Texas 2023 - 88th Regular

Texas House Bill HB3482 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R21520 MPF-F
2	2	By: Turner H.B. No. 3482
3	3	Substitute the following for H.B. No. 3482:
4	4	By: Ashby C.S.H.B. No. 3482
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the possession of dangerous wild animals and live
10	10	nonindigenous snakes in certain counties and municipalities;
11	11	increasing criminal penalties.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 822.103, Health and Safety Code, is
14	14	amended by adding Subsections (b-1) and (d) to read as follows:
15	15	(b-1) An animal registration agency may not issue a
16	16	certificate of registration for an animal under this subchapter if
17	17	possession of the animal violates a county order or municipal
18	18	ordinance in the county or municipality in which the animal is to be
19	19	kept.
20	20	(d) On issuance of a certificate of registration for an
21	21	animal under this subchapter, the animal registration agency shall
22	22	notify, in writing, the county or municipality in which the animal
23	23	is to be kept.
24	24	SECTION 2. Section 822.108, Health and Safety Code, is
25	25	amended to read as follows:
26	26	Sec. 822.108. INSPECTION. An owner of a dangerous wild
27	27	animal, at all reasonable times, shall allow the animal
28	28	registration agency, its staff, its agents, [or] a designated
29	29	licensed veterinarian, or an agent or officer of the county or
30	30	municipality in which the animal is kept to enter the premises where
31	31	the animal is kept and to inspect the animal, the primary enclosure
32	32	for the animal, and the owner's records relating to the animal to
33	33	ensure compliance with this subchapter.
34	34	SECTION 3. Section 822.113, Health and Safety Code, is
35	35	amended by amending Subsection (c) and adding Subsection (d) to
36	36	read as follows:
37	37	(c) Except as provided by Subsection (d), an [An] offense
38	38	under this section is a Class B [C] misdemeanor.
39	39	(d) An offense under this section is a Class A misdemeanor
40	40	if it is shown on trial of the offense that the defendant has been
41	41	previously convicted of an offense under this section.
42	42	SECTION 4. Section 43.851, Parks and Wildlife Code, is
43	43	amended by adding Subsections (b-1), (b-2), and (f) to read as
44	44	follows:
45	45	(b-1) The commission may not issue a permit for a
46	46	nonindigenous snake under this subchapter if possession of the
47	47	snake violates a county order or municipal ordinance in the county
48	48	or municipality in which the snake is to be kept.
49	49	(b-2) The commission by rule shall require a county or
50	50	municipality to notify the commission of the adoption, amendment,
51	51	or repeal of an order or ordinance affecting a person's ability to
52	52	possess a nonindigenous snake in the county or municipality.
53	53	(f) On issuing a permit under this subchapter, the
54	54	commission shall notify, in writing, the county or municipality in
55	55	which the snake is to be kept.
56	56	SECTION 5. Section 43.852, Parks and Wildlife Code, is
57	57	amended to read as follows:
58	58	Sec. 43.852. INSPECTION OF PERMIT AND RECORDS. An
59	59	authorized department employee, or an agent or officer of the
60	60	county or municipality in which the snake is kept, may inspect at
61	61	any time and without a warrant a permit or any records required by
62	62	this subchapter.
63	63	SECTION 6. Section 43.856, Parks and Wildlife Code, is
64	64	amended by amending Subsections (a) and (c) and adding Subsection
65	65	(a-1) to read as follows:
66	66	(a) Except as provided by this section [Subsection (b) or
67	67	(c)], a person who violates this subchapter or a rule adopted under
68	68	this subchapter commits an offense that is a Class C Parks and
69	69	Wildlife Code misdemeanor.
70	70	(a-1) If it is shown at the trial of the defendant for a
71	71	violation of this subchapter or a rule adopted under this
72	72	subchapter that the defendant has previously been convicted of a
73	73	violation of this subchapter or a rule adopted under this
74	74	subchapter, on conviction the defendant shall be punished for a
75	75	Class B Parks and Wildlife Code misdemeanor.
76	76	(c) If it is shown at the trial of the defendant for a
77	77	violation of this subchapter or a rule adopted under this
78	78	subchapter that the defendant has engaged in a commercial activity
79	79	without holding a required permit and the defendant has been
80	80	previously convicted of a violation of this subchapter or a rule
81	81	adopted under this subchapter, on conviction the defendant shall be
82	82	punished for a Class A [B] Parks and Wildlife Code misdemeanor.
83	83	SECTION 7. (a) Not later than December 1, 2023, the Parks
84	84	and Wildlife Commission shall adopt the rules required by Section
85	85	43.851(b-2), Parks and Wildlife Code, as added by this Act.
86	86	(b) Not later than January 1, 2024, each county or
87	87	municipality shall notify the commission of any order or ordinance
88	88	affecting a person's ability to possess a nonindigenous snake in
89	89	effect in that county or municipality, regardless of whether the
90	90	order or ordinance was adopted before, on, or after the effective
91	91	date of this Act.
92	92	SECTION 8. (a) Section 822.103, Health and Safety Code, as
93	93	amended by this Act, applies only to a certificate of registration
94	94	issued or renewed on or after the effective date of this Act.
95	95	(b) Sections 43.851(b-1) and (f), Parks and Wildlife Code,
96	96	as added by this Act, apply only to a permit issued on or after the
97	97	effective date of this Act.
98	98	SECTION 9. Section 822.108, Health and Safety Code, as
99	99	amended by this Act, and Section 43.852, Parks and Wildlife Code, as
100	100	amended by this Act, apply to an inspection conducted on or after
101	101	the effective date of this Act.
102	102	SECTION 10. Section 822.113, Health and Safety Code, as
103	103	amended by this Act, and Section 43.856, Parks and Wildlife Code, as
104	104	amended by this Act, apply only to an offense committed on or after
105	105	the effective date of this Act. An offense committed before the
106	106	effective date of this Act is governed by the law in effect on the
107	107	date the offense was committed, and the former law is continued in
108	108	effect for that purpose. For purposes of this section, an offense
109	109	was committed before the effective date of this Act if any element
110	110	of the offense was committed before that date.
111	111	SECTION 11. This Act takes effect September 1, 2023.