89R15957 DNC-D
By: Hayes H.B. No. 5042
A BILL TO BE ENTITLED
AN ACT
relating to state preemption of and the effect of certain state
health and safety laws on certain municipal and county regulations,
including a law providing that an elephant is a dangerous wild
animal.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 102A.002, Civil Practice and Remedies
Code, is amended to read as follows:
Sec. 102A.002. LIABILITY FOR CERTAIN REGULATION. Any
person who has sustained an injury in fact, actual or threatened,
from a municipal or county ordinance, order, or rule adopted or
enforced by a municipality or county in violation of any of the
following provisions or a trade association representing the person
has standing to bring and may bring an action against the
municipality or county:
(1) Section 1.004, Agriculture Code;
(2) Section 1.109, Business & Commerce Code;
(3) Section 1.004, Finance Code;
(4) Section 1.006, Health and Safety Code;
(5) Section 30.005, Insurance Code;
(6) [(5)] Section 1.005, Labor Code;
(7) [(6)] Section 229.901, Local Government Code;
(8) [(7)] Section 1.003, Natural Resources Code;
(9) [(8)] Section 1.004, Occupations Code; or
(10) [(9)] Section 1.004, Property Code.
SECTION 2. Chapter 1, Health and Safety Code, is amended by
adding Section 1.006 to read as follows:
Sec. 1.006. PREEMPTION. Unless expressly authorized by
another statute, a municipality or county may not adopt, enforce,
or maintain an ordinance, order, or rule regulating conduct in a
field of regulation that is occupied by a provision of this code. An
ordinance, order, or rule that violates this section is void,
unenforceable, and inconsistent with this code.
SECTION 3. Section 822.101(4), Health and Safety Code, is
amended to read as follows:
(4) "Dangerous wild animal" means:
(A) a lion;
(B) a tiger;
(C) an ocelot;
(D) a cougar;
(E) a leopard;
(F) a cheetah;
(G) a jaguar;
(H) a bobcat;
(I) a lynx;
(J) a serval;
(K) a caracal;
(L) a hyena;
(M) a bear;
(N) a coyote;
(O) a jackal;
(P) a baboon;
(Q) a chimpanzee;
(R) an orangutan;
(S) a gorilla;
(T) an elephant; or
(U) [(T)] any hybrid of an animal listed in this
subdivision.
SECTION 4. Chapter 102A, Civil Practice and Remedies Code,
as amended by this Act, applies only to a cause of action that
accrues on or after the effective date of this Act.
SECTION 5. This Act takes effect September 1, 2025.