Texas 2019 - 86th Regular

Texas Senate Bill SB641 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Huffman, Alvarado, Lucio S.B. No. 641
	2	+	(In the Senate - Filed February 5, 2019; March 1, 2019, read
	3	+	first time and referred to Committee on Water & Rural Affairs;
	4	+	April 24, 2019, reported adversely, with favorable Committee
	5	+	Substitute by the following vote: Yeas 7, Nays 0; April 24, 2019,
	6	+	sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR S.B. No. 641 By: Creighton
2	9
3	10
4	11		A BILL TO BE ENTITLED
5	12		AN ACT
6	13		relating to dangerous wild animals; providing penalties; creating a
7	14		criminal offense; authorizing a fee.
8	15		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	16		SECTION 1. Chapter 822, Health and Safety Code, is amended
10	17		by adding Subchapter F to read as follows:
11	18		SUBCHAPTER F. REGULATION OF DANGEROUS WILD ANIMALS
12	19		Sec. 822.151. DEFINITIONS. In this subchapter:
13	20		(1) "Animal control authority" means a municipal or
14	21		county animal control office with authority over the area in which a
15	22		dangerous wild animal is located or a county sheriff in an area with
16	23		no animal control office.
17	24		(2) "Animal shelter" means a municipal or county
18	25		animal shelter or an animal shelter operated by a nonprofit
19	26		charitable organization established primarily to shelter and care
20	27		for stray and abandoned animals.
21	28		(3) "Commission" means the Health and Human Services
22	29		Commission.
23	30		(4) "Dangerous wild animal" means:
24	31		(A) a baboon;
25	32		(B) a bear;
26	33		(C) a cheetah;
27	34		(D) a chimpanzee;
28	35		(E) a clouded leopard;
29	36		(F) a cougar;
30	37		(G) a gorilla;
31	38		(H) a hyena;
32	39		(I) a jaguar;
33	40		(J) a leopard;
34	41		(K) a lion;
35	42		(L) a macaque;
36	43		(M) an orangutan;
37	44		(N) a snow leopard;
38	45		(O) a tiger; or
39	46		(P) any hybrid or subspecies of an animal listed
40	47		in this subdivision.
41	48		(5) "Owner" means any person who owns, possesses, or
42	49		has custody or control of a dangerous wild animal.
43	50		(6) "Person" means an individual, partnership,
44	51		corporation, trust, estate, joint stock company, foundation, or
45	52		association of individuals.
46	53		(7) "Wildlife sanctuary" means a charitable
47	54		organization that is exempt from taxation under Section 501(c)(3),
48	55		Internal Revenue Code of 1986, and that:
49	56		(A) operates a place of refuge where an abused,
50	57		neglected, unwanted, impounded, abandoned, orphaned, or displaced
51	58		wild animal is provided care for the animal's lifetime; and
52	59		(B) with respect to a dangerous wild animal owned
53	60		by or in the custody or control of the organization, does not:
54	61		(i) conduct a commercial activity,
55	62		including the sale, trade, auction, lease, or loan of the animal or
56	63		parts of the animal, or use the animal in any manner in a for-profit
57	64		business or operation;
58	65		(ii) breed the animal;
59	66		(iii) allow direct contact between the
60	67		public and the animal; or
61	68		(iv) allow off-site transportation and
62	69		display of the animal.
63	70		Sec. 822.152. DANGEROUS WILD ANIMALS PROHIBITED;
64	71		EXCEPTIONS. (a) Except as provided by this section, a person may
65	72		not own, possess, sell, transfer, breed, or have custody or control
66	73		of a dangerous wild animal.
