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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of big cats and nonhuman primates; |
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providing penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 822.116, Health and Safety Code, is |
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amended by adding Subsection (c) to read as follows: |
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(c) Notwithstanding Subsection (b), a county or |
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municipality subject to Subchapter F as provided by Section 822.152 |
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may not adopt an ordinance or order pertaining to big cats or |
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nonhuman primates that is inconsistent with Subchapter F. |
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SECTION 2. Chapter 822, Health and Safety Code, is amended |
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by adding Subchapter F to read as follows: |
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SUBCHAPTER F. REGULATION OF BIG CATS AND NONHUMAN PRIMATES IN |
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CERTAIN COUNTIES AND MUNICIPALITIES |
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Sec. 822.151. DEFINITIONS. In this subchapter: |
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(1) "Animal control authority" means a municipal or |
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county animal control office with authority over the area in which a |
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big cat or nonhuman primate is kept or the county sheriff in an area |
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that does not have an animal control office. |
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(2) "Animal shelter" means a municipal or county |
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animal shelter or an animal shelter operated by a nonprofit |
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charitable organization established primarily to shelter and care |
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for stray and abandoned animals and to prevent cruelty to animals. |
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(3) "Big cat" means: |
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(A) a cheetah; |
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(B) a cougar; |
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(C) a leopard; |
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(D) a lion; |
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(E) a jaguar; |
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(F) a tiger; or |
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(G) a hybrid of an animal listed in Paragraphs |
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(A)-(F). |
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(4) "Circus" means an exhibitor holding a valid Class |
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C license issued under the Animal Welfare Act (7 U.S.C. Section 2131 |
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et seq.) that: |
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(A) is temporarily in this state for less than 90 |
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days in any year; |
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(B) regularly conducts performances featuring |
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live big cats or nonhuman primates and multiple trained human |
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entertainers, including clowns and acrobats; and |
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(C) does not allow a member of the public to come |
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in direct contact with or to be in proximity to, including for a |
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photographic purpose, a big cat or nonhuman primate without |
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ensuring there is sufficient distance between the animal and the |
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public member and providing protective barriers to separate the |
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animal from the public member. |
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(5) "Commercial activity" means: |
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(A) an activity involving an animal conducted by |
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a person for profit; |
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(B) an animal exhibition activity for which a fee |
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is charged; or |
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(C) the sale, trade, auction, lease, or loan of |
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an animal or an animal's body parts. |
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(6) "Nonhuman primate" means all species of primates, |
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excluding humans. |
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(7) "Owner" means any person who owns, harbors, or has |
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custody or control of a big cat or nonhuman primate. |
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(8) "Person" means an individual, partnership, |
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corporation, trust, estate, joint stock company, foundation, or |
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association of individuals. |
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(9) "Wildlife sanctuary" means a charitable |
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organization exempt from taxation under Section 501(c)(3), |
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Internal Revenue Code of 1986, and described under Section |
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170(b)(1)(A)(vi), Internal Revenue Code of 1986, that: |
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(A) operates a place of refuge where an abused, |
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neglected, unwanted, impounded, abandoned, orphaned, or displaced |
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wild animal is provided care for the animal's lifetime, is |
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transferred to another wildlife sanctuary, or is released back to |
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the animal's natural habitat; and |
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(B) with respect to any animal owned by or in the |
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custody or control of the organization, does not: |
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(i) conduct any commercial activity; |
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(ii) breed any animal; |
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(iii) use a big cat or nonhuman primate for |
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entertainment purposes or in a traveling exhibit; or |
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(iv) allow a member of the public to come in |
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direct contact with or to be in proximity to, including for a |
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photographic purpose, a big cat or nonhuman primate without |
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ensuring there is sufficient distance between the animal and the |
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public member and providing protective barriers to separate the |
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animal from the public member. |
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Sec. 822.152. APPLICABILITY OF SUBCHAPTER. This subchapter |
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applies to a person possessing a big cat or nonhuman primate in a |
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county or municipality that has a population of at least 75,000. |
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Sec. 822.153. PROHIBITED ACTS. (a) Except as provided by |
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Section 822.154, a person may not own, possess, harbor, sell, |
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transfer, breed, or have custody or control of a big cat or nonhuman |
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primate. |
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(b) A person may not allow a member of the public to come in |
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direct contact with or to be in proximity to, including for a |
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photographic purpose, a big cat or nonhuman primate without |
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ensuring there is sufficient distance between the animal and the |
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public member and providing protective barriers to separate the |
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animal from the public member. |
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Sec. 822.154. EXEMPTIONS. (a) Section 822.153(a) does not |
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apply to: |
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(1) a county, municipality, agency of this state, or |
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agency of the United States or an agent or official of a county, |
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municipality, or agency acting in an official capacity; |
