municipal
174	174	court is located. The decision of the county court or county court
175	175	at law may not be appealed.]
176	176	SECTION 7. Subchapter E, Chapter 822, Health and Safety
177	177	Code, is amended by adding Section 822.1055 to read as follows:
178	178	Sec. 822.1055. DUTIES OF THE DEPARTMENT. (a) Not later
179	179	than the 10th day after the date the department issues an original
180	180	or renewal certificate of registration under this subchapter, the
181	181	department shall provide the applicable animal control authority
182	182	with a copy of the certificate of registration, the application,
183	183	and all other documentation submitted by the applicant. The
184	184	department shall establish a procedure for providing documents to
185	185	the animal control authority and may charge the applicant a
186	186	reasonable fee in an amount sufficient to recover the cost
187	187	associated with providing documents under this subsection.
188	188	(b) Not later than the 10th day after the date a certificate
189	189	of registration issued under this subchapter expires or is revoked,
190	190	the department shall notify the local animal control authority of
191	191	the expiration or revocation.
192	192	(c) The department shall create and maintain a public
193	193	information registry of all registered dangerous wild animals in
194	194	this state. The registry must include:
195	195	(1) the name, address, and phone number of each owner
196	196	of a dangerous wild animal who is issued a certificate of
197	197	registration, and if the owner is an organization, the name and
198	198	phone number of a contact individual for the organization;
199	199	(2) a description of each dangerous wild animal
200	200	registered in this state and listed by owner name;
201	201	(3) the identity and contact information for the
202	202	animal control authority with jurisdiction over the premises on
203	203	which the dangerous wild animal is kept; and
204	204	(4) any other information that the department
205	205	considers appropriate for the public's safety.
206	206	(d) If the executive commissioner by rule designates the
207	207	department as the sole enforcement agency under Section 822.111,
208	208	the department shall perform the applicable animal control
209	209	authority's enforcement and other duties under this subchapter and
210	210	the rules adopted under this subchapter.
211	211	SECTION 8. Section 822.108, Health and Safety Code, is
212	212	amended to read as follows:
213	213	Sec. 822.108. INSPECTION; COMPLAINTS. (a) An owner of a
214	214	dangerous wild animal, at all reasonable times, shall allow the
215	215	department, the animal control authority [registration agency, its
216	216	staff, its agents], or a designated licensed veterinarian to enter
217	217	the premises where the animal is kept and to inspect the animal, the
218	218	primary enclosure for the animal, and the owner's records relating
219	219	to the animal to ensure compliance with this subchapter and rules
220	220	adopted under this subchapter.
221	221	(b) The animal control authority shall investigate a
222	222	complaint alleging a violation of this subchapter not later than
223	223	the 10th day after the date the complaint is received by the animal
224	224	control authority unless department rules require the department to
225	225	investigate complaints under this subchapter.
226	226	SECTION 9. Section 822.109, Health and Safety Code, is
227	227	amended to read as follows:
228	228	Sec. 822.109. RELOCATION OR DISPOSITION OF ANIMAL. (a) An
229	229	owner of a dangerous wild animal may not permanently relocate the
230	230	animal unless the owner first notifies the department [animal
231	231	registration agency] in writing of the exact location to which the
232	232	animal will be relocated and provides the animal control authority
233	233	in [registration agency, with respect to] the new location a copy of
234	234	the owner's certificate of registration[, the information required
235	235	by Section 822.104]. The department shall notify the initial
236	236	animal control authority of the relocation.
237	237	(b) Within 10 days after the death, sale, or other
238	238	disposition of the animal, the owner of the animal shall notify the
239	239	department and the animal control authority [registration agency]
240	240	in writing of the death, sale, or other disposition.
241	241	SECTION 10. Sections 822.110(a), (b), and (d), Health and
242	242	Safety Code, are amended to read as follows:
243	243	(a) An owner of a dangerous wild animal shall immediately
244	244	notify the department and the animal control authority
245	245	[registration agency] of any attack of a human by the animal [within
246	246	48 hours of the attack]. An owner satisfies the notification
247	247	requirement of this subsection if the owner reports the attack to a
248	248	9-1-1 service.
249	249	(b) An owner of a dangerous wild animal shall immediately
250	250	notify the department, the animal control authority, [registration
251	251	agency] and the local law enforcement agencies [agency] of any
252	252	escape of the animal. An owner satisfies the notification
253	253	requirement of this subsection if the owner reports the escape to a
254	254	9-1-1 service.
255	255	(d) The department, an [An] animal control authority,
256	256	[registration agency], a law enforcement agency, or an employee of
257	257	the department, an animal control authority, [registration agency]
258	258	or a law enforcement agency is not liable to an owner of a dangerous
259	259	wild animal for damages arising in connection with the escape of a
260	260	dangerous wild animal, including liability for damage, injury, or
261	261	death caused by the animal during or after the animal's escape, or
262	262	for injury to or death of the animal as a result of apprehension or
263	263	confinement of the animal after escape.
