Texas 2021 - 87th Regular

Texas House Bill HB4049 Compare Versions

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

Old	New	Differences
1	1	87R4736 MCF-F
2	2	By: Guillen H.B. No. 4049
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.
18	18	(3) "Commission" means the Health and Human Services
19	19	Commission.
20	20	(4) "Dangerous wild animal" means:
21	21	(A) a baboon;
22	22	(B) a bear;
23	23	(C) a bobcat;
24	24	(D) a caracal;
25	25	(E) a cheetah;
26	26	(F) a chimpanzee;
27	27	(G) a clouded leopard;
28	28	(H) a cougar;
29	29	(I) a coyote;
30	30	(J) an elephant;
31	31	(K) a gorilla;
32	32	(L) a hyena;
33	33	(M) a jackal;
34	34	(N) a jaguar;
35	35	(O) a leopard;
36	36	(P) a lion;
37	37	(Q) a lynx;
38	38	(R) a macaque;
39	39	(S) an ocelot;
40	40	(T) an orangutan;
41	41	(U) a serval;
42	42	(V) a snow leopard;
43	43	(W) a tiger; or
44	44	(X) any hybrid or subspecies of an animal listed
45	45	in this subdivision.
46	46	(5) "Owner" means any person who owns, possesses, or
47	47	has custody or control of a dangerous wild animal.
48	48	(6) "Person" means an individual, partnership,
49	49	corporation, trust, estate, joint stock company, foundation, or
50	50	association of individuals.
51	51	(7) "Wildlife sanctuary" means a charitable
52	52	organization exempt from federal taxation under Section 501(c)(3),
53	53	Internal Revenue Code of 1986, that is described by Section
54	54	170(b)(1)(A)(vi), Internal Revenue Code of 1986, that:
55	55	(A) operates a place of refuge where an abused,
56	56	neglected, unwanted, impounded, abandoned, orphaned, or displaced
57	57	wild animal is provided care for the animal's lifetime; and
58	58	(B) with respect to a dangerous wild animal owned
59	59	by or in the custody or control of the organization, does not:
60	60	(i) conduct a commercial activity,
61	61	including the sale, trade, auction, lease, or loan of the animal or
62	62	parts of the animal, or use the animal in any manner in a for-profit
63	63	business or operation;
64	64	(ii) breed the animal;
65	65	(iii) allow direct contact between the
66	66	public and the animal as described by Section 822.152(b); or
67	67	(iv) allow off-site transportation and
68	68	display of the animal.
69	69	Sec. 822.152. DANGEROUS WILD ANIMALS PROHIBITED;
70	70	EXCEPTIONS. (a) Except as provided by this section, a person may
71	71	not own, possess, sell, transfer, breed, or have custody or control
72	72	of a dangerous wild animal.
73	73	(b) A person may not allow a member of the public to have
74	74	direct contact with a dangerous wild animal. For purposes of this
75	75	subsection, direct contact includes allowing a member of the public
76	76	to access a dangerous wild animal without a permanent physical
77	77	barrier preventing contact between the member of the public and the
78	78	animal.
79	79	(c) The prohibition under Subsection (a) does not apply to:
80	80	(1) a county, municipality, or agency of this state,
81	81	an agency of the United States, or an agent or official of a county,
82	82	municipality, or agency acting in the agent's or official's
83	83	official capacity;
84	84	(2) a research facility, as defined by Section 2(e),
85	85	Animal Welfare Act (7 U.S.C. Section 2132(e)), that is licensed by
86	86	the secretary of the United States Department of Agriculture under
87	87	that Act;
88	88	(3) a person holding a Class "A", Class "B", or Class
89	89	"C" license issued by the United States secretary of agriculture
90	90	under the Animal Welfare Act (7 U.S.C. Section 2131 et seq.) if the
91	91	person complies with Section 822.153;
92	92	(4) a wildlife sanctuary;
93	93	(5) a veterinary hospital providing treatment to a
94	94	dangerous wild animal;
95	95	(6) a person who holds a rehabilitation permit issued
96	96	under Subchapter C, Chapter 43, Parks and Wildlife Code, while
97	97	rehabilitating the dangerous wild animal;
98	98	(7) a college or university that began displaying a
99	99	dangerous wild animal as a mascot before September 1, 2021, and does
100	100	not allow direct contact between the public and the mascot;
101	101	(8) an animal shelter temporarily housing a dangerous
102	102	wild animal seized under Section 822.156 or the written request of
103	103	an animal control authority or a law enforcement agency acting
104	104	under this subchapter; or
105	105	(9) an owner lawfully in possession of a dangerous
106	106	wild animal before September 1, 2021, if the owner complies with
107	107	Section 822.154.
108	108	Sec. 822.153. REGULATION OF CERTAIN LICENSE HOLDERS. A
109	109	person described by Section 822.152(c)(3) may possess a dangerous
110	110	wild animal if:
111	111	(1) the person's license described by that section is
112	112	in good standing;
113	113	(2) the person has not been convicted of or fined for
114	114	an offense involving the abuse or neglect of any animal under local,
115	115	state, or federal law;
116	116	(3) none of the person's employees with responsibility
117	117	for the security or care of the dangerous wild animal have been
118	118	convicted of or fined for an offense described by Subdivision (2);
119	119	(4) the person has not been cited by the United States
120	120	Department of Agriculture under the Animal Welfare Act (7 U.S.C.
