Bill Text: TX HB3482 | 2023-2024 | 88th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Introduced.html
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-Introduced.html
88R12412 MPF-D | ||
By: Turner | 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) and (f) to read as follows: | ||
(b-1) The commission may not issue a permit for a | ||
nonindigenous snake under this subchapter if: | ||
(1) possession of the snake violates a county order or | ||
municipal ordinance in the county or municipality in which the | ||
snake is to be kept; or | ||
(2) the snake is venomous and the necessary antivenom | ||
is not readily available at a hospital within 50 miles of the | ||
location where the snake is to be kept. | ||
(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. Sections 43.856(a) and (c), Parks and Wildlife | ||
Code, are amended to read as follows: | ||
(a) Except as provided by Subsection (b) or (c), a person | ||
who violates this subchapter or a rule adopted under this | ||
subchapter commits an offense that is a Class B [ |
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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) 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) Section 43.851, Parks and Wildlife Code, as amended by | ||
this Act, applies only to a permit issued on or after the effective | ||
date of this Act. | ||
SECTION 8. 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 9. 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 10. This Act takes effect September 1, 2023. |