| 1 | 1 | | 87R10618 MCF-F |
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| 2 | 2 | | By: Ordaz Perez H.B. No. 3710 |
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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 a prohibition on public contact with certain animals; |
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| 8 | 8 | | imposing a civil penalty; creating a criminal offense. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Chapter 822, Health and Safety Code, is amended |
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| 11 | 11 | | by adding Subchapter F to read as follows: |
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| 12 | 12 | | SUBCHAPTER F. PUBLIC CONTACT WITH CERTAIN ANIMALS PROHIBITED |
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| 13 | 13 | | Sec. 822.151. APPLICABILITY. This subchapter applies only |
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| 14 | 14 | | to the following animals: |
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| 15 | 15 | | (A) a bear; |
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| 16 | 16 | | (B) a cougar; |
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| 17 | 17 | | (C) an elephant; |
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| 18 | 18 | | (D) a jaguar; |
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| 19 | 19 | | (E) a leopard; |
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| 20 | 20 | | (F) a lion; |
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| 21 | 21 | | (G) a nonhuman primate; |
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| 22 | 22 | | (H) a snow leopard; and |
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| 23 | 23 | | (I) a tiger. |
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| 24 | 24 | | Sec. 822.152. DIRECT CONTACT PROHIBITED. A person may not |
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| 25 | 25 | | allow a member of the public to have direct contact with an animal |
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| 26 | 26 | | described by Section 822.151. For purposes of this subsection, |
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| 27 | 27 | | direct contact includes allowing a member of the public to be in |
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| 28 | 28 | | close proximity to an animal in an area without a permanent physical |
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| 29 | 29 | | barrier preventing contact between the public and the animal. |
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| 30 | 30 | | Sec. 822.153. CIVIL PENALTY. (a) A person who violates |
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| 31 | 31 | | Section 822.152 is liable for a civil penalty of not less than $200 |
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| 32 | 32 | | and not more than $2,000 for each animal subject to the violation |
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| 33 | 33 | | and for each day the violation continues. |
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| 34 | 34 | | (b) The attorney general or the appropriate district or |
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| 35 | 35 | | county attorney may: |
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| 36 | 36 | | (1) bring an action on behalf of this state to collect |
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| 37 | 37 | | the civil penalty under this section; and |
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| 38 | 38 | | (2) recover attorney's fees and costs incurred in |
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| 39 | 39 | | bringing the action. |
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| 40 | 40 | | Sec. 822.154. CRIMINAL OFFENSE; PENALTY. (a) A person |
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| 41 | 41 | | commits an offense if the person violates Section 822.152. Each |
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| 42 | 42 | | animal subject to a violation and each day a violation continues is |
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| 43 | 43 | | a separate offense. |
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| 44 | 44 | | (b) An offense under this section is a Class A misdemeanor. |
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| 45 | 45 | | Sec. 822.155. EFFECT OF SUBCHAPTER ON OTHER LAW. This |
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| 46 | 46 | | subchapter does not preempt a local regulation relating to an |
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| 47 | 47 | | animal described by Section 822.151 or affect the authority of a |
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| 48 | 48 | | political subdivision to adopt or enforce an ordinance or |
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| 49 | 49 | | requirement relating to an animal described by that section if the |
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| 50 | 50 | | regulation, ordinance, or requirement: |
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| 51 | 51 | | (1) is compatible with and equal to or more stringent |
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| 52 | 52 | | than a requirement prescribed by this subchapter; or |
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| 53 | 53 | | (2) relates to an issue not specifically addressed by |
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| 54 | 54 | | this subchapter. |
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| 55 | 55 | | SECTION 2. This Act takes effect September 1, 2021. |
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