67	74		(b) The prohibition under Subsection (a) does not apply to:
68	75		(1) a county, municipality, or agency of this state,
69	76		an agency of the United States, or an agent or official of a county,
70	77		municipality, or agency acting in the agent's or official's
71	78		official capacity;
72	79		(2) a research facility, as defined by Section 2(e),
73	80		Animal Welfare Act (7 U.S.C. Section 2132(e)), that is licensed by
74	81		the secretary of the United States Department of Agriculture under
75	82		that Act;
76	83		(3) a person holding a Class "A", Class "B", or Class
77	84		"C" license issued by the United States secretary of agriculture
78	85		under the Animal Welfare Act (7 U.S.C. Section 2131 et seq.) if the
79	86		person complies with Section 822.153;
80	87		(4) an institution accredited by the Association of
81	88		Zoos and Aquariums or the Zoological Association of America;
82	89		(5) a wildlife sanctuary;
83	90		(6) a veterinary hospital providing treatment to a
84	91		dangerous wild animal;
85	92		(7) a person who holds a rehabilitation permit issued
86	93		under Subchapter C, Chapter 43, Parks and Wildlife Code, while
87	94		rehabilitating the dangerous wild animal;
88	95		(8) a college or university that began displaying a
89	96		dangerous wild animal as a mascot before September 1, 2019, and does
90	97		not allow direct contact between the public and the mascot;
91	98		(9) an animal shelter temporarily housing a dangerous
92	99		wild animal seized under Section 822.156 or the written request of
93	100		an animal control authority or a law enforcement agency acting
94	101		under this subchapter; or
95	102		(10) an owner lawfully in possession of a dangerous
96	103		wild animal before September 1, 2019, if the owner complies with
97	104		Section 822.154.
98	105		Sec. 822.153. REGULATION OF CERTAIN LICENSE HOLDERS. A
99	106		person described by Section 822.152(b)(3) may possess a dangerous
100	107		wild animal if:
101	108		(1) the person's license described by that subdivision
102	109		is in good standing;
103	110		(2) the person has not been convicted of or fined for
104	111		an offense involving the abuse or neglect of any animal under local,
105	112		state, or federal law;
106	113		(3) none of the person's employees with responsibility
107	114		for the security or care of the dangerous wild animal have been
108	115		convicted of or fined for an offense described by Subdivision (2);
109	116		(4) the person has not been cited by the United States
110	117		Department of Agriculture under the Animal Welfare Act (7 U.S.C.
111	118		Section 2131 et seq.) within the preceding three years for:
112	119		(A) failure to allow a facility inspection; or
113	120		(B) interference with a facility inspection;
114	121		(5) the person has not been cited in an inspection
115	122		report by the United States Department of Agriculture under the
116	123		Animal Welfare Act for any violations during the preceding three
117	124		years related to a dangerous wild animal's health and safety being
118	125		jeopardized by:
119	126		(A) inappropriate veterinary care;
120	127		(B) inappropriate handling of the animal causing
121	128		stress or trauma to the animal or a threat to public safety;
122	129		(C) inappropriate provision of food, water,
123	130		shelter, or space; or
124	131		(D) any infraction cited as a direct violation;
125	132		(6) the person has not received any official notice of
126	133		warning or entered into stipulations, consent decrees, or
127	134		settlements with the United States Department of Agriculture during
128	135		the preceding five years;
129	136		(7) the person discloses any known pending
130	137		investigation of the person by the United States Department of
131	138		Agriculture;
132	139		(8) the person maintains liability insurance in an
133	140		amount not less than $100,000 for each occurrence of property
134	141		damage, bodily injury, or death caused by a dangerous wild animal
135	142		possessed by the person;
136	143		(9) the person has not had a license or permit for the
137	144		care, possession, exhibition, propagation, or sale of animals
138	145		revoked or suspended by any local, state, or federal agency; and
139	146		(10) the person has a written plan, including
140	147		protocols for training staff on methods of safe recapture, filed
141	148		with the appropriate animal control authority for the quick and
142	149		safe recapture or destruction for each of the person's dangerous
143	150		wild animals if the animal escapes.
144	151		Sec. 822.154. REGULATION OF CERTAIN OWNERS; REGISTRATION;
145	152		FEE. (a) An owner described by Section 822.152(b)(10) may possess
146	153		a dangerous wild animal if the owner:
147	154		(1) has veterinary records or acquisition papers that
148	155		establish ownership of the dangerous wild animal before September
149	156		1, 2019;
150	157		(2) has not been convicted of an offense involving
151	158		cruelty to an animal;
152	159		(3) has not had a license or permit relating to the
153	160		care, possession, exhibition, breeding, or sale of a dangerous wild
154	161		animal revoked or suspended by any local, state, or federal agency;
155	162		(4) has developed and is prepared to implement an
156	163		emergency plan for responding to the escape of or an attack by the
157	164		dangerous wild animal and has provided the plan to the commission
158	165		and animal control authority at the time the owner registers the
159	166		animal under Subsection (b);
160	167		(5) has provided a list of the owner's dangerous wild
161	168		animals to the commission and animal control authority;
162	169		(6) does not acquire by any means, including through
163	170		purchase, donation, or breeding, an additional dangerous wild
164	171		animal on or after September 1, 2019;
165	172		(7) does not allow direct contact between the public
166	173		and the dangerous wild animal;
167	174		(8) registers the dangerous wild animal with the
168	175		commission as required by Subsection (b);
169	176		(9) notifies the commission of any attack of a human by
170	177		the animal not later than 48 hours after the attack; and
171	178		(10) immediately notifies the commission and local law
172	179		enforcement of any escape of the animal from the owner's custody.