264	264	SECTION 11. Section 822.111, Health and Safety Code, is
265	265	amended to read as follows:
266	266	Sec. 822.111. POWERS AND DUTIES OF EXECUTIVE COMMISSIONER
267	267	[BOARD]; CAGING AND CARE REQUIREMENTS AND STANDARDS. (a) The
268	268	executive commissioner [board] by rule shall establish caging and
269	269	care requirements and standards for the keeping and confinement of
270	270	a dangerous wild animal to ensure that the animal is kept in a
271	271	manner and confined in a primary enclosure that:
272	272	(1) protects and enhances the public's health and
273	273	safety;
274	274	(2) prevents escape by the animal; and
275	275	(3) provides a safe, healthy, and humane environment
276	276	for the animal.
277	277	(b) An owner of a dangerous wild animal shall keep, care
278	278	for, and confine the animal in accordance with the caging and care
279	279	requirements and standards established by the executive
280	280	commissioner [board].
281	281	(c) The department or an [An] animal control authority
282	282	[registration agency] may approve a deviation from the caging
283	283	requirements and standards established by the executive
284	284	commissioner [board], only if:
285	285	(1) the department or animal control authority
286	286	[registration agency] has good cause for the deviation; and
287	287	(2) the deviation:
288	288	(A) does not compromise the public's health and
289	289	safety;
290	290	(B) does not reduce the total area of the primary
291	291	enclosure below that established by the executive commissioner
292	292	[board]; and
293	293	(C) does not otherwise adversely affect the
294	294	overall health and welfare of the animal involved.
295	295	(d) Not later than the 10th day after the date on which an
296	296	animal control authority approves a deviation under Subsection (c)
297	297	for a dangerous wild animal, the animal's owner shall provide to the
298	298	department a written statement describing in detail the nature of
299	299	the deviation.
300	300	(e) The executive commissioner by rule may designate the
301	301	department as the sole agency responsible for enforcing this
302	302	subchapter and the rules adopted under this subchapter.
303	303	SECTION 12. Subchapter E, Chapter 822, Health and Safety
304	304	Code, is amended by adding Section 822.1115 to read as follows:
305	305	Sec. 822.1115. ADVISORY COMMITTEE. (a) The executive
306	306	commissioner may establish an advisory committee to advise the
307	307	executive commissioner and make recommendations on:
308	308	(1) the establishment of caging and care requirements
309	309	and standards under Section 822.111; and
310	310	(2) the administration and enforcement of this
311	311	chapter, including the imposition of fees for registrations,
312	312	inspections, investigations, and other enforcement actions.
313	313	(b) The advisory committee consists of nine members
314	314	appointed by the executive commissioner as follows:
315	315	(1) two members who represent national organizations
316	316	that accredit zoological facilities;
317	317	(2) two members who represent national organizations
318	318	that accredit wildlife sanctuaries;
319	319	(3) one member who is a veterinarian with knowledge
320	320	and experience in veterinary medicine involving dangerous wild
321	321	animals;
322	322	(4) two members who are agents or employees of an
323	323	animal control authority; and
324	324	(5) two members with animal conservation and rescue
325	325	experience who are private owners of dangerous wild animals.
326	326	(c) Members of the advisory committee serve staggered
327	327	four-year terms. The terms of four or five members expire on
328	328	February 1 of each odd-numbered year. If a vacancy occurs during a
329	329	member's term, the executive commissioner shall appoint a
330	330	replacement member to serve for the remainder of the unexpired term
331	331	in the manner provided by this section.
332	332	(d) The executive commissioner shall designate one member
333	333	of the advisory committee to serve as presiding officer of the
334	334	advisory committee for a two-year term. A member may serve more
335	335	than one term as presiding officer.
336	336	(e) The advisory committee shall meet at the call of the
337	337	presiding officer of the advisory committee or the executive
338	338	commissioner.
339	339	(f) An advisory committee member may not receive
340	340	compensation for service on the advisory committee. A member may be
341	341	reimbursed for the actual and necessary expenses incurred while
342	342	performing advisory committee duties in the manner provided by
343	343	Section 2110.004, Government Code.
344	344	(g) A decision of the advisory committee is effective only
345	345	on a majority vote of the members present.
346	346	(h) Chapter 2110, Government Code, does not apply to the
347	347	size, composition, or duration of the advisory committee or to the
348	348	appointment of the committee's presiding officer.
349	349	SECTION 13. Sections 822.112(a) and (b), Health and Safety
350	350	Code, are amended to read as follows:
351	351	(a) In addition to the rules established under this
352	352	subchapter [For each dangerous wild animal], the owner of a
353	353	dangerous wild animal shall comply with all applicable standards of
354	354	the Animal Welfare Act (7 U.S.C. Section 2131 et seq.) and its
355	355	subsequent amendments and the regulations adopted under that Act
356	356	relating to:
357	357	(1) facilities and operations;
358	358	(2) animal health and husbandry; and
359	359	(3) veterinary care.