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(2) an institution accredited by the Association of |
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Zoos and Aquariums; |
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(3) a related facility certified by the Association of |
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Zoos and Aquariums that is a participant in a species survival plan |
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program for the breeding of species listed as threatened or |
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endangered pursuant to Section 4, Endangered Species Act of 1973 |
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(16 U.S.C. Section 1533); |
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(4) a research facility, as defined by Section 2(e), |
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Animal Welfare Act (7 U.S.C. Section 2132(e)), that is licensed by |
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the secretary of the United States Department of Agriculture under |
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that Act; |
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(5) a wildlife sanctuary that is verified or |
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accredited by the Global Federation of Animal Sanctuaries; |
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(6) an animal shelter that temporarily houses a big |
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cat or nonhuman primate seized under Section 822.157 or on the |
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written request of an animal control authority or a law enforcement |
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agency acting under the authority of this subchapter; |
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(7) a licensed veterinarian who is providing treatment |
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to a big cat or nonhuman primate; |
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(8) a law enforcement officer, including an animal |
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control officer or a county sheriff, who has possession of a big cat |
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or nonhuman primate for law enforcement purposes; |
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(9) a circus; |
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(10) a college or university that displays a single |
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big cat as a sports mascot and that: |
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(A) submits to the Department of State Health |
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Services an affidavit signed by an official of the college or |
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university attesting that the college or university will provide |
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lifetime care for the big cat in a facility that is accredited by |
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the Association of Zoos and Aquariums or in a wildlife sanctuary; |
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(B) maintains liability insurance in an amount |
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not less than $1 million to cover claims for injury or damage to a |
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person or property caused by the big cat; and |
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(C) began displaying a big cat as a mascot before |
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September 1, 2013; |
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(11) a television or motion picture production company |
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during the filming of a television or motion picture production in |
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this state, provided that the company: |
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(A) has temporary custody or control of a big cat |
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or nonhuman primate; and |
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(B) does not allow a member of the public to be in |
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proximity to the big cat or nonhuman primate without ensuring there |
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is sufficient distance between the animal and the public member and |
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providing protective barriers to separate the animal from the |
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public member; |
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(12) a person temporarily transporting a legally owned |
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big cat or nonhuman primate through this state if: |
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(A) the transit time is not more than 96 hours; |
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(B) the big cat or nonhuman primate is not |
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exhibited; |
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(C) the big cat or nonhuman primate is maintained |
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at all times in a species-appropriate cage or other travel |
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container; |
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(D) the owner of the big cat or nonhuman primate, |
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or a designated carrier or intermediate handler of the animal, |
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complies with all transportation standards that apply to that |
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animal under the Animal Welfare Act (7 U.S.C. Section 2131 et seq.); |
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and |
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(E) the owner of the big cat or nonhuman primate, |
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or a designated carrier or intermediate handler of the animal, |
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complies with all other applicable state, local, or federal laws, |
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including laws requiring a veterinary certificate or other permit; |
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or |
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(13) a person who lawfully possesses a big cat or |
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nonhuman primate before September 1, 2013, provided that: |
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(A) the person complies with the applicable |
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requirements under Subchapter E, including registration, caging, |
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husbandry, inspection, disposition, and notification requirements; |
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and |
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(B) the person does not acquire, by any means, |
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including purchase, donation, or breeding, an additional big cat or |
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nonhuman primate after September 1, 2013. |
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(b) Section 822.153(b) and the other provisions of this |
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subchapter concerning preventing a member of the public from coming |
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into direct contact with or being in proximity to an animal do not |
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prohibit the owner of a big cat or nonhuman primate from allowing an |
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employee of the owner, a licensed veterinarian, or a veterinary |
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student accompanying the veterinarian to come in direct contact |
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with or to be in proximity to the animal. |
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Sec. 822.155. CIVIL PENALTY. (a) A person who violates |
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Section 822.153 is liable to the county or municipality in which the |
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violation occurs for a civil penalty of not less than $200 and not |
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more than $2,000 for each animal with respect to which there is a |
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violation and for each day that a violation continues. |
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(b) The county or municipality in which the violation occurs |
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may bring an action to collect the penalty and may also recover the |
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reasonable costs of recovering the penalty and the reasonable |
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investigation costs, attorney's fees, and expert witness fees |
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incurred by the county or municipality, or the animal control |
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authority in the county or municipality. |
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(c) Costs or fees recovered under Subsection (b) for the |
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animal control authority must be credited to the animal control |
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authority's operating account. |
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Sec. 822.156. OFFENSE; PENALTY. (a) A person commits an |
