86R6263 SCL-F
	By: Lucio III	H.B. No. 1268

	A BILL TO BE ENTITLED
	AN ACT
	relating to dangerous wild animals; providing penalties; creating a
	criminal offense; authorizing a fee.
	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. REGULATION OF DANGEROUS WILD ANIMALS
	Sec. 822.151.  DEFINITIONS. In this subchapter:
	(1)  "Animal control authority" means the sheriff of a
	county in which a dangerous wild animal is located.
	(2)  "Animal shelter" means a municipal or county
	animal shelter or an animal shelter operated by a nonprofit
	charitable organization established primarily to shelter and care
	for stray and abandoned animals.
	(3)  "Commission" means the Health and Human Services
	Commission.
	(4)  "Dangerous wild animal" means:
	(A)  a baboon;
	(B)  a bear;
	(C)  a cheetah;
	(D)  a chimpanzee;
	(E)  a clouded leopard;
	(F)  a cougar;
	(G)  a gorilla;
	(H)  a hyena;
	(I)  a jaguar;
	(J)  a leopard;
	(K)  a lion;
	(L)  a macaque;
	(M)  an orangutan;
	(N)  a snow leopard;
	(O)  a tiger; or
	(P)  any hybrid or subspecies of an animal listed
	in this subdivision.
	(5)  "Owner" means any person who owns, possesses, or
	has custody or control of a dangerous wild animal.
	(6)  "Person" means an individual, partnership,
	corporation, trust, estate, joint stock company, foundation, or
	association of individuals.
	(7)  "Wildlife sanctuary" means a charitable
	organization that is exempt from taxation under Section 501(c)(3),
	Internal Revenue Code of 1986, that is described by Section
	170(b)(1)(A)(vi), Internal Revenue Code of 1986, and that:
	(A)  operates a place of refuge where an abused,
	neglected, unwanted, impounded, abandoned, orphaned, or displaced
	wild animal is provided care for the animal's lifetime; and
	(B)  with respect to a dangerous wild animal owned
	by or in the custody or control of the organization, does not:
	(i)  conduct a commercial activity,
	including the sale, trade, auction, lease, or loan of the animal or
	parts of the animal, or use the animal in any manner in a for-profit
	business or operation;
	(ii)  breed the animal;
	(iii)  allow direct contact between the
	public and the animal; or
	(iv)  allow off-site transportation and
	display of the animal.
	Sec. 822.152.  DANGEROUS WILD ANIMALS PROHIBITED;
	EXCEPTIONS. (a)  Except as provided by this section, a person may
	not own, possess, sell, transfer, breed, or have custody or control
	of a dangerous wild animal.
	(b)  The prohibition under Subsection (a) does not apply to:
	(1)  a county, municipality, or agency of this state,
	an agency of the United States, or an agent or official of a county,
	municipality, or agency acting in the agent's or official's
	official capacity;
	(2)  a research facility, as defined by Section 2(e),
	Animal Welfare Act (7 U.S.C. Section 2132(e)), that is licensed by
	the secretary of the United States Department of Agriculture under
	that Act;
	(3)  a person holding a Class "A", Class "B", or Class
	"C" license issued by the United States secretary of agriculture
	under the Animal Welfare Act (7 U.S.C. Section 2131 et seq.) if the
	person complies with Section 822.153;
	(4)  a wildlife sanctuary;
	(5)  a veterinary hospital providing treatment to a
	dangerous wild animal;
	(6)  a person who holds a rehabilitation permit issued
	under Subchapter C, Chapter 43, Parks and Wildlife Code, while
	rehabilitating the dangerous wild animal;
	(7)  a college or university that began displaying a
	dangerous wild animal as a mascot before September 1, 2019, and does
	not allow direct contact between the public and the mascot;
	(8)  an animal shelter temporarily housing a dangerous
	wild animal seized under Section 822.156 or the written request of
	an animal control authority or a law enforcement agency acting
	under this subchapter; or
	(9)  an owner lawfully in possession of a dangerous
	wild animal before September 1, 2019, if the owner complies with
	Section 822.154.
	Sec. 822.153.  REGULATION OF CERTAIN LICENSE HOLDERS. A
	person described by Section 822.152(b)(3) may possess a dangerous
	wild animal if:
	(1)  the person's license described by that section is
	in good standing;
	(2)  the person has not been convicted of or fined for
	an offense involving the abuse or neglect of any animal under local,
	state, or federal law;
	(3)  none of the person's employees with responsibility
	for the security or care of the dangerous wild animal have been
	convicted of or fined for an offense described by Subdivision (2);
	(4)  the person has not been cited by the United States
	Department of Agriculture under the Animal Welfare Act (7 U.S.C.
