Texas 2019 - 86th Regular

Texas House Bill HB1268 Compare Versions

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

Old	New	Differences
1	1	86R6263 SCL-F
2	2	By: Lucio III H.B. No. 1268
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to dangerous wild animals; providing penalties; creating a
8	8	criminal offense; authorizing a fee.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 822, Health and Safety Code, is amended
11	11	by adding Subchapter F to read as follows:
12	12	SUBCHAPTER F. REGULATION OF DANGEROUS WILD ANIMALS
13	13	Sec. 822.151. DEFINITIONS. In this subchapter:
14	14	(1) "Animal control authority" means the sheriff of a
15	15	county in which a dangerous wild animal is located.
16	16	(2) "Animal shelter" means a municipal or county
17	17	animal shelter or an animal shelter operated by a nonprofit
18	18	charitable organization established primarily to shelter and care
19	19	for stray and abandoned animals.
20	20	(3) "Commission" means the Health and Human Services
21	21	Commission.
22	22	(4) "Dangerous wild animal" means:
23	23	(A) a baboon;
24	24	(B) a bear;
25	25	(C) a cheetah;
26	26	(D) a chimpanzee;
27	27	(E) a clouded leopard;
28	28	(F) a cougar;
29	29	(G) a gorilla;
30	30	(H) a hyena;
31	31	(I) a jaguar;
32	32	(J) a leopard;
33	33	(K) a lion;
34	34	(L) a macaque;
35	35	(M) an orangutan;
36	36	(N) a snow leopard;
37	37	(O) a tiger; or
38	38	(P) any hybrid or subspecies of an animal listed
39	39	in this subdivision.
40	40	(5) "Owner" means any person who owns, possesses, or
41	41	has custody or control of a dangerous wild animal.
42	42	(6) "Person" means an individual, partnership,
43	43	corporation, trust, estate, joint stock company, foundation, or
44	44	association of individuals.
45	45	(7) "Wildlife sanctuary" means a charitable
46	46	organization that is exempt from taxation under Section 501(c)(3),
47	47	Internal Revenue Code of 1986, that is described by Section
48	48	170(b)(1)(A)(vi), Internal Revenue Code of 1986, and that:
49	49	(A) operates a place of refuge where an abused,
50	50	neglected, unwanted, impounded, abandoned, orphaned, or displaced
51	51	wild animal is provided care for the animal's lifetime; and
52	52	(B) with respect to a dangerous wild animal owned
53	53	by or in the custody or control of the organization, does not:
54	54	(i) conduct a commercial activity,
55	55	including the sale, trade, auction, lease, or loan of the animal or
56	56	parts of the animal, or use the animal in any manner in a for-profit
57	57	business or operation;
58	58	(ii) breed the animal;
59	59	(iii) allow direct contact between the
60	60	public and the animal; or
61	61	(iv) allow off-site transportation and
62	62	display of the animal.
63	63	Sec. 822.152. DANGEROUS WILD ANIMALS PROHIBITED;
64	64	EXCEPTIONS. (a) Except as provided by this section, a person may
65	65	not own, possess, sell, transfer, breed, or have custody or control
66	66	of a dangerous wild animal.
