Texas 2017 - 85th Regular

Texas House Bill HB2274 Compare Versions

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1	1	85R2201 LED-F
2	2	By: Guillen H.B. No. 2274
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 a criminal offense, and authorizing a
9	9	fee.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Chapter 822, Health and Safety Code, is amended
12	12	by adding Subchapter F to read as follows:
13	13	SUBCHAPTER F. REGULATION OF DANGEROUS WILD ANIMALS
14	14	Sec. 822.151. DEFINITIONS. In this subchapter:
15	15	(1) "Animal control authority" means the sheriff of a
16	16	county in which a dangerous wild animal is located.
17	17	(2) "Animal shelter" means a municipal or county
18	18	animal shelter or an animal shelter operated by a nonprofit
19	19	charitable organization established primarily to shelter and care
20	20	for stray and abandoned animals.
21	21	(3) "Dangerous wild animal" means:
22	22	(A) a baboon;
23	23	(B) a bear;
24	24	(C) a cheetah;
25	25	(D) a chimpanzee;
26	26	(E) a clouded leopard;
27	27	(F) a cougar;
28	28	(G) a gorilla;
29	29	(H) a jaguar;
30	30	(I) a leopard;
31	31	(J) a lion;
32	32	(K) an orangutan;
33	33	(L) a snow leopard;
34	34	(M) a tiger; or
35	35	(N) any hybrid or subspecies of an animal listed
36	36	in this subdivision.
37	37	(4) "Department" means the Department of State Health
38	38	Services.
39	39	(5) "Owner" means any person who owns, possesses,
40	40	harbors, or has custody or control of a dangerous wild animal.
41	41	(6) "Person" means an individual, partnership,
42	42	corporation, trust, estate, joint stock company, foundation, or
43	43	association of individuals.
44	44	(7) "Wildlife sanctuary" means a charitable
45	45	organization that is exempt from taxation under Section 501(c)(3),
46	46	Internal Revenue Code of 1986, that is described by Section
47	47	170(b)(1)(A)(vi), Internal Revenue Code of 1986, and that:
48	48	(A) operates a place of refuge where an abused,
49	49	neglected, unwanted, impounded, abandoned, orphaned, or displaced
50	50	wild animal is provided care for the animal's lifetime; and
51	51	(B) with respect to a dangerous wild animal owned
52	52	by or in the custody or control of the organization, does not:
53	53	(i) conduct a commercial activity,
54	54	including the sale, trade, auction, lease, or loan of the animal or
55	55	parts of the animal, or use the animal in any manner in a for-profit
56	56	business or operation;
57	57	(ii) breed the animal;
58	58	(iii) allow direct contact between the
59	59	public and the animal; or
60	60	(iv) allow off-site transportation and
61	61	display of the animal.
62	62	Sec. 822.152. APPLICABILITY. This subchapter does not
63	63	apply to:
64	64	(1) a county, municipality, or agency of this state,
65	65	an agency of the United States, or an agent or official of a county,
66	66	municipality, or agency acting in the agent's or official's
67	67	official capacity;
68	68	(2) a research facility, as defined by Section 2(e),
69	69	Animal Welfare Act (7 U.S.C. Section 2132(e)), that is licensed by
70	70	the secretary of the United States Department of Agriculture under
71	71	that Act;
72	72	(3) a person holding a Class "A", Class "B", or Class
73	73	"C" license issued by the United States secretary of agriculture
74	74	under the Animal Welfare Act (7 U.S.C. Section 2131 et seq.);
75	75	(4) a wildlife sanctuary;
76	76	(5) a veterinary hospital providing treatment to a
77	77	dangerous wild animal;
78	78	(6) a person who holds a rehabilitation permit issued
79	79	under Subchapter C, Chapter 43, Parks and Wildlife Code, while
80	80	rehabilitating the dangerous wild animal;
81	81	(7) a college or university that began displaying a
82	82	dangerous wild animal as a mascot before September 1, 2017, and does
83	83	not allow direct contact between the public and the mascot;
84	84	(8) an animal shelter temporarily housing a dangerous
85	85	wild animal seized under Section 822.155 or the written request of
86	86	an animal control authority or a law enforcement agency acting
87	87	under this subchapter; or
88	88	(9) an owner lawfully in possession of a dangerous
89	89	wild animal before September 1, 2017, if the owner:
90	90	(A) has veterinary records, acquisition papers,
