87R10618 MCF-F
By: Ordaz Perez H.B. No. 3710
A BILL TO BE ENTITLED
AN ACT
relating to a prohibition on public contact with certain animals;
imposing a civil penalty; creating a criminal offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 822, Health and Safety Code, is amended
by adding Subchapter F to read as follows:
SUBCHAPTER F. PUBLIC CONTACT WITH CERTAIN ANIMALS PROHIBITED
Sec. 822.151. APPLICABILITY. This subchapter applies only
to the following animals:
(A) a bear;
(B) a cougar;
(C) an elephant;
(D) a jaguar;
(E) a leopard;
(F) a lion;
(G) a nonhuman primate;
(H) a snow leopard; and
(I) a tiger.
Sec. 822.152. DIRECT CONTACT PROHIBITED. A person may not
allow a member of the public to have direct contact with an animal
described by Section 822.151. For purposes of this subsection,
direct contact includes allowing a member of the public to be in
close proximity to an animal in an area without a permanent physical
barrier preventing contact between the public and the animal.
Sec. 822.153. CIVIL PENALTY. (a) A person who violates
Section 822.152 is liable for a civil penalty of not less than $200
and not more than $2,000 for each animal subject to the violation
and for each day the violation continues.
(b) The attorney general or the appropriate district or
county attorney may:
(1) bring an action on behalf of this state to collect
the civil penalty under this section; and
(2) recover attorney's fees and costs incurred in
bringing the action.
Sec. 822.154. CRIMINAL OFFENSE; PENALTY. (a) A person
commits an offense if the person violates Section 822.152. Each
animal subject to a violation and each day a violation continues is
a separate offense.
(b) An offense under this section is a Class A misdemeanor.
Sec. 822.155. EFFECT OF SUBCHAPTER ON OTHER LAW. This
subchapter does not preempt a local regulation relating to an
animal described by Section 822.151 or affect the authority of a
political subdivision to adopt or enforce an ordinance or
requirement relating to an animal described by that section if the
regulation, ordinance, or requirement:
(1) is compatible with and equal to or more stringent
than a requirement prescribed by this subchapter; or
(2) relates to an issue not specifically addressed by
this subchapter.
SECTION 2. This Act takes effect September 1, 2021.