67	67	(b) The prohibition under Subsection (a) does not apply to:
68	68	(1) a county, municipality, or agency of this state,
69	69	an agency of the United States, or an agent or official of a county,
70	70	municipality, or agency acting in the agent's or official's
71	71	official capacity;
72	72	(2) a research facility, as defined by Section 2(e),
73	73	Animal Welfare Act (7 U.S.C. Section 2132(e)), that is licensed by
74	74	the secretary of the United States Department of Agriculture under
75	75	that Act;
76	76	(3) a person holding a Class "A", Class "B", or Class
77	77	"C" license issued by the United States secretary of agriculture
78	78	under the Animal Welfare Act (7 U.S.C. Section 2131 et seq.) if the
79	79	person complies with Section 822.153;
80	80	(4) a wildlife sanctuary;
81	81	(5) a veterinary hospital providing treatment to a
82	82	dangerous wild animal;
83	83	(6) a person who holds a rehabilitation permit issued
84	84	under Subchapter C, Chapter 43, Parks and Wildlife Code, while
85	85	rehabilitating the dangerous wild animal;
86	86	(7) a college or university that began displaying a
87	87	dangerous wild animal as a mascot before September 1, 2019, and does
88	88	not allow direct contact between the public and the mascot;
89	89	(8) an animal shelter temporarily housing a dangerous
90	90	wild animal seized under Section 822.156 or the written request of
91	91	an animal control authority or a law enforcement agency acting
92	92	under this subchapter; or
93	93	(9) an owner lawfully in possession of a dangerous
94	94	wild animal before September 1, 2019, if the owner complies with
95	95	Section 822.154.
96	96	Sec. 822.153. REGULATION OF CERTAIN LICENSE HOLDERS. A
97	97	person described by Section 822.152(b)(3) may possess a dangerous
98	98	wild animal if:
99	99	(1) the person's license described by that section is
100	100	in good standing;
101	101	(2) the person has not been convicted of or fined for
102	102	an offense involving the abuse or neglect of any animal under local,
103	103	state, or federal law;
104	104	(3) none of the person's employees with responsibility
105	105	for the security or care of the dangerous wild animal have been
106	106	convicted of or fined for an offense described by Subdivision (2);
107	107	(4) the person has not been cited by the United States
108	108	Department of Agriculture under the Animal Welfare Act (7 U.S.C.
109	109	Section 2131 et seq.) within the preceding three years for:
110	110	(A) failure to allow a facility inspection; or
111	111	(B) interference with a facility inspection;
112	112	(5) the person has not been cited in an inspection
113	113	report by the United States Department of Agriculture under the
114	114	Animal Welfare Act for any violations during the preceding three
115	115	years related to a dangerous wild animal's health and safety being
116	116	jeopardized by:
117	117	(A) inappropriate veterinary care;
118	118	(B) inappropriate handling of the animal causing
119	119	stress or trauma to the animal or a threat to public safety;
120	120	(C) inappropriate provision of food, water,
121	121	shelter, or space; or
122	122	(D) any infraction cited as a direct violation;
123	123	(6) the person has not received any official notice of
124	124	warning or entered into stipulations, consent decrees, or
125	125	settlements with the United States Department of Agriculture during
126	126	the preceding five years;
127	127	(7) the person discloses any known pending
128	128	investigation of the person by the United States Department of
129	129	Agriculture;
130	130	(8) the person maintains liability insurance in an
131	131	amount not less than $100,000 for each occurrence of property
132	132	damage, bodily injury, or death caused by a dangerous wild animal
133	133	possessed by the person;
134	134	(9) the person has not had a license or permit for the
135	135	care, possession, exhibition, propagation, or sale of animals
136	136	revoked or suspended by any local, state, or federal agency; and
137	137	(10) the person has a written plan, including
138	138	protocols for training staff on methods of safe recapture, filed
139	139	with the appropriate animal control authority for the quick and
140	140	safe recapture or destruction for each of the person's dangerous
141	141	wild animals if the animal escapes.
