HBA-SEB, MPA C.S.H.B. 2259 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 2259
By: Goodman
County Affairs
4/27/1999
Committee Report (Substituted)



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In 1995, the 74th Legislature repealed Chapter 12G, effective September 1,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.   C.S.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 current 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 and county to establish and charge a
reasonable fee for application and renewal to recover the costs associated
with administration and enforcement.  Prohibits the fee from exceeding $50
for each animal and $500 for a person, regardless of the number of animals
the person owns.  Authorizes the fees to be used only to administer and
enforce this subchapter. 

Sec. 822.104.  CERTIFICATE OF REGISTRATION APPLICATION.  (a) Provides that
an applicant for an original or renewal 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 to confine or enclose the animal 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 registration agency, a color photograph of each animal no
more than 30 days old, and a photograph and statement of dimensions of the
primary enclosure, and scale diagram of the premises where each animal will
be kept, including the location of any residence on the premises. 

(d)  Requires the applicant to include with an application a clear and
legible photocopy of a valid Class A or Class B dealer's license or Class C
exhibitor's license issued by the secretary of agriculture of the United
States, if applicable.   

(e) Provides that each application for renewal must also contain a signed
statement from a state licensed veterinarian stating that the veterinarian
inspected each animal not more than 30 days before the date of the filing
of the renewal application and finds the 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 liability insurance coverage in an amount not
less than $100,000 for each occurrence for liability for damages for
destruction of or damage to property and death or injury to a person caused
by any animal owned by the holder. 

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 822.104
or, after inspection, that an applicant has not complied with this
subchapter, 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 in or in
connection with the application or has not complied with this subchapter. 

(c) Authorizes a person to appeal the denial or revocation of an original
or renewal certificate or the revocation of a certificate to a justice or
municipal court no later than 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 denial of a renewal certificate
or the revocation  of a certificate stays the denial or revocation until
the court rules on it. 


Sec. 822.107.  FILING OF CERTIFICATE OF REGISTRATION.  Requires an owner to
file a clear and legible copy of a certificate with the zoonosis control
division of the Texas Department of Health not later than the 10th day
after the owner receives the certificate. 

Sec. 822.108.  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. 822.109.  INSPECTION.  Requires the owner of an animal to allow the
agency, its agents, or a licensed 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 the animal, and records
relating to the animal to ensure compliance with this subchapter. 

Sec. 822.110.  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. 822.111.  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. 822.112. ESCAPE OF ANIMAL; LIABILITY.  (a)  Requires an owner of an
animal to immediately notify the agency of any escape of the animal.  (b)
Provides that the owner of the animal is liable for all costs incurred in
apprehending and confining the animal.  (c) 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 injury to or the death of the animal as a result of its
apprehension or confinement. 

Sec. 822.113.  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 space
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. 822.114.  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. 822.115.  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: 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. 822.118.  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. 822.119.  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. 822.120.  MINIMUM SPACE REQUIREMENTS: COUGARS, LEOPARDS, AND JAGUARS.
Provides that for one or two cougars, leopards, jaguars, or 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, jaguar, or hybrid animal confined there the
floor area must increase by 30 percent.   

Sec. 822.121.  MINIMUM SPACE REQUIREMENTS:  OCELOTS.  Provides that for one
or two ocelots or hybrids of ocelots 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 ocelot or hybrid ocelot confined
there the floor area must increase by 30 percent. 

Sec. 822.122. 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, baboon,
bear, or any hybrid of these animals must be constructed with not less than
nine-gauge chain link or its strength and design equivalent; 

(2) the primary enclosure for a leopard, cougar, ocelot, cheetah, hyena, 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 chimpanzee or gorilla must be constructed
of steel bars, two-inch galvanized pipe, 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 and
locking mechanism to prevent an unauthorized person from opening it. 
 
(d)  Provides that the primary enclosure must be equipped with safety
barriers to prevent physical contact with the animal by an unauthorized
person. 

(e) Provides that the primary enclosure must be designed and constructed to
prevent the animal from escaping it. 

Sec. 822.123.  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. 

(d)  Exempts a person from the requirements of this section that are
applicable to an animal for which the person holds a Class A or Class B
dealer's license or a Class C exhibitor's license issued by the secretary
of agriculture of the United States under the Animal Welfare Act and its
subsequent amendments. 

Sec. 822.124.  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.  Provides that each animal with respect to
which there is a violation and each day a violation continues is a separate
offense. 

Sec. 822.125.  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 expenditures were made. 

Sec. 822.126.  INJUNCTION.  Authorizes any person to sue to enjoin a
violation of this subchapter or to enforce this subchapter if the person is
directly harmed or threatened with harm by such violation or failure. 

Sec. 822.127.  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 822.124 (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 an original and renewal
certificate, fees for registration and renewal, and the form and content of
the application and the certificate no later than December 1, 1999. 

SECTION 6.  Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute modifies the original in SECTION 1 by modifying proposed
Subchapter E, Chapter 822, Health and Safety Code, as follows: 

Proposed Section 822.101 is modified to redefine "commercial activity" by
adding a phrase so that the term means conducting for profit any activity
that is not inherent to the animal's nature.  This phrase is added to the
rest of the definition, which provides that the term means charging a fee
for entertainment that uses the animal or exhibition of the animal, or
selling, trading, bartering, or auctioning the animal or the animal's body
parts.  

"Dangerous wild animal" is redefined to include a lion, tiger, ocelot,
cougar, snow leopard, leopard, cheetah, jaguar, hyena, bear, baboon,
chimpanzee, gorilla, or any hybrid of one of those animals.  The original
would have also included a panther, bobcat, lynx, serval, caracal, wolf,
coyote, jackal, wolverine, binturong, elephant, orangutan, or any hybrid of
one of those animals.   