360	360	(b) An owner of a dangerous wild animal shall maintain a
361	361	separate written log for each dangerous wild animal documenting the
362	362	animal's veterinary care and shall make the log available to the
363	363	department, an animal control authority, [registration agency] or
364	364	an [its] agent of the department or authority on request. The log
365	365	must:
366	366	(1) identify the animal treated;
367	367	(2) provide the date of treatment;
368	368	(3) describe the type or nature of treatment; and
369	369	(4) provide the name of the attending veterinarian, if
370	370	applicable.
371	371	SECTION 14. Section 822.113, Health and Safety Code, is
372	372	amended to read as follows:
373	373	Sec. 822.113. OFFENSE AND PENALTY. (a) A person commits an
374	374	offense if the person violates Section 822.103(a)[, Section
375	375	822.106, or Section 822.110(a) or (b). Each animal with respect to
376	376	which there is a violation and each day that a violation continues
377	377	is a separate offense].
378	378	(b) A person commits an offense if the person knowingly
379	379	sells or otherwise transfers ownership of a dangerous wild animal
380	380	to a person in this state who does not have a certificate of
381	381	registration for that animal as required by this subchapter.
382	382	(b-1) A person commits an offense if the person for any
383	383	purpose, including for the purpose of taking a photograph, allows a
384	384	member of the public to come into direct contact with or without a
385	385	protective barrier be in close proximity to a dangerous wild
386	386	animal.
387	387	(c) A first [An] offense under this section is a Class B [C]
388	388	misdemeanor. A subsequent offense under this section is a Class A
389	389	misdemeanor.
390	390	SECTION 15. Sections 822.114(b) and (c), Health and Safety
391	391	Code, are amended to read as follows:
392	392	(b) The department or the county or municipality in which
393	393	the violation occurs may sue to collect a civil penalty. A civil
394	394	penalty collected under this subsection may be retained by the
395	395	department, county, or municipality, as applicable.
396	396	(c) The department or the county or municipality in which
397	397	the violation occurs may also recover the reasonable costs of
398	398	investigation, reasonable attorney's fees, and reasonable expert
399	399	witness fees incurred [by the animal registration agency] in the
400	400	civil action. Costs or fees recovered under this subsection shall
401	401	be credited to the operating account from which payment for the
402	402	[animal registration agency's] expenditures was made.
403	403	SECTION 16. Section 822.115, Health and Safety Code, is
404	404	amended to read as follows:
405	405	Sec. 822.115. INJUNCTION. The county or municipality in
406	406	which a dangerous wild animal is located, the department, or a [Any]
407	407	person who resides in the county or municipality in which a
408	408	dangerous wild animal is located [is directly harmed or threatened
409	409	with harm by a violation of this subchapter or a failure to enforce
410	410	this subchapter] may sue an owner of a dangerous wild animal to
411	411	enjoin a violation of this subchapter or to enforce this
412	412	subchapter.
413	413	SECTION 17. The following provisions of the Health and
414	414	Safety Code are repealed:
415	415	(1) Sections 822.101(1), (2), and (3);
416	416	(2) Section 822.102(b);
417	417	(3) Sections 822.104(c) and (d);
418	418	(4) Section 822.105(a);
419	419	(5) Section 822.106(b); and
420	420	(6) Section 822.112(d).
421	421	SECTION 18. (a) Not later than March 1, 2016, the
422	422	executive commissioner of the Health and Human Services Commission
423	423	shall adopt rules, establish the fees, and prescribe the
424	424	application forms necessary to implement Subchapter E, Chapter 822,
425	425	Health and Safety Code, as amended by this Act.
426	426	(b) Notwithstanding Subchapter E, Chapter 822, Health and
427	427	Safety Code, as amended by this Act, an owner of a dangerous wild
428	428	animal is not required to comply with Subchapter E, Chapter 822,
429	429	Health and Safety Code, as amended by this Act, or rules adopted
430	430	under that subchapter until June 1, 2016.
431	431	SECTION 19. The changes in law made by this Act in amending
432	432	Section 822.113, Health and Safety Code, apply only to an offense
433	433	committed on or after the effective date of this Act. An offense
434	434	committed before the effective date of this Act is governed by the
435	435	law in effect on the date the offense was committed, and the former
436	436	law is continued in effect for that purpose. For purposes of this
437	437	section, an offense was committed before the effective date of this
438	438	Act if any element of the offense occurred before that date.
439	439	SECTION 20. (a) Except as provided by Subsection (b) of
440	440	this section, this Act takes effect January 1, 2016.
441	441	(b) Subchapter E, Chapter 822, Health and Safety Code, as
442	442	amended by this Act, takes effect March 1, 2016, except that
443	443	Subchapter E takes effect September 1, 2015, for the limited
444	444	purpose of allowing the executive commissioner of the Health and
445	445	Human Services Commission to adopt rules under that law that may
446	446	take effect before March 1, 2016.