	Section 2131 et seq.) within the preceding three years for:
	(A)  failure to allow a facility inspection; or
	(B)  interference with a facility inspection;
	(5)  the person has not been cited in an inspection
	report by the United States Department of Agriculture under the
	Animal Welfare Act for any violations during the preceding three
	years related to a dangerous wild animal's health and safety being
	jeopardized by:
	(A)  inappropriate veterinary care;
	(B)  inappropriate handling of the animal causing
	stress or trauma to the animal or a threat to public safety;
	(C)  inappropriate provision of food, water,
	shelter, or space; or
	(D)  any infraction cited as a direct violation;
	(6)  the person has not received any official notice of
	warning or entered into stipulations, consent decrees, or
	settlements with the United States Department of Agriculture during
	the preceding five years;
	(7)  the person discloses any known pending
	investigation of the person by the United States Department of
	Agriculture;
	(8)  the person maintains liability insurance in an
	amount not less than $100,000 for each occurrence of property
	damage, bodily injury, or death caused by a dangerous wild animal
	possessed by the person;
	(9)  the person has not had a license or permit for the
	care, possession, exhibition, propagation, or sale of animals
	revoked or suspended by any local, state, or federal agency; and
	(10)  the person has a written plan, including
	protocols for training staff on methods of safe recapture, filed
	with the appropriate animal control authority for the quick and
	safe recapture or destruction for each of the person's dangerous
	wild animals if the animal escapes.
	Sec. 822.154.  REGULATION OF CERTAIN OWNERS; REGISTRATION;
	FEE. (a) An owner described by Section 822.152(b)(9) may possess a
	dangerous wild animal if the owner:
	(1)  has veterinary records or acquisition papers that
	establish ownership of the dangerous wild animal before September
	1, 2019;
	(2)  has not been convicted of an offense involving
	cruelty to an animal;
	(3)  has not had a license or permit relating to the
	care, possession, exhibition, breeding, or sale of a dangerous wild
	animal revoked or suspended by any local, state, or federal agency;
	(4)  has developed and is prepared to implement an
	emergency plan for responding to the escape of or an attack by the
	dangerous wild animal and has provided the plan to the commission
	and animal control authority at the time the owner registers the
	animal under Subsection (b);
	(5)  has provided a list of the owner's dangerous wild
	animals to the commission and animal control authority;
	(6)  does not acquire by any means, including through
	purchase, donation, or breeding, an additional dangerous wild
	animal on or after September 1, 2019;
	(7)  does not allow direct contact between the public
	and the dangerous wild animal;
	(8)  registers the dangerous wild animal with the
	commission as required by Subsection (b);
	(9)  notifies the commission of any attack of a human by
	the animal not later than 48 hours after the attack; and
	(10)  immediately notifies the commission and local law
	enforcement of any escape of the animal from the owner's custody.
	(b)  An owner described by Section 822.152(b)(9) shall
	annually register the owner's dangerous wild animal with the
	commission on a form provided by the commission and pay the
	registration fee established by the commission.
	(c)  The commission may establish and charge a reasonable
	registration fee in an amount sufficient to cover the cost of
	administering this subchapter.
	Sec. 822.155.  LIABILITY.  (a)  An owner described by Section
	822.152(b)(9) is liable for all costs incurred in apprehending and
	confining a dangerous wild animal that escapes the owner's custody.
	(b)  The commission, a local law enforcement agency, or an
	employee of the commission or agency is not liable to an owner
	described by Section 822.152(b)(9) for damages arising from the
	escape of the owner's dangerous wild animal, including liability
	for property damage, injury, or death caused by the animal or for
	injury to or the death of the animal.
	Sec. 822.156.  SEIZURE OF DANGEROUS WILD ANIMAL; HEARING.
	(a) On a showing of probable cause that a dangerous wild animal is
	owned, possessed, held in custody, or controlled in violation of
	this subchapter, a justice court, county court, or county court at
	law in the county in which the dangerous wild animal is located
	shall:
	(1)  order an animal control authority or a peace
	officer located in the county to seize the dangerous wild animal;
	(2)  issue a warrant authorizing the animal's seizure;
	and
	(3)  schedule a hearing to be held on a date not later
	than the 10th day after the date the warrant is issued to determine:
	(A)  whether a violation of this subchapter
	occurred; and
	(B)  the final disposition of the dangerous wild
	animal.
	(b)  The person executing a warrant described by Subsection
	(a)(2) shall serve written notice of the hearing described by
	Subsection (a)(3) to the owner of the dangerous wild animal at the
	time the warrant is executed.