"Wildlife sanctuary" is redefined to mean a nonprofit organization
described by Section 170(b)(1)(A)(vi), Internal Revenue Code of 1986
(regarding limitations to charitable gifts, contributions, and gifts for a
specific type of organization), and its subsequent amendments, rather than
exempt from federal taxation under Section 501(a) of the same code
(exemption from taxation) by being listed as an exempt organization.   

Proposed Section 822.102 is modified to include a person who holds a
rehabilitation permit or a licensed veterinarian as persons to whom this
subchapter does not apply if the person or  veterinarian is rehabilitating,
treating, or caring for an injured or infirm dangerous wild  animal.  The
original would not have referred to the care being given to the animal by
the person or veterinarian.  The substitute makes nonsubstantive changes. 

Proposed Section 822.103(a) is modified to specify that a person must hold
a current certificate of registration, rather than certificate of
registration (certificate), for a dangerous wild animal (animal) in order
to own, harbor, or have custody or control of the animal. Proposed Section
822.103(d) is modified to require each municipality and county to establish
and charge reasonable fees for application and renewal to recover the costs
associated with, rather than sufficient to pay the costs of, the
administration and enforcement of this subchapter.  The substitute adds a
provision prohibiting the fee from exceeding $50 for each animal and $500
per person, regardless of the number of animals the person owns.  The
substitute also adds a provision authorizing the fees to be used only to
administer and enforce this subchapter. 

Proposed Section 822.104(a) is modified to provide that an applicant for an
original or renewal certificate, rather than a certificate, must file the
application with the animal registration agency (agency) on a form
prescribed by the agency.  The substitute adds new text for  Section
822.104(d) and redesignates proposed Section 822.104(d) to 822.104(e) in
the substitute.  Section 822.104(d) requires the applicant to include with
an application a clear and legible photocopy of a valid Class A or Class B
dealer's license or Class C exhibitor's license issued by the secretary of
agriculture of the United States, if applicable. Section 822.104(e), as
redesignated, is modified to remove a provision that an application for
renewal must include a signed statement from a licensed veterinarian that
the veterinarian has inspected the animal's enclosure and finds that the
housing meets or exceeds the appropriate standards.  

Proposed Section 822.105 is modified to require the holder of a certificate
to maintain liability insurance coverage for each occurrence, rather than
for each animal, for liability for damages for destruction of or damage to
property and death or bodily injury to a person caused by any animal owned
by the owner, rather than by the single animal.  

Proposed Section 822.106(a) is modified to make a correction to a section
number that is referenced.  Proposed Section 822.106(c) authorizes a person
to appeal the denial of an original or renewal certificate or the
revocation of a certificate to a justice or municipal court. The original
would have authorized a person to appeal the denial or revocation of a
certificate.  The substitute makes conforming changes.   

The substitute adds a new Section 822.107, which requires an owner to file
a clear and legible copy of a certificate with the zoonosis control
division of the Texas Department of Health not later than the 10th day
after the owner receives the certificate. 

The substitute redesignates the text of proposed Sections 822.107-822.113
to Sections 822.108-822.114 in the substitute. 

The substitute removes proposed Sections 822.114, 822.117, 822.118,
822.120, and 822.125 to reflect the removal of orangutans, jackals,
coyotes, wolverines, wolves, binturongs, and elephants.  The substitute
then redesignates the text of proposed Sections 822.119, 822.121, 822.122,
822.123, 822.124, 822.126, 822.127, 822.128, 822.129, 822.130, and 822.131
to Sections 822.117-822.127 in the substitute.   

The substitute modifies the text of Sections 822.120 and 822.121, as
redesignated from proposed Sections 822.123 and 822.124, to reflect the
removal of panthers, bobcats, servals, caracals, and lynx. 

The substitute modifies Section 822.122, redesignated from proposed Section
822.126,  to reflect the removal of certain animals and by modifying
Subsection (a) to provide that the primary enclosure of a baboon must meet
the requirements for the primary enclosure for a lion, tiger, jaguar, snow
leopard, bear, or any hybrid of those animals, rather than the requirements
for the primary enclosure for a chimpanzee, or gorilla.  The substitute
adds new  text for Subsection (d) and redesignates proposed Subsection (d)
to Subsection (e) in the substitute.  Subsection (d), as added, provides
that a primary enclosure must be equipped with safety barriers to prevent
physical contact with an animal by an unauthorized person.  

The substitute modifies Section 822.123, as redesignated from proposed
Section 822.127, by adding Subsection (d) to exempt a person from the
requirements of this section that are applicable to an animal for which the
person holds a Class A or Class B dealer's license or a Class C exhibitor's
license issued by the secretary of agriculture of the United States under
the Animal Welfare Act and its subsequent amendments. 

The substitute modifies Section 822.125, as redesignated from proposed
Section 822.129, to require costs or fees recovered from a civil penalty to
be credited to the operating account from which payment for certain
expenditures was made.  The expenditures cover investigation, attorney's
fees, and expert witness fees.  The original would have required the
recovered costs or fees to be credited to the operating account from which
payment for the agency's expenditures was made.   

The substitute modifies Section 822.126, as redesignated from proposed
Section 822.130, to authorize any person to sue to enjoin a violation of
this subchapter or to enforce this subchapter if the person is directly
harmed or threatened with harm by such violation or failure.  The original
would have authorized any person to sue to enjoin a violation or to enforce
this subchapter. 

The substitute modifies the original in SECTION 4 to make a conforming
change with respect to the redesignation of proposed Section 822.128 to
Section 822.124 in the substitute.   

The substitute modifies the original in SECTION 5 to make a conforming
change with respect to a reference to an application for an original and
renewal certificate, rather than a certificate.