Bill Text: TX HB3482 | 2023-2024 | 88th Legislature | Comm Sub
Bill Title: Relating to the possession of dangerous wild animals and live nonindigenous snakes in certain counties and municipalities; increasing criminal penalties.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-04-25 - Committee report sent to Calendars [HB3482 Detail]
Download: Texas-2023-HB3482-Comm_Sub.html
88R21520 MPF-F | |||
By: Turner | H.B. No. 3482 | ||
Substitute the following for H.B. No. 3482: | |||
By: Ashby | C.S.H.B. No. 3482 |
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relating to the possession of dangerous wild animals and live | ||
nonindigenous snakes in certain counties and municipalities; | ||
increasing criminal penalties. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 822.103, Health and Safety Code, is | ||
amended by adding Subsections (b-1) and (d) to read as follows: | ||
(b-1) An animal registration agency may not issue a | ||
certificate of registration for an animal under this subchapter if | ||
possession of the animal violates a county order or municipal | ||
ordinance in the county or municipality in which the animal is to be | ||
kept. | ||
(d) On issuance of a certificate of registration for an | ||
animal under this subchapter, the animal registration agency shall | ||
notify, in writing, the county or municipality in which the animal | ||
is to be kept. | ||
SECTION 2. Section 822.108, Health and Safety Code, is | ||
amended to read as follows: | ||
Sec. 822.108. INSPECTION. An owner of a dangerous wild | ||
animal, at all reasonable times, shall allow the animal | ||
registration agency, its staff, its agents, [ |
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licensed veterinarian, or an agent or officer of the county or | ||
municipality in which the animal is kept to enter the premises where | ||
the animal is kept and to inspect the animal, the primary enclosure | ||
for the animal, and the owner's records relating to the animal to | ||
ensure compliance with this subchapter. | ||
SECTION 3. Section 822.113, Health and Safety Code, is | ||
amended by amending Subsection (c) and adding Subsection (d) to | ||
read as follows: | ||
(c) Except as provided by Subsection (d), an [ |
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under this section is a Class B [ |
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(d) An offense under this section is a Class A misdemeanor | ||
if it is shown on trial of the offense that the defendant has been | ||
previously convicted of an offense under this section. | ||
SECTION 4. Section 43.851, Parks and Wildlife Code, is | ||
amended by adding Subsections (b-1), (b-2), and (f) to read as | ||
follows: | ||
(b-1) The commission may not issue a permit for a | ||
nonindigenous snake under this subchapter if possession of the | ||
snake violates a county order or municipal ordinance in the county | ||
or municipality in which the snake is to be kept. | ||
(b-2) The commission by rule shall require a county or | ||
municipality to notify the commission of the adoption, amendment, | ||
or repeal of an order or ordinance affecting a person's ability to | ||
possess a nonindigenous snake in the county or municipality. | ||
(f) On issuing a permit under this subchapter, the | ||
commission shall notify, in writing, the county or municipality in | ||
which the snake is to be kept. | ||
SECTION 5. Section 43.852, Parks and Wildlife Code, is | ||
amended to read as follows: | ||
Sec. 43.852. INSPECTION OF PERMIT AND RECORDS. An | ||
authorized department employee, or an agent or officer of the | ||
county or municipality in which the snake is kept, may inspect at | ||
any time and without a warrant a permit or any records required by | ||
this subchapter. | ||
SECTION 6. Section 43.856, Parks and Wildlife Code, is | ||
amended by amending Subsections (a) and (c) and adding Subsection | ||
(a-1) to read as follows: | ||
(a) Except as provided by this section [ |
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this subchapter commits an offense that is a Class C Parks and | ||
Wildlife Code misdemeanor. | ||
(a-1) If it is shown at the trial of the defendant for a | ||
violation of this subchapter or a rule adopted under this | ||
subchapter that the defendant has previously been convicted of a | ||
violation of this subchapter or a rule adopted under this | ||
subchapter, on conviction the defendant shall be punished for a | ||
Class B Parks and Wildlife Code misdemeanor. | ||
(c) If it is shown at the trial of the defendant for a | ||
violation of this subchapter or a rule adopted under this | ||
subchapter that the defendant has engaged in a commercial activity | ||
without holding a required permit and the defendant has been | ||
previously convicted of a violation of this subchapter or a rule | ||
adopted under this subchapter, on conviction the defendant shall be | ||
punished for a Class A [ |
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SECTION 7. (a) Not later than December 1, 2023, the Parks | ||
and Wildlife Commission shall adopt the rules required by Section | ||
43.851(b-2), Parks and Wildlife Code, as added by this Act. | ||
(b) Not later than January 1, 2024, each county or | ||
municipality shall notify the commission of any order or ordinance | ||
affecting a person's ability to possess a nonindigenous snake in | ||
effect in that county or municipality, regardless of whether the | ||
order or ordinance was adopted before, on, or after the effective | ||
date of this Act. | ||
SECTION 8. (a) Section 822.103, Health and Safety Code, as | ||
amended by this Act, applies only to a certificate of registration | ||
issued or renewed on or after the effective date of this Act. | ||
(b) Sections 43.851(b-1) and (f), Parks and Wildlife Code, | ||
as added by this Act, apply only to a permit issued on or after the | ||
effective date of this Act. | ||
SECTION 9. Section 822.108, Health and Safety Code, as | ||
amended by this Act, and Section 43.852, Parks and Wildlife Code, as | ||
amended by this Act, apply to an inspection conducted on or after | ||
the effective date of this Act. | ||
SECTION 10. Section 822.113, Health and Safety Code, as | ||
amended by this Act, and Section 43.856, Parks and Wildlife Code, as | ||
amended by this Act, apply 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 was committed before that date. | ||
SECTION 11. This Act takes effect September 1, 2023. |