173	180		(b) An owner described by Section 822.152(b)(10) shall
174	181		annually register the owner's dangerous wild animal with the
175	182		commission on a form provided by the commission and pay the
176	183		registration fee established by the commission.
177	184		(c) The commission may establish and charge a reasonable
178	185		registration fee in an amount sufficient to cover the cost of
179	186		administering this subchapter.
180	187		Sec. 822.155. LIABILITY. (a) An owner described by
181	188		Section 822.152(b)(10) is liable for all costs incurred in
182	189		apprehending and confining a dangerous wild animal that escapes the
183	190		owner's custody.
184	191		(b) The commission, a local law enforcement agency, or an
185	192		employee of the commission or agency is not liable to an owner
186	193		described by Section 822.152(b)(10) for damages arising from the
187	194		escape of the owner's dangerous wild animal, including liability
188	195		for property damage, injury, or death caused by the animal or for
189	196		injury to or the death of the animal.
190	197		Sec. 822.156. SEIZURE OF DANGEROUS WILD ANIMAL; HEARING.
191	198		(a) On a showing of probable cause that a dangerous wild animal is
192	199		owned, possessed, held in custody, or controlled in violation of
193	200		this subchapter, a justice court, county court, or county court at
194	201		law in the county in which the dangerous wild animal is located
195	202		shall:
196	203		(1) order an animal control authority or a peace
197	204		officer located in the county to seize the dangerous wild animal;
198	205		(2) issue a warrant authorizing the animal's seizure;
199	206		and
200	207		(3) schedule a hearing to be held on a date not later
201	208		than the 10th day after the date the warrant is issued to determine:
202	209		(A) whether a violation of this subchapter
203	210		occurred; and
204	211		(B) the final disposition of the dangerous wild
205	212		animal.
206	213		(b) The person executing a warrant described by Subsection
207	214		(a)(2) shall serve written notice of the hearing described by
208	215		Subsection (a)(3) to the owner of the dangerous wild animal at the
209	216		time the warrant is executed.
210	217		(c) The animal control authority or peace officer shall
211	218		seize the dangerous wild animal and provide for the impoundment of
212	219		the animal in secure and humane conditions until a court determines
213	220		the disposition of the animal and issues appropriate orders. This
214	221		subsection does not prevent an animal control authority or peace
215	222		officer from impounding an animal on the property in which the
216	223		animal is located at the time of the seizure.
217	224		(d) A court on finding that a violation of this subchapter
218	225		occurred shall assess against the owner of a seized dangerous wild
219	226		animal the reasonable costs of caring for the animal, including
220	227		boarding and veterinary costs.
221	228		(e) A court, on finding that a violation of this subchapter
222	229		occurred, shall determine the estimated costs likely to be incurred
223	230		by an animal control authority, law enforcement agency, wildlife
224	231		sanctuary, or zoo accredited by the Association of Zoos and
225	232		Aquariums or the Zoological Association of America to house and
226	233		care for a dangerous wild animal during the appeal process.
227	234		(f) After making the determination under Subsection (e),
228	235		the court at the time of entering the judgment shall set the amount
229	236		of bond for an appeal equal to the sum of:
230	237		(1) the amount of the costs ordered under Subsection
231	238		(d); and
232	239		(2) the amount of the estimated costs determined under
233	240		Subsection (e).
234	241		(g) A court may not require a person to provide a bond in an
235	242		amount greater than or in addition to the amount determined by the
236	243		court under Subsection (f) to perfect an appeal.
237	244		Sec. 822.157. DISPOSITION OF CERTAIN DANGEROUS WILD
238	245		ANIMALS. (a) If a court finds that a person has kept a dangerous
239	246		wild animal in violation of this subchapter, the court shall divest
240	247		the person's ownership of the animal and order ownership of the
241	248		animal to vest in the animal control authority.