121	121	Section 2131 et seq.) within the preceding three years for:
122	122	(A) failure to allow a facility inspection; or
123	123	(B) interference with a facility inspection;
124	124	(5) the person discloses any known pending
125	125	investigation of the person by the United States Department of
126	126	Agriculture;
127	127	(6) the person maintains liability insurance in an
128	128	amount not less than $100,000, with a deductible of not more than
129	129	$250, for each occurrence of property damage, bodily injury, or
130	130	death caused by a dangerous wild animal possessed by the person;
131	131	(7) the person has not had a license or permit for the
132	132	care, possession, exhibition, propagation, or sale of animals
133	133	revoked or suspended by any local, state, or federal agency; and
134	134	(8) the person has a written plan, including protocols
135	135	for training staff on methods of safe response and recapture, filed
136	136	with the appropriate animal control authority for the quick
137	137	response and safe recapture or destruction for each of the person's
138	138	dangerous wild animals if the animal escapes or attacks another
139	139	person.
140	140	Sec. 822.154. REGULATION OF CERTAIN OWNERS; REGISTRATION;
141	141	FEE. (a) An owner described by Section 822.152(c)(9) may possess a
142	142	dangerous wild animal if the owner:
143	143	(1) has veterinary records or acquisition papers that
144	144	establish ownership of the dangerous wild animal before September
145	145	1, 2021;
146	146	(2) has not been convicted of an offense involving
147	147	cruelty to an animal;
148	148	(3) has not had a license or permit relating to the
149	149	care, possession, exhibition, breeding, or sale of a dangerous wild
150	150	animal revoked or suspended by any local, state, or federal agency;
151	151	(4) has developed and is prepared to implement an
152	152	emergency plan for responding to the escape of or an attack by the
153	153	dangerous wild animal and has provided the plan to the commission
154	154	and animal control authority at the time the owner registers the
155	155	animal under Subsection (b);
156	156	(5) has provided a list of the owner's dangerous wild
157	157	animals to the commission and animal control authority;
158	158	(6) does not acquire by any means, including through
159	159	purchase, donation, or breeding, an additional dangerous wild
160	160	animal on or after September 1, 2021;
161	161	(7) does not allow direct contact between the public
162	162	and the dangerous wild animal as described by Section 822.152(b);
163	163	(8) registers the dangerous wild animal with the
164	164	commission as required by Subsection (b);
165	165	(9) notifies the commission of any attack of a human by
166	166	the animal not later than 48 hours after the attack; and
167	167	(10) immediately notifies the commission and local law
168	168	enforcement of any escape of the animal from the owner's custody.
169	169	(b) An owner described by Section 822.152(c)(9) shall
170	170	annually register the owner's dangerous wild animal with the
171	171	commission on a form provided by the commission and pay the
172	172	registration fee established by the commission.
173	173	(c) The commission may establish and charge a reasonable
174	174	registration fee in an amount sufficient to cover the cost of
175	175	administering this subchapter.
176	176	Sec. 822.155. ANIMAL ATTACK OR ESCAPE; LIABILITY. (a) An
177	177	owner described by Section 822.152(c)(9) shall notify the
178	178	commission and local law enforcement agency of any escape or attack
179	179	on a human by a dangerous wild animal within 48 hours of the escape
180	180	or attack.
181	181	(b) An owner described by Section 822.152(c)(9) is liable
182	182	for all costs incurred in apprehending and confining a dangerous
183	183	wild animal that escapes the owner's custody.
184	184	(c) The commission, a local law enforcement agency, or an
185	185	employee of the commission or agency is not liable to an owner
186	186	described by Section 822.152(c)(9) for damages arising from the
187	187	escape of the owner's dangerous wild animal, including liability
188	188	for property damage, injury, or death caused by the animal or for
189	189	injury to or the death of the animal.
190	190	Sec. 822.156. SEIZURE OF DANGEROUS WILD ANIMAL; HEARING.
191	191	(a) On a showing of probable cause that a dangerous wild animal is
192	192	owned, possessed, held in custody, or controlled in violation of
193	193	this subchapter, a justice court, county court, or county court at
194	194	law in the county in which the dangerous wild animal is located
195	195	shall:
196	196	(1) order an animal control authority or a peace
197	197	officer located in the county to seize the dangerous wild animal;
198	198	(2) issue a warrant authorizing the animal's seizure;
199	199	and
200	200	(3) schedule a hearing to be held on a date not later
201	201	than the 10th day after the date the warrant is issued to determine:
202	202	(A) whether a violation of this subchapter
203	203	occurred; and
204	204	(B) the final disposition of the dangerous wild
205	205	animal.
206	206	(b) The person executing a warrant described by Subsection
207	207	(a)(2) shall serve written notice of the hearing described by
208	208	Subsection (a)(3) to the owner of the dangerous wild animal at the
209	209	time the warrant is executed.
