Bill Text: TX SB1395 | 2013-2014 | 83rd Legislature | Engrossed
Bill Title: Relating to the regulation of dangerous wild animals.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Engrossed - Dead) 2013-05-10 - Committee report sent to Calendars [SB1395 Detail]
Download: Texas-2013-SB1395-Engrossed.html
By: Estes, Campbell | S.B. No. 1395 |
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relating to the regulation of dangerous wild animals. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 822.101, Health and Safety Code, is | ||
amended by adding Subdivision (8) to read as follows: | ||
(8) "Wildlife sanctuary" means a public charitable | ||
organization that: | ||
(A) is exempt from taxation under Section 501(a), | ||
Internal Revenue Code of 1986, by being listed as an exempt | ||
organization under Section 501(c)(3) of that code; | ||
(B) is described by Section 170(b)(1)(A)(vi), | ||
Internal Revenue Code of 1986; | ||
(C) operates a place of refuge where an abused, | ||
neglected, unwanted, impounded, abandoned, orphaned, or displaced | ||
wild animal is: | ||
(i) provided care for the animal's | ||
lifetime; | ||
(ii) transferred to another wildlife | ||
sanctuary; or | ||
(iii) released back to the animal's natural | ||
habitat; and | ||
(D) with respect to a wild animal owned by the | ||
organization, does not: | ||
(i) conduct any commercial activity; or | ||
(ii) breed the animal. | ||
SECTION 2. Section 822.102, Health and Safety Code, is | ||
amended by amending Subsection (a) and adding Subsection (c) to | ||
read as follows: | ||
(a) Except as otherwise provided by Subsection (c), this | ||
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(1) a county, municipality, or agency of the state or | ||
an agency of the United States or an agent or official of a county, | ||
municipality, or agency acting in an official capacity; | ||
(2) a research facility, as that term is defined by | ||
Section 2(e), Animal Welfare Act (7 U.S.C. Section 2132), and its | ||
subsequent amendments, that is licensed by the secretary of | ||
agriculture of the United States under that Act; | ||
(3) an organization that is an accredited member of | ||
the [ |
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(4) an injured, infirm, orphaned, or abandoned | ||
dangerous wild animal while being transported for care or | ||
treatment; | ||
(5) a sick or [ |
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treated[ |
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licensed veterinarian[ |
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under Subchapter C, Chapter 43, Parks and Wildlife Code, for the | ||
animal being rehabilitated or treated; | ||
(6) a dangerous wild animal owned by and in the custody | ||
and control of a transient circus company that is not based in this | ||
state if: | ||
(A) the animal is used as an integral part of the | ||
circus performances; and | ||
(B) the animal is kept within this state only | ||
during the time the circus is performing in this state or for a | ||
period not to exceed 30 days while the circus is performing outside | ||
the United States; | ||
(7) a dangerous wild animal while in the temporary | ||
custody or control of a television or motion picture production | ||
company during the filming of a television or motion picture | ||
production in this state; | ||
(8) a dangerous wild animal owned by and in the | ||
possession, custody, or control of a college or university solely | ||
as a mascot for the college or university; | ||
(9) a dangerous wild animal while being transported in | ||
interstate commerce through the state in compliance with the Animal | ||
Welfare Act (7 U.S.C. Section 2131 et seq.) and its subsequent | ||
amendments and the regulations adopted under that Act; | ||
(10) a nonhuman primate owned by and in the control and | ||
custody of a person whose only business is supplying nonhuman | ||
primates directly and exclusively to biomedical research | ||
facilities and who holds a Class "A" or Class "B" dealer's license | ||
issued by the secretary of agriculture of the United States under | ||
the Animal Welfare Act (7 U.S.C. Section 2131 et seq.) and its | ||
subsequent amendments; | ||
(11) a dangerous wild animal that is: | ||
(A) owned by or in the possession, control, or | ||
custody of a person who is a participant in a species survival plan | ||
