HBA-NLM H.B. 1868 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1868
By: Farrar
County Affairs
3/19/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, a commissioners court of a county has the authority to prohibit
or regulate the keeping of wild animals. Texas statute does not expressly
authorize the county to impose a fee to license or permit the keeping of
such wild animals.  This bill  authorizes a commissioners court to charge a
fee for permitting dangerous wild animals.  H.B. 1868 expands the
definition of  "wild animal" by including a lion, tiger, ocelot, cougar,
leopard, cheetah, jaguar, and other nondomestic animals.  This bill
authorizes the commissioners court to establish a fee for each wild animal
regulated under this subchapter to recover the costs associated with that
regulation.  In addition, this bill authorizes the county to use the fees
collected for administrative purposes. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 240.001, Local Government Code, to redefine
"wild animal." 

SECTION 2.  Amends Sections 240.002 and 240.0025, Local Government Code, by
reenacting as Section 240.002, as follows: 

Sec. 240.002.  REGULATION.  Authorizes the commissioners court of a county
by order to prohibit or regulate the keeping of a wild animal in the
county.  Provides that this order does not apply inside the limits of a
municipality or to a certain licensed exhibitor.  Deletes existing Sections
240.0025(a) and (b) and redesignates text to this section. Deletes
definition of "wild animal." 

SECTION 3.  Amends Subchapter A, Chapter 240, Local Government Code,  by
adding Section 240.0025, as follows: 

Sec. 240.0025.  FEES.  Authorizes the commissioners court of a county to
establish a fee for each wild animal regulated under this subchapter to
recover the costs associated with that regulation.  Authorizes collection
of the fee only from the person who keeps a wild animal subject to this
subchapter and prohibits the total fees from exceeding $500 per person.
Authorizes the county to use the fees collected under this section for the
purposes of administering this subchapter. 

SECTION 4.  Emergency clause.
  Effective date: upon passage.