	(c)  The animal control authority or peace officer shall
	seize the dangerous wild animal and provide for the impoundment of
	the animal in secure and humane conditions until a court determines
	the disposition of the animal and issues appropriate orders. This
	subsection does not prevent an animal control authority or peace
	officer from impounding an animal on the property in which the
	animal is located at the time of the seizure.
	(d)  A court on finding that a violation of this subchapter
	occurred shall assess against the owner of a seized dangerous wild
	animal the reasonable costs of caring for the animal, including
	boarding and veterinary costs.
	(e)  A court's decision under this section is final and may
	not be appealed.
	Sec. 822.157.  DISPOSITION OF CERTAIN DANGEROUS WILD
	ANIMALS. (a) If a court finds that a person has kept a dangerous
	wild animal in violation of this subchapter, the court shall divest
	the person's ownership of the animal and order ownership of the
	animal to vest in the animal control authority.
	(b)  The animal control authority shall make a reasonable
	effort to place the animal in the custody of a wildlife sanctuary.
	If the animal control authority is unable to place the animal with a
	wildlife sanctuary, the animal control authority may humanely
	euthanize the animal in compliance with state and federal law.
	Sec. 822.158.  CIVIL PENALTY. (a) A person who violates
	this subchapter is liable to the county in which the violation
	occurs for a civil penalty of not less than $200 and not more than
	$2,000 for each animal with respect to which there is a violation
	and for each day that the violation continues.
	(b)  A county in which the violation occurs may sue to
	collect a civil penalty under this section. A civil penalty
	collected under this subsection may be retained by the county.
	(c)  A county that sues under Subsection (b) may also recover
	the reasonable costs of investigation, reasonable attorney's fees,
	and other costs incurred by the county or an animal control
	authority.
	Sec. 822.159.  INJUNCTION. A county in which a dangerous
	wild animal is located or in which a person who is harmed or
	threatened with harm by a violation of this subchapter may sue an
	owner of a dangerous wild animal to enjoin a violation of this
	subchapter.
	Sec. 822.160.  OFFENSE; PENALTY. (a) A person commits an
	offense if the person violates this subchapter. Each animal with
	respect to which there is a violation and each day that a violation
	continues is a separate offense.
	(b)  An offense under this section is a Class A misdemeanor.
	SECTION 2.  Section 42.01(e), Penal Code, is amended to read
	as follows:
	(e)  It is a defense to prosecution for an offense under
	Subsection (a)(7) or (9) that the person who discharged the firearm
	had a reasonable fear of bodily injury to the person or to another
	by a dangerous wild animal as defined by Section 822.151 [822.101],
	Health and Safety Code.
	SECTION 3.  Section 42.092(d), Penal Code, is amended to
	read as follows:
	(d)  It is a defense to prosecution under this section that:
	(1)  the actor had a reasonable fear of bodily injury to
	the actor or to another person by a dangerous wild animal as defined
	by Section 822.151 [822.101], Health and Safety Code; or
	(2)  the actor was engaged in bona fide experimentation
	for scientific research.
	SECTION 4.  On January 1, 2020, Subchapter E, Chapter 822,
	Health and Safety Code, is repealed.
	SECTION 5.  (a) Section 822.113, Health and Safety Code, as
	repealed by this Act, applies only to an offense committed before
	September 1, 2019. An offense committed before that date is
	governed by the law in effect on the date the offense was committed,
	and the former law is continued in effect for that purpose. For
	purposes of this subsection, an offense was committed before that
	date if any element of the offense occurred before that date.
	(b)  Section 822.160, Health and Safety Code, as added by
	this Act, applies only to an offense committed on or after the
	effective date of this Act. An offense committed before the
	effective date of this Act is governed by the law in effect on the
	date the offense was committed, and the former law is continued in
	effect for that purpose. For purposes of this section, an offense
	was committed before the effective date of this Act if any element
	of the offense occurred before that date.
	(c)  Not later than November 1, 2019, the executive
	commissioner of the Health and Human Services Commission shall
	adopt rules, establish the fees, and prescribe the application form
	necessary to implement Subchapter F, Chapter 822, Health and Safety
	Code, as added by this Act.
	(d)  Notwithstanding Subchapter F, Chapter 822, Health and
	Safety Code, as added by this Act, an owner of a dangerous wild
	animal is not required to comply with Subchapter F, Chapter 822,
	Health and Safety Code, as added by this Act, or rules adopted under
	that subchapter until January 1, 2020.
	SECTION 6.  This Act takes effect September 1, 2019.