HBA-MPA H.B. 2259 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2259 By: Goodman County Affairs 3/24/1999 Introduced BACKGROUND AND PURPOSE For many years the Texas Parks and Wildlife Department (TPWD) regulated the ownership of dangerous wild animals such as lions, tigers, other large cats, wolves, coyotes, bears, elephants, great apes, and others. TPWD regulation of the ownership of these animals was governed by Chapter 12G, Parks and Wildlife Code. Under this statute an owner of a dangerous wild animal was required to obtain a permit from TPWD and comply with the statute regarding care and confinement of the animal. In 1995, the 74th Legislature repealed Chapter 12G, effective September 1, 1997, primarily because TPWD did not have the manpower or resources to properly regulate the ownership of the dangerous wild animals. An attempt was made by the 75th Legislature (S.B. 1235) to totally prohibit the ownership of dangerous wild animals. This effort was not successful. Accordingly, there has been no statewide regulation of dangerous wild animals since 1997. H.B. 2259 provides for the regulation of the ownership of dangerous wild animals by counties and municipalities. This bill requires owners to register animals with the local animal control authority, maintain $100,000 of liability insurance to cover damage, death or injury caused by the animal, and to confine and care for the animal in a safe and proper manner. This bill also gives the counties and municipalities the ability to charge fees to offset the costs of regulating these dangerous wild animals and gives them the right to further regulate the ownership of these animals by ordinance if they deem such regulation is needed in their area. 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 Chapter 822, Health and Safety Code, by adding Subchapter E, as follows: SUBCHAPTER E. DANGEROUS WILD ANIMALS Sec. 822.101. DEFINITIONS. Defines "animal registration agency," "commercial activity," "dangerous wild animal," "owner," "primary enclosure," and "wildlife sanctuary." Sec. 822.102. APPLICABILITY OF SUBCHAPTER. Sets forth applicability of this subchapter to individuals or organizations that care for dangerous wild animals. Sec. 822.103. CERTIFICATE OF REGISTRATION. (a) Prohibits a person from owning, harboring, or having custody or control of a dangerous wild animal (animal) unless the person holds a certificate of registration (certificate) for the animal issued by an animal registration agency under this subchapter (agency). (b) Authorizes the agency to require a separate certificate for each animal. (c) Provides that a certificate is not transferable and is valid only for one year after its date of issuance or renewal unless revoked. (d) Requires each municipality or county to establish and charge a reasonable fee for application and renewal to pay administration and enforcement costs. Sec. 822.104. CERTIFICATE OF REGISTRATION APPLICATION. (a) Provides that an applicant for a certificate must file an application with the agency on a form provided by the agency. (b) Provides that the application must include: (1) the name, address, and telephone number of the applicant; (2) a complete identification of each animal, including certain specified information; (3) the exact location where each animal is to be kept; (4) a sworn statement that all information in the application is complete and accurate, and the applicant has read this subchapter and all facilities used by the applicant comply therewith; and (5) any other information the municipality or county by rule, ordinance, or order requires. (c) Requires the applicant to include with each application the nonrefundable fee, proof of required liability insurance in a form acceptable to the agency, a color photograph of each animal no more than 30 days old, and a photograph, statement of dimension, and scale drawing of the primary enclosure of each animal. (d) Provides that each application must also contain a signed statement from a state licensed veterinarian stating that the veterinarian inspected each animal and enclosure not more that 30 days before the date of the application, finds the housing , care and treatment of each animal meets or exceeds the standards of this subchapter. Sec. 822.105. LIABILITY INSURANCE. Requires the holder of a certificate from the agency to maintain for each registered animal liability insurance coverage in an amount not less than $100,000 for damages for destruction of or damage to property and death or injury to a person caused by the animal. Sec. 