142	142	Sec. 822.154. REGULATION OF CERTAIN OWNERS; REGISTRATION;
143	143	FEE. (a) An owner described by Section 822.152(b)(9) may possess a
144	144	dangerous wild animal if the owner:
145	145	(1) has veterinary records or acquisition papers that
146	146	establish ownership of the dangerous wild animal before September
147	147	1, 2019;
148	148	(2) has not been convicted of an offense involving
149	149	cruelty to an animal;
150	150	(3) has not had a license or permit relating to the
151	151	care, possession, exhibition, breeding, or sale of a dangerous wild
152	152	animal revoked or suspended by any local, state, or federal agency;
153	153	(4) has developed and is prepared to implement an
154	154	emergency plan for responding to the escape of or an attack by the
155	155	dangerous wild animal and has provided the plan to the commission
156	156	and animal control authority at the time the owner registers the
157	157	animal under Subsection (b);
158	158	(5) has provided a list of the owner's dangerous wild
159	159	animals to the commission and animal control authority;
160	160	(6) does not acquire by any means, including through
161	161	purchase, donation, or breeding, an additional dangerous wild
162	162	animal on or after September 1, 2019;
163	163	(7) does not allow direct contact between the public
164	164	and the dangerous wild animal;
165	165	(8) registers the dangerous wild animal with the
166	166	commission as required by Subsection (b);
167	167	(9) notifies the commission of any attack of a human by
168	168	the animal not later than 48 hours after the attack; and
169	169	(10) immediately notifies the commission and local law
170	170	enforcement of any escape of the animal from the owner's custody.
171	171	(b) An owner described by Section 822.152(b)(9) shall
172	172	annually register the owner's dangerous wild animal with the
173	173	commission on a form provided by the commission and pay the
174	174	registration fee established by the commission.
175	175	(c) The commission may establish and charge a reasonable
176	176	registration fee in an amount sufficient to cover the cost of
177	177	administering this subchapter.
178	178	Sec. 822.155. LIABILITY. (a) An owner described by Section
179	179	822.152(b)(9) is liable for all costs incurred in apprehending and
180	180	confining a dangerous wild animal that escapes the owner's custody.
181	181	(b) The commission, a local law enforcement agency, or an
182	182	employee of the commission or agency is not liable to an owner
183	183	described by Section 822.152(b)(9) for damages arising from the
184	184	escape of the owner's dangerous wild animal, including liability
185	185	for property damage, injury, or death caused by the animal or for
186	186	injury to or the death of the animal.
187	187	Sec. 822.156. SEIZURE OF DANGEROUS WILD ANIMAL; HEARING.
188	188	(a) On a showing of probable cause that a dangerous wild animal is
189	189	owned, possessed, held in custody, or controlled in violation of
190	190	this subchapter, a justice court, county court, or county court at
191	191	law in the county in which the dangerous wild animal is located
192	192	shall:
193	193	(1) order an animal control authority or a peace
194	194	officer located in the county to seize the dangerous wild animal;
195	195	(2) issue a warrant authorizing the animal's seizure;
196	196	and
197	197	(3) schedule a hearing to be held on a date not later
198	198	than the 10th day after the date the warrant is issued to determine:
199	199	(A) whether a violation of this subchapter
200	200	occurred; and
201	201	(B) the final disposition of the dangerous wild
202	202	animal.
203	203	(b) The person executing a warrant described by Subsection
204	204	(a)(2) shall serve written notice of the hearing described by
205	205	Subsection (a)(3) to the owner of the dangerous wild animal at the
206	206	time the warrant is executed.
207	207	(c) The animal control authority or peace officer shall
208	208	seize the dangerous wild animal and provide for the impoundment of
209	209	the animal in secure and humane conditions until a court determines
210	210	the disposition of the animal and issues appropriate orders. This
211	211	subsection does not prevent an animal control authority or peace
212	212	officer from impounding an animal on the property in which the
213	213	animal is located at the time of the seizure.
214	214	(d) A court on finding that a violation of this subchapter
215	215	occurred shall assess against the owner of a seized dangerous wild
216	216	animal the reasonable costs of caring for the animal, including
217	217	boarding and veterinary costs.
218	218	(e) A court's decision under this section is final and may
219	219	not be appealed.
220	220	Sec. 822.157. DISPOSITION OF CERTAIN DANGEROUS WILD
221	221	ANIMALS. (a) If a court finds that a person has kept a dangerous
222	222	wild animal in violation of this subchapter, the court shall divest
223	223	the person's ownership of the animal and order ownership of the
224	224	animal to vest in the animal control authority.
225	225	(b) The animal control authority shall make a reasonable
226	226	effort to place the animal in the custody of a wildlife sanctuary.