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offense if the person violates Section 822.153. Each animal with |
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respect to which there is a violation and each day that a violation |
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continues is a separate offense. |
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(b) An offense under this section is a Class A misdemeanor. |
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Sec. 822.157. SEIZURE OF BIG CAT OR NONHUMAN PRIMATE. (a) A |
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justice court, county court, or municipal court shall: |
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(1) order the animal control authority to seize a big |
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cat or nonhuman primate and shall issue a warrant authorizing the |
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seizure: |
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(A) on the sworn complaint of any person, |
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including the county attorney, the city attorney, an animal control |
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officer, or a peace officer, that a big cat or nonhuman primate is |
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owned, possessed, harbored, sold, transferred, bred, or controlled |
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in violation of this subchapter; and |
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(B) on a showing of probable cause to believe |
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that the big cat or nonhuman primate is owned, possessed, harbored, |
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sold, transferred, bred, or controlled in violation of this |
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subchapter as stated in the complaint; and |
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(2) schedule a hearing to be held on a date not later |
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than the 10th day after the date the warrant is issued to determine: |
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(A) whether a violation of this subchapter has |
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occurred; and |
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(B) the final disposition of the big cat or |
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nonhuman primate. |
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(b) The officer executing the warrant shall serve written |
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notice of the hearing required under Subsection (a)(2) to the owner |
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of the big cat or nonhuman primate at the time the animal is seized. |
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(c) The animal control authority shall seize the big cat or |
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nonhuman primate and shall provide for the impoundment of the big |
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cat or nonhuman primate in secure and humane conditions until the |
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court orders the disposition of the big cat or nonhuman primate. |
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(d) A big cat or nonhuman primate that has been seized and |
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impounded shall be kept in the custody of an institution accredited |
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by the Association of Zoos and Aquariums, a wildlife sanctuary, or |
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an animal shelter until a judicial determination regarding the |
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disposition of the big cat or nonhuman primate is made. |
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(e) Subsection (d) does not preclude the animal control |
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authority from impounding a big cat or nonhuman primate on the |
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property where the animal is located at the time of the seizure |
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until placement under Subsection (d) is made. |
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Sec. 822.158. FORFEITURE OF BIG CAT OR NONHUMAN PRIMATE. |
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(a) A big cat or nonhuman primate that is considered forfeited by |
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judicial determination or is voluntarily forfeited under |
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Subsection (d): |
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(1) shall be placed by the animal control authority in |
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the custody of an institution accredited by the Association of Zoos |
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and Aquariums or a wildlife sanctuary; or |
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(2) may be humanely euthanized in compliance with |
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state and federal law if an animal control authority, after making a |
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reasonable effort, is unable to find an institution that is willing |
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and able to take custody of a forfeited big cat or nonhuman primate. |
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(b) The court shall assess against the owner of the seized |
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animal the reasonable costs of caring for the seized big cat or |
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nonhuman primate, including the boarding costs and medical care |
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costs. |
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(c) A judicial determination regarding the disposition of a |
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seized big cat or nonhuman primate under this subchapter is final |
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and may not be appealed. |
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(d) Nothing in this section shall be construed to prevent a |
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person from voluntarily forfeiting the big cat or nonhuman primate |
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to an institution accredited by the Association of Zoos and |
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Aquariums or a wildlife sanctuary. |
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(e) Voluntary forfeiture under Subsection (d) has no effect |
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on criminal charges brought under this subchapter. |
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Sec. 822.159. INJUNCTION. (a) A person who is directly |
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harmed or threatened with harm by a violation of this subchapter or |
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a failure to enforce this subchapter may sue an owner of a big cat or |
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nonhuman primate to enjoin a violation of this subchapter or to |
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enforce this subchapter. |
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(b) The county or municipality in which a big cat or |
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nonhuman primate is kept may sue an owner of the animal to enjoin a |
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violation of this subchapter or to enforce this subchapter. |
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Sec. 822.160. EFFECT OF SUBCHAPTER ON OTHER LAW. (a) This |
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subchapter does not prevent a county or municipality from adopting |
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or enforcing an ordinance, order, rule, or other legal requirement |
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that places additional restrictions on the ownership, possession, |
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harboring, sale, transfer, breeding, or custody or control of big |
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cats or nonhuman primates. |
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(b) This subchapter does not affect the applicability of any |
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other law, rule, order, ordinance, or other legal requirement of |
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this state or a political subdivision of this state. |
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SECTION 3. Section 822.153, Health and Safety Code, as |
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added by this Act, applies only to an offense committed on or after |
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the effective date of this Act. An offense committed before the |
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effective date of this Act is governed by the law in effect on the |
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date the offense was committed, and the former law is continued in |
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effect for that purpose. For purposes of this section, an offense |
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was committed before the effective date of this Act if any element |
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of the offense occurred before that date. |
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SECTION 4. This Act takes effect September 1, 2013. |