822.106. DENIAL OR REVOCATION OF CERTIFICATE OF REGISTRATION. (a) Requires the agency, if it finds that an application for a certificate or renewal does not meet the requirements under the required section (Section 822.104), to deny the issuance of an original or renewal certificate, and notify the applicant in writing of the denial and the reason for it. (b) Requires the agency to revoke the certificate and give the owner written notice and reasons for the revocation if it finds, after inspection, that a registered owner provided false information or has not complied with this subchapter. (c) Authorizes a person to appeal the denial or revocation of a certificate to a justice or municipal court no later that the 15th day after the person is notified of such denial or revocation. Provides that either party may appeal the decision of the court. (d) Provides that filing an appeal of the revocation of a certificate stays the revocation until the court rules on it. Sec. 822.107. DISPLAY OF CERTIFICATE OF REGISTRATION. Requires the holder of a certificate to prominently display it at the premises where each animal subject to it is kept. Sec. 822.108. INSPECTION. Requires the owner of an animal to allow the agency, or a veterinarian designated by it, at all reasonable times, to enter the premises where the animal is kept, to inspect the animal, the primary enclosure of, and records relating to the animal to ensure compliance with this subchapter. Sec. 822.109. RELOCATION OF ANIMAL. Prohibits an owner from permanently relocating the animal unless the owner first notifies the agency in writing of the exact location to which the animal will be moved and provides the required information about that location. Sec. 822.110. NOTICE OF SALE OR DEATH OF ANIMAL; NOTICE OF INJURY INFLICTED BY ANIMAL. (a) Requires the owner of an animal to notify the agency in writing of the sale, disposition, or death of an animal no later than 10 days after the date of such occurrence. (b) Requires the owner of an animal that causes injury to a human requiring medical treatment to notify the agency no later than 48 hours after of such occurrence. Requires the owner to submit a detailed written report to the agency no later than the 10th day after the date of the injury regarding the nature and circumstances of the injury. Sec. 822.111. ESCAPE OF ANIMAL; LIABILITY. Requires an owner of an animal to immediately notify the agency of any escape of the animal. Provides that the owner of the animal is liable for all costs incurred in apprehending and confining the animal. Provides that an animal control office or law enforcement agency or its employees are not liable for damages arising in connection with the escape of an animal, including liability for any damage, injury, or death caused by the animal during or after its escape or the death of the animal as a result of its apprehension or confinement. Sec. 822.112. MINIMUM SPACE REQUIREMENTS FOR DANGEROUS WILD ANIMALS; DEVIATIONS. (a) Provides that the primary enclosure in which an animal is kept must meet minimum space requirements applicable to the animal under this subchapter. (b) Authorizes an owner to deviate from minimum primary enclosure size requirements, on approval of the agency, because of the age of the animal, or the use of unusual enclosure design. (c) Authorizes the agency to approve deviation from minimum primary enclosure size requirements only if the agency finds that the overall welfare of the animal and the public's health and safety have not been compromised. Sec. 822.113. MINIMUM SPACE REQUIREMENTS: GORILLAS. Provides that for one or two gorillas or for a pair and their progeny under the age of two years, the primary enclosure must have a floor area of at least 500 square feet and a ceiling height of at least eight feet, and that for each additional gorilla confined there the floor area must increase by 30 percent. Sec. 822.114. MINIMUM SPACE REQUIREMENTS: ORANGUTANS. Provides that for one or two orangutans or for a pair and their progeny under the age of two years, the primary enclosure must have a floor area of at least 400 square feet and a ceiling height of at least 10 feet, and that for each additional orangutan confined there the floor area must increase by 30 percent. Sec. 822.115. MINIMUM SPACE REQUIREMENTS: CHIMPANZEES. Provides that for one or two chimpanzees or for a pair and their progeny under the age of two years, the primary enclosure must have a floor area of at least 300 square feet and a ceiling height of at least 10 feet, and that for each additional