227	227	If the animal control authority is unable to place the animal with a
228	228	wildlife sanctuary, the animal control authority may humanely
229	229	euthanize the animal in compliance with state and federal law.
230	230	Sec. 822.158. CIVIL PENALTY. (a) A person who violates
231	231	this subchapter is liable to the county in which the violation
232	232	occurs for a civil penalty of not less than $200 and not more than
233	233	$2,000 for each animal with respect to which there is a violation
234	234	and for each day that the violation continues.
235	235	(b) A county in which the violation occurs may sue to
236	236	collect a civil penalty under this section. A civil penalty
237	237	collected under this subsection may be retained by the county.
238	238	(c) A county that sues under Subsection (b) may also recover
239	239	the reasonable costs of investigation, reasonable attorney's fees,
240	240	and other costs incurred by the county or an animal control
241	241	authority.
242	242	Sec. 822.159. INJUNCTION. A county in which a dangerous
243	243	wild animal is located or in which a person who is harmed or
244	244	threatened with harm by a violation of this subchapter may sue an
245	245	owner of a dangerous wild animal to enjoin a violation of this
246	246	subchapter.
247	247	Sec. 822.160. OFFENSE; PENALTY. (a) A person commits an
248	248	offense if the person violates this subchapter. Each animal with
249	249	respect to which there is a violation and each day that a violation
250	250	continues is a separate offense.
251	251	(b) An offense under this section is a Class A misdemeanor.
252	252	SECTION 2. Section 42.01(e), Penal Code, is amended to read
253	253	as follows:
254	254	(e) It is a defense to prosecution for an offense under
255	255	Subsection (a)(7) or (9) that the person who discharged the firearm
256	256	had a reasonable fear of bodily injury to the person or to another
257	257	by a dangerous wild animal as defined by Section 822.151 [822.101],
258	258	Health and Safety Code.
259	259	SECTION 3. Section 42.092(d), Penal Code, is amended to
260	260	read as follows:
261	261	(d) It is a defense to prosecution under this section that:
262	262	(1) the actor had a reasonable fear of bodily injury to
263	263	the actor or to another person by a dangerous wild animal as defined
264	264	by Section 822.151 [822.101], Health and Safety Code; or
265	265	(2) the actor was engaged in bona fide experimentation
266	266	for scientific research.
267	267	SECTION 4. On January 1, 2020, Subchapter E, Chapter 822,
268	268	Health and Safety Code, is repealed.
269	269	SECTION 5. (a) Section 822.113, Health and Safety Code, as
270	270	repealed by this Act, applies only to an offense committed before
271	271	September 1, 2019. An offense committed before that date is
272	272	governed by the law in effect on the date the offense was committed,
273	273	and the former law is continued in effect for that purpose. For
274	274	purposes of this subsection, an offense was committed before that
275	275	date if any element of the offense occurred before that date.
276	276	(b) Section 822.160, Health and Safety Code, as added by
277	277	this Act, applies only to an offense committed on or after the
278	278	effective date of this Act. An offense committed before the
279	279	effective date of this Act is governed by the law in effect on the
280	280	date the offense was committed, and the former law is continued in
281	281	effect for that purpose. For purposes of this section, an offense
282	282	was committed before the effective date of this Act if any element
283	283	of the offense occurred before that date.
284	284	(c) Not later than November 1, 2019, the executive
285	285	commissioner of the Health and Human Services Commission shall
286	286	adopt rules, establish the fees, and prescribe the application form
287	287	necessary to implement Subchapter F, Chapter 822, Health and Safety
288	288	Code, as added by this Act.
289	289	(d) Notwithstanding Subchapter F, Chapter 822, Health and
290	290	Safety Code, as added by this Act, an owner of a dangerous wild
291	291	animal is not required to comply with Subchapter F, Chapter 822,
292	292	Health and Safety Code, as added by this Act, or rules adopted under
293	293	that subchapter until January 1, 2020.
294	294	SECTION 6. This Act takes effect September 1, 2019.