242	249		(b) The animal control authority shall make a reasonable
243	250		effort to place the animal in the custody of a wildlife sanctuary or
244	251		an accredited zoo. If the animal control authority is unable to
245	252		place the animal with a wildlife sanctuary or an accredited zoo, the
246	253		animal control authority may humanely euthanize the animal in
247	254		compliance with state and federal law.
248	255		Sec. 822.158. CIVIL PENALTY. (a) A person who violates
249	256		this subchapter is liable to the county in which the violation
250	257		occurs for a civil penalty of not less than $200 and not more than
251	258		$2,000 for each animal with respect to which there is a violation
252	259		and for each day that the violation continues.
253	260		(b) A county in which the violation occurs may sue to
254	261		collect a civil penalty under this section. A civil penalty
255	262		collected under this subsection may be retained by the county.
256	263		(c) A county that sues under Subsection (b) may also recover
257	264		the reasonable costs of investigation, reasonable attorney's fees,
258	265		and other costs incurred by the county or an animal control
259	266		authority.
260	267		Sec. 822.159. INJUNCTION. A county in which a dangerous
261	268		wild animal is located or in which a person who is harmed or
262	269		threatened with harm by a violation of this subchapter may sue an
263	270		owner of a dangerous wild animal to enjoin a violation of this
264	271		subchapter.
265	272		Sec. 822.160. OFFENSE; PENALTY. (a) A person commits an
266	273		offense if the person violates this subchapter. Each animal with
267	274		respect to which there is a violation and each day that a violation
268	275		continues is a separate offense.
269	276		(b) An offense under this section is a Class A misdemeanor.
270	277		SECTION 2. Section 42.01(e), Penal Code, is amended to read
271	278		as follows:
272	279		(e) It is a defense to prosecution for an offense under
273	280		Subsection (a)(7) or (9) that the person who discharged the firearm
274	281		had a reasonable fear of bodily injury to the person or to another
275	282		by a dangerous wild animal as defined by Section 822.151 [822.101],
276	283		Health and Safety Code.
277	284		SECTION 3. Section 42.092(d), Penal Code, is amended to
278	285		read as follows:
279	286		(d) It is a defense to prosecution under this section that:
280	287		(1) the actor had a reasonable fear of bodily injury to
281	288		the actor or to another person by a dangerous wild animal as defined
282	289		by Section 822.151 [822.101], Health and Safety Code; or
283	290		(2) the actor was engaged in bona fide experimentation
284	291		for scientific research.
285	292		SECTION 4. On January 1, 2020, Subchapter E, Chapter 822,
286	293		Health and Safety Code, is repealed.
287	294		SECTION 5. (a) The repeal by this Act of Section 822.113,
288	295		Health and Safety Code, does not apply to an offense committed under
289	296		that section before the effective date of the repeal. An offense
290	297		committed before the effective date of the repeal is governed by the
291	298		law as it existed on the date the offense was committed, and the
292	299		former law is continued in effect for that purpose. For purposes of
293	300		this subsection, an offense was committed before the effective date
294	301		of the repeal if any element of the offense occurred before that
295	302		date.
296	303		(b) Section 822.160, Health and Safety Code, as added by
297	304		this Act, applies only to an offense committed on or after the
298	305		effective date of this Act. An offense committed before the
299	306		effective date of this Act is governed by the law in effect on the
300	307		date the offense was committed, and the former law is continued in
301	308		effect for that purpose. For purposes of this subsection, an
302	309		offense was committed before the effective date of this Act if any
303	310		element of the offense occurred before that date.
304	311		(c) Not later than November 1, 2019, the executive
305	312		commissioner of the Health and Human Services Commission shall
306	313		adopt rules, establish the fees, and prescribe the application form
307	314		necessary to implement Subchapter F, Chapter 822, Health and Safety
308	315		Code, as added by this Act.
309	316		(d) Notwithstanding Subchapter F, Chapter 822, Health and
310	317		Safety Code, as added by this Act, an owner of a dangerous wild
311	318		animal is not required to comply with Subchapter F, Chapter 822,
312	319		Health and Safety Code, as added by this Act, or rules adopted under
313	320		that subchapter until January 1, 2020.
314	321		SECTION 6. Except as otherwise provided by this Act, this
315	322		Act takes effect September 1, 2019.
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