| 1 | 1 | | By: Zaffirini S.B. No. 987 |
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| 2 | 2 | | (Isaac) |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the regulation of dangerous wild animals. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 822.102(a), Health and Safety Code, as |
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| 10 | 10 | | amended by S.B. No. 219, Acts of the 84th Legislature, Regular |
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| 11 | 11 | | Session, 2015, is amended to read as follows: |
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| 12 | 12 | | (a) This subchapter does not apply to: |
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| 13 | 13 | | (1) a county, municipality, or agency of the state or |
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| 14 | 14 | | an agency of the United States or an agent or official of a county, |
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| 15 | 15 | | municipality, or agency acting in an official capacity; |
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| 16 | 16 | | (2) a research facility, as that term is defined by |
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| 17 | 17 | | Section 2(e), Animal Welfare Act (7 U.S.C. Section 2132), and its |
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| 18 | 18 | | subsequent amendments, that is licensed by the secretary of |
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| 19 | 19 | | agriculture of the United States under that Act; |
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| 20 | 20 | | (3) an organization that is an accredited member of |
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| 21 | 21 | | the Association of Zoos and Aquariums; |
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| 22 | 22 | | (4) an injured, infirm, orphaned, or abandoned |
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| 23 | 23 | | dangerous wild animal while being transported for care or |
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| 24 | 24 | | treatment; |
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| 25 | 25 | | (5) an injured, infirm, orphaned, or abandoned |
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| 26 | 26 | | dangerous wild animal while being rehabilitated, treated, or cared |
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| 27 | 27 | | for by a licensed veterinarian, an incorporated humane society or |
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| 28 | 28 | | animal shelter, or a person who holds a rehabilitation permit |
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| 29 | 29 | | issued under Subchapter C, Chapter 43, Parks and Wildlife Code; |
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| 30 | 30 | | (6) a dangerous wild animal owned by and in the custody |
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| 31 | 31 | | and control of a transient circus company that is not based in this |
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| 32 | 32 | | state if: |
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| 33 | 33 | | (A) the animal is used as an integral part of the |
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| 34 | 34 | | circus performances; and |
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| 35 | 35 | | (B) the animal is kept within this state only |
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| 36 | 36 | | during the time the circus is performing in this state or for a |
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| 37 | 37 | | period not to exceed 30 days while the circus is performing outside |
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| 38 | 38 | | the United States; |
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| 39 | 39 | | (7) a dangerous wild animal while in the temporary |
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| 40 | 40 | | custody or control of a television or motion picture production |
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| 41 | 41 | | company during the filming of a television or motion picture |
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| 42 | 42 | | production in this state; |
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| 43 | 43 | | (8) a dangerous wild animal owned by and in the |
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| 44 | 44 | | possession, custody, or control of a college or university solely |
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| 45 | 45 | | as a mascot for the college or university; |
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| 46 | 46 | | (9) a dangerous wild animal while being transported in |
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| 47 | 47 | | interstate commerce through the state in compliance with the Animal |
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| 48 | 48 | | Welfare Act (7 U.S.C. Section 2131 et seq.) and its subsequent |
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| 49 | 49 | | amendments and the regulations adopted under that Act; |
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| 50 | 50 | | (10) a nonhuman primate owned by and in the control and |
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| 51 | 51 | | custody of a person whose only business is supplying nonhuman |
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| 52 | 52 | | primates directly and exclusively to biomedical research |
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| 53 | 53 | | facilities and who holds a Class "A" or Class "B" dealer's license |
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| 54 | 54 | | issued by the secretary of agriculture of the United States under |
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| 55 | 55 | | the Animal Welfare Act (7 U.S.C. Section 2131 et seq.) and its |
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| 56 | 56 | | subsequent amendments; |
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| 57 | 57 | | (11) a dangerous wild animal that is: |
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| 58 | 58 | | (A) owned by or in the possession, control, or |
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| 59 | 59 | | custody of a person who is a participant in a species survival plan |
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| 60 | 60 | | of the Association of Zoos and Aquariums for that species; and |
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| 61 | 61 | | (B) an integral part of that species survival |
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| 62 | 62 | | plan; [and] |
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| 63 | 63 | | (12) in a county west of the Pecos River that has a |
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| 64 | 64 | | population of less than 25,000, a cougar, bobcat, or coyote in the |
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| 65 | 65 | | possession, custody, or control of a person that has trapped the |
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| 66 | 66 | | cougar, bobcat, or coyote as part of a predator or depredation |
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| 67 | 67 | | control activity; and |
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| 68 | 68 | | (13) an organization that is an accredited member of |
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| 69 | 69 | | the Zoological Association of America. |
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| 70 | 70 | | SECTION 2. This Act takes effect immediately if it receives |
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| 71 | 71 | | a vote of two-thirds of all the members elected to each house, as |
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| 72 | 72 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 73 | 73 | | Act does not receive the vote necessary for immediate effect, this |
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| 74 | 74 | | Act takes effect September 1, 2015. |
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