chimpanzee confined there the floor area must increase by 30 percent. Sec. 822.116. MINIMUM SPACE REQUIREMENTS: BABOONS. Provides that for one or two baboons or for a pair and their progeny under the age of two years, the primary enclosure must have a floor area of at least 200 square feet and a ceiling height of at least eight feet, and that for each additional baboon confined there the floor area must increase by 30 percent. Sec. 822.117. MINIMUM SPACE REQUIREMENTS: JACKALS, COYOTES, AND WOLVERINES. Provides that for one or two jackals, coyotes, wolverines, or hybrids of these animals the primary enclosure must have a floor area of at least 200 square feet and a ceiling height of at least six feet, and that for each additional jackal, coyote, wolverine, or hybrid animal confined there the floor area must increase by 30 percent. Sec. 822.118. MINIMUM SPACE REQUIREMENTS: WOLVES . Provides that for one or two wolves or hybrids of wolves, the primary enclosure must have a floor area of at least 300 square feet and a ceiling height of at least six feet, and that for each additional wolf or hybrid animal confined there the floor area must increase by 30 percent. Sec. 822.119. MINIMUM SPACE REQUIREMENTS: BEARS. Provides that for one or two bears, the primary enclosure must have a floor area of at least 600 square feet and a ceiling height of at least 10 feet, and that for each additional bear confined there the floor area must increase by 30 percent. Sec. 822.120. MINIMUM SPACE REQUIREMENTS: BINTURONGS. Provides that for one or two binturongs, the primary enclosure must have a floor area of at least 150 square feet and a ceiling height of at least eight feet, and that for each additional bintourong confined there the floor area must increase by 30 percent. Sec. 822.121. MINIMUM SPACE REQUIREMENTS: HYENAS. Provides that for one or two hyenas, the primary enclosure must have a floor area of at least 300 square feet and a ceiling height of at least six feet, and that for each additional hyena confined there the floor area must increase by 30 percent. Sec. 822.122. MINIMUM SPACE REQUIREMENTS: LIONS, TIGERS, CHEETAHS, AND SNOW LEOPARDS. Provides that for one or two lions, tigers, cheetahs, snow leopards, or hybrids of these animals, the primary enclosure must have a floor area of at least 450 square feet and a ceiling height of at least eight feet, and that for each additional lion, tiger, cheetah, snow leopard, or hybrid animal confined there the floor area must increase by 30 percent. Sec. 822.123. MINIMUM SPACE REQUIREMENTS: COUGARS, LEOPARDS, PANTHERS, AND JAGUARS. Provides that for one or two cougars, leopards, panthers, jaguars, and hybrids of these animals, the primary enclosure must have a floor area of at least 300 square feet and a ceiling height of at least eight feet, and that for each additional cougar, leopard, panther, jaguar, or hybrid animal confined there the floor area must increase by 30 percent. Sec. 822.124. MINIMUM SPACE REQUIREMENTS: BOBCATS, OCELOTS, SERVALS, CARACALS, AND LYNX. Provides that for one or two bobcats, ocelots, servals, caracals, lynx, or hybrids of these animals the primary enclosure must have a floor area of at least 80 square feet and a ceiling height of at least eight feet, and that for each additional bobcat, ocelot, serval, caracal, lynx, or hybrid animal confined there the floor area must increase by 30 percent. Sec. 822.125. MINIMUM SPACE REQUIREMENTS: ELEPHANTS. Provides that for one or two elephants, the primary enclosure must have a floor area of at least 1,500 square feet and a ceiling height of at least 12 feet, and that for each additional elephant confined there the floor area must increase by 30 percent. Sec. 822.126. CONSTRUCTION REQUIREMENTS FOR PRIMARY ENCLOSURES. (a) Provides that the primary enclosure in which an animal is kept must meet the following specifications: (1) the primary enclosure for a lion, tiger, jaguar, snow leopard, bear, or any hybrid of these animals must be constructed with not less than nine-gauge link or its strength and design equivalent; (2) the primary enclosure for a leopard, cougar, panther, ocelot, cheetah, hyena, bobcat, serval, caracal, lynx, wolf, wolverine, coyote, jackal, binturong, or any hybrid of these animals must be constructed with not less than 11-1/2 gauge chain link or its strength and design equivalent; (3) the primary enclosure for a baboon, chimpanzee, orangutan, or gorilla must be constructed of steel bar, two-inch galvanized pipe, masonry block, or their strength equivalent; and (4) the primary