210	210	(c) The animal control authority or peace officer shall
211	211	seize the dangerous wild animal and provide for the impoundment of
212	212	the animal in secure and humane conditions until a court determines
213	213	the disposition of the animal and issues appropriate orders. This
214	214	subsection does not prevent an animal control authority or peace
215	215	officer from impounding an animal on the property in which the
216	216	animal is located at the time of the seizure.
217	217	(d) A court on finding that a violation of this subchapter
218	218	occurred shall assess against the owner of a seized dangerous wild
219	219	animal the reasonable costs of caring for the animal, including
220	220	boarding and veterinary costs.
221	221	(e) A court's decision under this section is final and may
222	222	not be appealed.
223	223	Sec. 822.157. DISPOSITION OF CERTAIN DANGEROUS WILD
224	224	ANIMALS. (a) If a court finds that a person has kept a dangerous
225	225	wild animal in violation of this subchapter, the court shall divest
226	226	the person's ownership of the animal and order ownership of the
227	227	animal to vest in the animal control authority.
228	228	(b) The animal control authority shall make a reasonable
229	229	effort to place the animal in the custody of a wildlife sanctuary.
230	230	If the animal control authority is unable to place the animal with a
231	231	wildlife sanctuary, the animal control authority may humanely
232	232	euthanize the animal in compliance with state and federal law.
233	233	Sec. 822.158. CIVIL PENALTY. (a) A person who violates
234	234	this subchapter is liable to the county in which the violation
235	235	occurs for a civil penalty of not less than $200 and not more than
236	236	$2,000 for each animal with respect to which there is a violation
237	237	and for each day that the violation continues.
238	238	(b) A county in which the violation occurs may sue to
239	239	collect a civil penalty under this section. A civil penalty
240	240	collected under this subsection may be retained by the county.
241	241	(c) A county that sues under Subsection (b) may also recover
242	242	the reasonable costs of investigation, reasonable attorney's fees,
243	243	and other costs incurred by the county or an animal control
244	244	authority.
245	245	Sec. 822.159. INJUNCTION. A county in which a dangerous
246	246	wild animal is located or in which a person who is harmed or
247	247	threatened with harm by a violation of this subchapter may sue an
248	248	owner of a dangerous wild animal to enjoin a violation of this
249	249	subchapter.
250	250	Sec. 822.160. CRIMINAL OFFENSE; PENALTY. (a) A person
251	251	commits an offense if the person violates this subchapter. Each
252	252	animal with respect to which there is a violation and each day that
253	253	a violation continues is a separate offense.
254	254	(b) An offense under this section is a Class A misdemeanor.
255	255	SECTION 2. Section 42.01(e), Penal Code, is amended to read
256	256	as follows:
257	257	(e) It is a defense to prosecution for an offense under
258	258	Subsection (a)(7) or (9) that the person who discharged the firearm
259	259	had a reasonable fear of bodily injury to the person or to another
260	260	by a dangerous wild animal as defined by Section 822.151 [822.101],
261	261	Health and Safety Code.
262	262	SECTION 3. Section 42.092(d), Penal Code, is amended to
263	263	read as follows:
264	264	(d) It is a defense to prosecution under this section that:
265	265	(1) the actor had a reasonable fear of bodily injury to
266	266	the actor or to another person by a dangerous wild animal as defined
267	267	by Section 822.151 [822.101], Health and Safety Code; or
268	268	(2) the actor was engaged in bona fide experimentation
269	269	for scientific research.
270	270	SECTION 4. On January 1, 2022, Subchapter E, Chapter 822,
271	271	Health and Safety Code, is repealed.
272	272	SECTION 5. (a) Section 822.113, Health and Safety Code, as
273	273	repealed by this Act, applies only to an offense committed before
274	274	September 1, 2021. An offense committed before that date is
275	275	governed by the law in effect on the date the offense was committed,
276	276	and the former law is continued in effect for that purpose. For
277	277	purposes of this subsection, an offense was committed before that
278	278	date if any element of the offense occurred before that date.
279	279	(b) Section 822.160, Health and Safety Code, as added by
280	280	this Act, applies only to an offense committed on or after the
281	281	effective date of this Act. An offense committed before the
282	282	effective date of this Act is governed by the law in effect on the
283	283	date the offense was committed, and the former law is continued in
284	284	effect for that purpose. For purposes of this section, an offense
285	285	was committed before the effective date of this Act if any element
286	286	of the offense occurred before that date.
287	287	(c) Not later than November 1, 2021, the executive
288	288	commissioner of the Health and Human Services Commission shall
289	289	adopt rules, establish the fees, and prescribe the application form
290	290	necessary to implement Subchapter F, Chapter 822, Health and Safety
291	291	Code, as added by this Act.
292	292	(d) Notwithstanding Subchapter F, Chapter 822, Health and
293	293	Safety Code, as added by this Act, an owner of a dangerous wild
294	294	animal is not required to comply with Subchapter F, Chapter 822,
295	295	Health and Safety Code, as added by this Act, or rules adopted under
296	296	that subchapter until January 1, 2022.
297	297	SECTION 6. This Act takes effect September 1, 2021.