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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 |
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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) "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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(3) "Circus" means an exhibitor holding a Class C |
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license under the Animal Welfare Act (7 U.S.C. Section 2131 et |
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seq.). |
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(4) "Commercial activity" means: |
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(A) an activity involving a big cat or nonhuman |
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primate conducted by a person for profit; or |
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(B) the sale, trade, auction, lease, or loan of a |
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big cat or nonhuman primate or a big cat's or nonhuman primate's |
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body parts. |
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(5) "Nonhuman primate" includes: |
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(A) a baboon; |
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(B) a chimpanzee; |
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(C) a gorilla; |
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(D) an orangutan; or |
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(E) a hybrid of an animal listed in Paragraphs |
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(A)-(D). |
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(6) "Nonprofit animal welfare organization" means a |
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nonprofit organization that has as its purpose: |
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(A) the prevention of cruelty to animals; or |
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(B) the sheltering of, caring for, and providing |
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homes for lost, stray, and abandoned animals. |
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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 nonprofit |
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organization that operates a place of refuge where abused, |
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neglected, unwanted, impounded, abandoned, orphaned, or displaced |
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animals are provided care for the lifetime of the animal. |
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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 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 possess, sell, transfer, or breed |
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a big cat or nonhuman 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 protective barriers to separate the animal from |
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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 the Endangered Species Act of 1973 (16 |
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U.S.C. Section 1533); |
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(4) a research facility, as defined by the Animal |
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Welfare Act (7 U.S.C. Section 2132(e)), that is licensed by the |
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secretary of the United States Department of Agriculture under that |
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Act; |
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(5) a wildlife sanctuary that: |
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(A) does not conduct commercial activity |
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involving big cats or nonhuman primates; |
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(B) does not use big cats or nonhuman primates |
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for entertainment purposes or in a traveling exhibit; and |
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(C) does not breed big cats or nonhuman primates; |
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(6) a nonprofit animal welfare organization, |
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including a humane society or shelter, that temporarily houses a |
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big cat or nonhuman primate seized under Section 822.156 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 that: |
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(A) is temporarily in this state for less than 90 |
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days in any year; and |
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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; |
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(10) a big cat or nonhuman primate owned by and in the |
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possession, custody, or control of a college or university solely |
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as a mascot for the college or university; |
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(11) a person temporarily transporting a legally owned |
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big cat or nonhuman primate in interstate commerce through this |
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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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(12) 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; 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) does not prohibit the owner of a big |
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cat or nonhuman primate from allowing an employee of the owner or a |
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licensed veterinarian or other person providing care to the animal |
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to come in direct contact with or to be in proximity to the animal. |
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Sec. 822.155. 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. 822.156. SEIZURE OF BIG CAT OR NONHUMAN PRIMATE. (a) |
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A justice court, county court, or municipal court shall order the |
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animal control authority to seize a big cat or nonhuman primate and |
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shall issue a warrant authorizing the seizure: |
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(1) on the sworn complaint of any person, including |
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the county attorney, the city attorney, an animal control officer, |
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or a peace officer, that a big cat or nonhuman primate is possessed, |
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sold, transferred, or bred in violation of this subchapter; and |
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(2) on a showing of probable cause to believe that the |
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big cat or nonhuman primate is possessed, sold, transferred, or |
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bred in violation of this subchapter as stated in the complaint. |
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(b) 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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(c) A big cat or nonhuman primate that has been seized and |
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impounded shall be kept in the custody of a zoo or other institution |
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accredited by the Association of Zoos and Aquariums, a wildlife |
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sanctuary, or a nonprofit animal welfare organization described by |
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Section 822.154(6) until a judicial determination regarding the |
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disposition of the big cat or nonhuman primate is made. |
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Sec. 822.157. PETITION FOR POSTING OF SECURITY. (a) A |
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person having custody of the big cat or nonhuman primate under |
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Section 822.156(c) may file a petition with the court that ordered |
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the seizure and impoundment of the animal requesting that the |
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person from whom the big cat or nonhuman primate was seized or the |
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owner of the big cat or nonhuman primate be ordered to post |
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security. |
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(b) The petitioner shall serve a copy of the petition on: |
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(1) the owner of the big cat or nonhuman primate; |
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(2) the animal control authority or other law |
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enforcement entity that seized the big cat or nonhuman primate; and |
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(3) any interested person who may have a pecuniary |
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interest in the animal that is the subject of the petition. |
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(c) A court shall set a hearing on the petition to take place |
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not later than the fifth business day after the date the petition is |
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filed. |
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(d) The amount of the security shall be determined by the |
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court after taking into consideration: |
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(1) all of the facts and circumstances of the case, |
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including the recommendation of the impounding organization having |
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custody of the seized big cat or nonhuman primate; and |
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(2) the cost of caring for the seized big cat or |
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nonhuman primate. |
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(e) The amount of the security ordered by a court must be |
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sufficient to secure payment of all reasonable expenses, including |
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the estimated cost for medical care and boarding, expected to be |
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incurred by the impounding organization having custody while caring |
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for the big cat or nonhuman primate pending a final disposition of |
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the animal. |
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(f) If the court orders the posting of security, the |
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security must be posted with the clerk of the court not later than |
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the fifth business day after the date of the hearing. |
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(g) If a person fails to post the court-ordered security, |
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the court may consider the big cat or nonhuman primate to be |
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forfeited by operation of law, and the impounding organization |
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having custody of the animal shall have legal custody and control |
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over the animal. |
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(h) In lieu of posting the court-ordered security, a person |
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may voluntarily forfeit the big cat or nonhuman primate to a zoo or |
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other institution accredited by the Association of Zoos and |
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Aquariums or a wildlife sanctuary. |
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(i) Voluntary forfeiture under Subsection (h) has no effect |
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on criminal charges brought under this subchapter. |
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(j) If the court-ordered security is posted in accordance |
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with this section, on application by the impounding organization |
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having custody of the big cat or nonhuman primate, the court shall |
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order reimbursement of the actual costs incurred by the |
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organization in caring for the animal, to be paid from the posted |
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security. |
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(k) On final judicial determination of the disposition of |
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the seized big cat or nonhuman primate, the person who posted the |
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security is entitled to a refund of any amount not ordered to be |
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paid to the impounding organization having custody of the animal. |
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Sec. 822.158. FORFEITURE OF BIG CAT OR NONHUMAN PRIMATE. A |
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big cat or nonhuman primate that is considered forfeited by |
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judicial determination or is voluntarily forfeited: |
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(1) shall be placed by the animal control authority in |
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the custody of a zoo or other institution accredited by the |
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Association of Zoos 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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Sec. 822.159. INJUNCTION. A person who is directly harmed |
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or threatened with harm by a violation of this subchapter or a |
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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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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 possession, sale, |
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transfer, or breeding of big 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. |