enclosure for cages or other confinement facilities for an elephant must be constructed of steel bars, masonry block, or their strength equivalent. (b)Provides that a primary enclosure constructed of chain link or its strength equivalent must be well braced and securely anchored at ground level and use metal corners, clamps, ties, and braces of strength equivalent to materials prescribed for that species. (c) Provides that the primary enclosure must be equipped with a lock or locking mechanism to prevent an unauthorized person from opening it. (d) Provides that the primary enclosure must be designed to prevent the animal from escaping it. Sec. 822.127. CARE, TREATMENT, AND TRANSPORTATION OF ANIMALS. (a) Requires the owner to comply with all applicable standards, for each animal, of the Animal Welfare Act (7 U.S.C. Section 2131, et seq.) and its subsequent amendments and regulations adopted under it relating to facilities and operations, animal health and husbandry, and veterinary care. (b) Requires the owner to maintain a separate register on each animal documenting veterinary care and make the register available to the agency or its agent on request. Provides the log must identify the animal treated, provide the date of treatment, the name of the attending veterinarian, if applicable, and describe the type or nature of treatment. (c) Requires the owner or a designated carrier or intermediate handler to comply with all transportation standards that apply to that animal under the Animal Welfare Act and its subsequent amendments and regulations adopted under it. Sec. 822.128. OFFENSE AND PENALTY. Provides that a person commits a Class C misdemeanor if the person owns, harbors, or has custody or control of an animal unless the person holds a certificate for the animal issued by an agency under this subchapter. Sec. 822.129. CIVIL PENALTY. (a) Provides that a person who violates Section 822.103(a) is liable 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 the violation continues. (b) Authorizes the county or municipality where the violation occurs to sue to collect a civil penalty, which may be retained by the county or municipality. (c) Authorizes the county or municipality where the violation occurs to recover the reasonable costs of investigation, attorney's fees, and expert witness fees incurred by the agency in the civil action. Requires the costs and fees recovered under this subsection to be credited to the operating account from which the agency's expenditures were made. Sec. 822.130. INJUNCTION. Authorizes a person to sue to enjoin a violation of or to enforce this subchapter. Sec. 822.131. EFFECT OF THIS SUBCHAPTER ON OTHER LAW. (a) Provides that this subchapter does not affect the applicability of: (1) Subchapter B, Chapter 821 (Disposition of Cruelly Treated Animals), Health and Safety Code; (2) Subchapter C (Permits for Scientific Research, Zoological Collection, Rehabilitation, and Educational Display), Chapter 43, and Chapter 67 (Nongame Species), and Chapter 68 (Endangered Species), Parks and Wildlife Code; (3) Subchapter A (Regulation of Keeping Wild Animals), Chapter 240, Local Government Code, or an order adopted under that subchapter; (4) Section 42.09 (Cruelty to Animals), Penal Code; or (5) any other law, rule, order, ordinance, or other legal requirement of this state or a political subdivision of this state. (b) Provides that this subchapter does not prevent a municipality or county from prohibiting or regulating by ordinance or order the ownership, possession, confinement, or care of animals. SECTION 2. Amends the heading of Subchapter A, Chapter 240, Local Government Code, as follows: SUBCHAPTER A. New title: REGULATION OF KEEPING OF DANGEROUS WILD ANIMALS. SECTION 3. Amends Section 240.0025, Local Government Code, to make conforming and nonsubstantive changes. SECTION 4. (a) Effective date: September 1, 1999, except as provided by this section. (b) Provides that Section 822.128 (Offense and Penalty), Health and Safety Code takes effect June 1, 2000, SECTION 5. (a) Provides that a person is not required to obtain a certificate for an animal under Subchapter E, Chapter 822, Health and Safety Code, as added by this Act, before June 1, 2000. (b) Requires each municipality and county to adopt an ordinance or order necessary to implement Subchapter E, Chapter 822, Health and Safety Code, as added by this Act, including the application for certificates, fees for registration and renewal, and the forms for certificates no later than December 1, 1999. SECTION 6. Emergency clause.