91	91	or other documents or records that establish ownership of the
92	92	dangerous wild animal before September 1, 2017;
93	93	(B) has not been convicted of an offense
94	94	involving cruelty to an animal;
95	95	(C) has not had a license or permit relating to
96	96	the care, possession, exhibition, breeding, or sale of a dangerous
97	97	wild animal revoked or suspended by any local, state, or federal
98	98	agency;
99	99	(D) has developed and is prepared to implement an
100	100	emergency plan for responding to the escape of or an attack by the
101	101	dangerous wild animal and has provided the plan to the department
102	102	and animal control authority at the time the owner registers the
103	103	animal under Section 822.154;
104	104	(E) has provided a list of the owner's dangerous
105	105	wild animals to the department and animal control authority;
106	106	(F) does not acquire by any means, including
107	107	through purchase, donation, or breeding, an additional dangerous
108	108	wild animal on or after September 1, 2017;
109	109	(G) does not allow direct contact between the
110	110	public and the dangerous wild animal; and
111	111	(H) registers the dangerous wild animal with the
112	112	department as required by Section 822.154.
113	113	Sec. 822.153. DANGEROUS WILD ANIMALS PROHIBITED. Except as
114	114	provided by Section 822.152, a person may not own, possess, harbor,
115	115	or have custody or control of a dangerous wild animal.
116	116	Sec. 822.154. REGISTRATION; FEE. (a) An owner described by
117	117	Section 822.152(9) shall annually register the owner's dangerous
118	118	wild animal with the department on a form provided by the department
119	119	and pay the registration fee established by the department.
120	120	(b) The department may establish and charge a reasonable
121	121	registration fee in an amount sufficient to cover the cost of
122	122	administering this subchapter.
123	123	Sec. 822.155. SEIZURE OF DANGEROUS WILD ANIMAL; HEARING.
124	124	(a) On a showing of probable cause that a dangerous wild animal is
125	125	owned, possessed, harbored, held in custody, or controlled in
126	126	violation of this subchapter, a justice court, county court, or
127	127	county court at law in the county in which the dangerous wild animal
128	128	is located shall:
129	129	(1) order an animal control authority or a peace
130	130	officer located in the county to seize the dangerous wild animal;
131	131	(2) issue a warrant authorizing the animal's seizure;
132	132	and
133	133	(3) schedule a hearing to be held on a date not later
134	134	than the 10th day after the date the warrant is issued to determine:
135	135	(A) whether a violation of this subchapter
136	136	occurred; and
137	137	(B) the final disposition of the dangerous wild
138	138	animal.
139	139	(b) The person executing a warrant described by Subsection
140	140	(a)(2) shall serve written notice of the hearing described by
141	141	Subsection (a)(3) to the owner of the dangerous wild animal at the
142	142	time the warrant is executed.
143	143	(c) The animal control authority or peace officer shall
144	144	seize the dangerous wild animal and provide for the impoundment of
145	145	the animal in secure and humane conditions until a court determines
146	146	the disposition of the animal and issues appropriate orders. This
147	147	subsection does not prevent an animal control authority or peace
148	148	officer from impounding an animal on the property in which the
149	149	animal is located at the time of the seizure.
150	150	(d) A court on finding that a violation of this subchapter
151	151	occurred shall assess against the owner of a seized dangerous wild
152	152	animal the reasonable costs of caring for the animal, including
153	153	boarding and veterinary costs.
154	154	(e) A court's decision under this section is final and may
155	155	not be appealed.
156	156	Sec. 822.156. DISPOSITION OF CERTAIN DANGEROUS WILD
157	157	ANIMALS. (a) If a court finds that a person has kept a dangerous
158	158	wild animal in violation of this subchapter, the court shall divest
159	159	the person's ownership of the animal and order ownership of the
160	160	animal to vest in the animal control authority.