of the [ |
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Aquariums for that species; and | ||
(B) an integral part of that species survival | ||
plan; [ |
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(12) in a county west of the Pecos River that has a | ||
population of less than 25,000, a cougar, bobcat, or coyote in the | ||
possession, custody, or control of a person that has trapped the | ||
cougar, bobcat, or coyote as part of a predator or depredation | ||
control activity; | ||
(13) an organization that is an accredited member of | ||
the Zoological Association of America; and | ||
(14) a wildlife sanctuary that is verified or | ||
accredited by: | ||
(A) the Global Federation of Animal Sanctuaries; | ||
(B) the American Sanctuary Association; or | ||
(C) a successor nonprofit organization that is | ||
similar to the Global Federation of Animal Sanctuaries or the | ||
American Sanctuary Association and is designated by the Department | ||
of State Health Services if the Global Federation of Animal | ||
Sanctuaries or the American Sanctuary Association ceases to exist. | ||
(c) Section 822.1025 applies to an organization described | ||
by Subsection (a)(13) and a wildlife sanctuary described by | ||
Subsection (a)(14). | ||
SECTION 3. Subchapter E, Chapter 822, Health and Safety | ||
Code, is amended by adding Section 822.1025 to read as follows: | ||
Sec. 822.1025. DUTIES OF CERTAIN ENTITIES. (a) Not later | ||
than December 31 of each year, an organization described by Section | ||
822.102(a)(13) or a wildlife sanctuary described by Section | ||
822.102(a)(14) shall provide to the animal registration agency and | ||
the department an annual notification, on a form provided by the | ||
department, that includes: | ||
(1) the name, address, and telephone number of the | ||
organization or sanctuary; | ||
(2) a complete identification of each dangerous wild | ||
animal in the custody and control of the organization or sanctuary, | ||
including species, sex, and age, if known; and | ||
(3) the exact location where each animal is to be kept. | ||
(b) Not later than the 10th day after the date on which an | ||
organization described by Section 822.102(a)(13) or a wildlife | ||
sanctuary described by Section 822.102(a)(14) acquires a dangerous | ||
wild animal, the organization or sanctuary shall provide to the | ||
animal registration agency and the department an update to the | ||
annual notification described by Subsection (a). | ||
(c) The animal registration agency may establish and charge | ||
reasonable fees for the notification under this section in order to | ||
recover the costs associated with the administration and | ||
enforcement of this section. The fee under this subsection may not | ||
exceed $50 for each animal listed in the notice and may not exceed | ||
$500, regardless of the number of animals listed in the notice. | ||
(d) The department may charge a reasonable fee in an amount | ||
sufficient to recover the costs associated with accepting and | ||
processing a notification under this section. | ||
(e) Sections 822.107 and 822.110 apply to an organization | ||
described by Section 822.102(a)(13) or a wildlife sanctuary | ||
described by Section 822.102(a)(14). | ||
(f) An organization described by Section 822.102(a)(13) or | ||
a wildlife sanctuary described by Section 822.102(a)(14) that | ||
violates Subsections (a)-(d) is subject to Sections | ||
822.113-822.115 as if the organization or sanctuary had violated | ||
Section 822.103(a). An organization or sanctuary that violates | ||
Subsection (e) is subject to Sections 822.113 and 822.115, as | ||
applicable. | ||
SECTION 4. (a) Except as otherwise provided by Subsection | ||
(b) of this section, each animal registration agency in this state | ||
and the Department of State Health Services shall establish | ||
procedures to comply with Section 822.1025, Health and Safety Code, | ||
as added by this Act, not later than January 1, 2014. | ||
(b) An animal registration agency is not required to | ||
establish procedures under Subsection (a) of this section if the | ||
municipality or county in which the agency is located prohibits the | ||
ownership, possession, or confinement of dangerous wild animals as | ||
defined by Section 822.101, Health and Safety Code. | ||
SECTION 5. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2013. |