161	161	(b) The animal control authority shall make a reasonable
162	162	effort to place the animal in the custody of a wildlife sanctuary or
163	163	other facility that is willing and able to take custody of the
164	164	animal. If the animal control authority is unable to place the
165	165	animal with a wildlife sanctuary or other facility, the animal
166	166	control authority may humanely euthanize the animal in compliance
167	167	with state and federal law.
168	168	Sec. 822.157. CIVIL PENALTY. (a) A person who violates
169	169	this subchapter is liable to the county in which the violation
170	170	occurs for a civil penalty of not less than $200 and not more than
171	171	$2,000 for each animal with respect to which there is a violation
172	172	and for each day that the violation continues.
173	173	(b) A county in which the violation occurs may sue to
174	174	collect a civil penalty under this section. A civil penalty
175	175	collected under this subsection may be retained by the county.
176	176	(c) A county that sues under Subsection (b) may also recover
177	177	the reasonable costs of investigation, reasonable attorney's fees,
178	178	and other costs incurred by the county or an animal control
179	179	authority.
180	180	Sec. 822.158. INJUNCTION. A county in which a dangerous
181	181	wild animal is located or a person who is harmed or threatened with
182	182	harm by a violation of this subchapter may sue an owner of a
183	183	dangerous wild animal to enjoin a violation of this subchapter.
184	184	Sec. 822.159. OFFENSE; PENALTY. (a) A person commits an
185	185	offense if the person violates this subchapter. Each animal with
186	186	respect to which there is a violation and each day that a violation
187	187	continues is a separate offense.
188	188	(b) An offense under this section is a Class A misdemeanor.
189	189	SECTION 2. Section 42.01(e), Penal Code, is amended to read
190	190	as follows:
191	191	(e) It is a defense to prosecution for an offense under
192	192	Subsection (a)(7) or (9) that the person who discharged the firearm
193	193	had a reasonable fear of bodily injury to the person or to another
194	194	by a dangerous wild animal as defined by Section 822.151 [822.101],
195	195	Health and Safety Code.
196	196	SECTION 3. Section 42.092(d), Penal Code, is amended to
197	197	read as follows:
198	198	(d) It is a defense to prosecution under this section that:
199	199	(1) the actor had a reasonable fear of bodily injury to
200	200	the actor or to another person by a dangerous wild animal as defined
201	201	by Section 822.151 [822.101], Health and Safety Code; or
202	202	(2) the actor was engaged in bona fide experimentation
203	203	for scientific research.
204	204	SECTION 4. On January 1, 2018, Subchapter E, Chapter 822,
205	205	Health and Safety Code, is repealed.
206	206	SECTION 5. (a) Section 822.113, Health and Safety Code, as
207	207	repealed by this Act, applies only to an offense committed before
208	208	September 1, 2017. An offense committed before that date is
209	209	governed by the law in effect on the date the offense was committed,
210	210	and the former law is continued in effect for that purpose. For
211	211	purposes of this subsection, an offense was committed before that
212	212	date if any element of the offense occurred before that date.
213	213	(b) Section 822.159, Health and Safety Code, as added by
214	214	this Act, applies only to an offense committed on or after the
215	215	effective date of this Act. An offense committed before the
216	216	effective date of this Act is governed by the law in effect on the
217	217	date the offense was committed, and the former law is continued in
218	218	effect for that purpose. For purposes of this section, an offense
219	219	was committed before the effective date of this Act if any element
220	220	of the offense occurred before that date.
221	221	(c) Not later than November 1, 2017, the executive
222	222	commissioner of the Health and Human Services Commission shall
223	223	adopt rules, establish the fees, and prescribe the application form
224	224	necessary to implement Subchapter F, Chapter 822, Health and Safety
225	225	Code, as added by this Act.
226	226	(d) Notwithstanding Subchapter F, Chapter 822, Health and
227	227	Safety Code, as added by this Act, an owner of a dangerous wild
228	228	animal is not required to comply with Subchapter F, Chapter 822,
229	229	Health and Safety Code, as added by this Act, or rules adopted under
230	230	that subchapter until January 1, 2018.
231	231	SECTION 6. This Act takes effect September 1, 2017.