ORDER N0. 27331
AMEND PROPOSED ORDER REQUIRING
REGISTRATION OF DANGEROUS WILD ANIMALS
On this the 26th day of November 2Q01, upon motion made by
Commissioner Gr-iffin, seconded by Commissioner- Williams the
Cour-t unanimously appr-oved by a vote of 4-0-0, to amend the
proposed or^der^ to add as one of the list of pr^ohibited animals
the category of the wolves.
COMMISSIONERS' COURT AGENDA REQUEST
PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE
REVIEWED BY THE COURT.
MADE BY: Fred H OFFICE: County Judge
MEETING DATE: ovember 26. 2001 TIME PREFERRED:
SUBJECT: (PLEASE BE SPECIFIC)
Consider and discuss adopting Order requiring the Registration of Dangerous Wild
Animals in the Unincorporated Areas of Kerr County.
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
NAME OF PERSON ADDRESSING THE COURT:
ESTIMATED LENGTH OF PRESENTATION:
County Judge
IF PERSONNEL MATTER -NAME OF EMPLOYEE:
Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter
551 and 552, Government Code, is as follows:
Meeting scheduled for Mondays:
THIS REQUEST RECEIVED BY:
THIS REQUEST RECEIVED ON:
5:00 P.M. previous Tuesday.

All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been
prepazed for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be
appreciated and contribute towazds you request being addressed at the eazliest opportunity. See Agenda Request Rules
Adopted by Commissioners' Court.
TEXAS ASSOCIATIOI~i OF COUI~ITIES
1204 San Antonio • Austin, T~ 7R7U1 I~ {~;;~~'` o P.O. Rox 2131 • Austin, 1X 7R76R-2131
Sam D. Seale • Executive Director ~ +~1 -sa`~
Memorandum
To: All Commissioners Courts, County Attorneys, and County Sheriffs
From: Robert Lemens, General Counsel, Texas Association of Counties
Re: Prohibition or Registration of Dangerous Wild Animals
House Bill 1362, adopted by the 77`s Legislature, significantly increases a county's authority to regulate
or prohibit the keeping of wild animals in the county.[ The bill amends Local Government Code
§240.002 (a) to allow the commissioners court [o regulate or to prohibit the keeping of wild animals
anywhere in the unincorporated areas of the county. The legislation takes effect on September 1, 2001.
Before its adoption, the commissioners court's authority was limited to regulating or prohibiting only
those wild animals kept at a residence or within 1,000 feet of a residence or public school.
House Bill 1362 also establishes a registration program for certain dangerous wild animals. The bill adds
a new Subchapter (E) to Health and Safety Code Chapter 822. Effective September 1, 2001, each county
that does no[ prohibit the keeping of wild animals under Chapter 240, Local Government Code, must
adopt a registration program for certain dangerous wild animals.Z
The commissioners court must adopt an order no later than December 1, 2001, to implement and
administer the registration program. A person may not be required to obtain a registration certificate
under Subchapter E for a dangerous wild animal before June 1, 2002. The statute prescribes both civil
and criminal penalties for violation of the Subchapter.
Two sample court orders and a copy of House Bill 1362 are provided for your convenience in drafting
your county's order. One sample prohibits the keeping of enumerated dangerous wild animals in the
county. The sample lists the animals included in House Bill 1362. Additional animals may be added to
the order if the court finds them to be dangerous.
The second sample order implements a registration program under Health and Safety Code Chapter 822
E.
Either order may be modified to conform to your county's customary format and to include your county's
general recitations.
~ "Wild animal" means soy non-domestic animal that the commissioners court of a county determines is dangerous
and in need of control in that county. §240001, LOCAL GOVEttNMENT CODE.
z "Dangerous wild animal" means: a lion, a tiger, an ocelot, a cougar, a leopard, a cheetah, a jaguar, a bobcat, a lynx,
a serval, a caracul, a hyena, a bear, a coyote, ajackal, a baboon, a chimpanzee, an orangutan, a gorilla, or any hybrid
of One Of these animals. § 822.101(4), HEALTH AND SAFF,TY CODE.
(512)-478-87.53 . 1-800)-456-5974 FAX(512)-47R-OS l9
1-1
1-2
1-3
1-4
1-5
1-6
1-7
1-8
1-9
1-10
1-11
1-12
1-13
1-14
1-15
1-16
1-17
1-18
1-19
1-20
1-21
1-22
1-23
1-24
2-1
2-2
2-3
2-4
2-5
2-6
2-7
2-8
2-9
2-10
2-11
2-12
2-13
2-14
2-15
2-16
2-17
2-18
2-19
2-20
2-21
2-22
2-23
2-24
2-25
2-26
2-27
3-1
3-2
3-3
3-4
3-5
3 6
3-7
3-8
AN ACT
relating to the regulation of dangerous wild animals; providing for
the imposition of civil penalties and the prosecution and
punishment of certain related offenses.
BE IT ENACTED HY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 822, Health and Safety Code, is amended by
adding Subchapter E to read as follows:
SUBCHAPTER E. DANGEROUS WILD ANIMALS
Sec. 822.101. DEFINITIONS. In this subchapter:
(1) "Animal registration agency" means the municipal
or county animal control office with authority over the area where
a dangerous wild animal is kept or a county sheriff in an area that
does not have an animal control office.
(2) "Board" means the Texas Board of Health.
(3) "Cunuue rcial activity" means:
(A) an activity involving a dangerous wild
animal conducted for profit that is not inherent to the animal's
nature;
(B) an activity for which a fee is charged and
that is entertainment using or an exhibition of the animal; or
(C) the selling, trading, bartering, or
auctioning of a dangerous wild animal or a dangerous wild animal's
body parts
(4) "Dangerous wild animal" means:
(A) a lion;
(B) a tiger;
(C) an ocelot;
(D) a cougar;
(E) a leopard;
(F) a cheetah;
(G) a jaguar;
(H) a bobcat;
(I) a lynx;
(J) a serval;
(x) a caracal;
(L) a hyena;
(M) a bear;
(N) a coyote;
(0) a jackal;
(P) a baboon;
(Q) a chimpanzee;
(R) an orangutan;
(S) a gorilla; or
(T) anv hvbrid of an anima] listed in this
subdivision.
corporation, trust, estate, jo
association of individuals.
who owns, harbors, or has
mal.
(7) "Primary enclosure" means any structure used to
immediately restrict an animal to a limited amount of space,
or hutch.
Sec. 822.102. APPLICABILITY OF SUBCIAPTER. (a) Thi
subchapter does not apply to:
(1) a county, municipality, or agency of the state or
an agency of the United States or an agent or official of a county
municipality, or agency acting in an official capacity;
(2) a reseazch IaciliLy, as that term is defined by
3-9
3-10
3-11
3-12
3-13
3-14
3-15
3-16
3-17
3-18
3-19
3-20
3-21
3-22
3-23
3-24
3-25
3-26
3-27
4-1
4-2
4-3
4-4
4-5
4-6
4-7
4-8
4-9
4-10
4-11
4-12
4-13
4-14
4-15
4-16
4-17
4-18
4-19
4-20
4-21
4-22
4-23
4-24
4-25
4-26
4-27
5-1
5-2
5-3
5-4
5-5
5-6
5-7
5-8
5-9
5-10
5-11
5-12
5-13
Section 2(e), Animal Welfare Act (7 U.S.C. Section 2132), a.
subsequent amendments, that is licensed by the secretary of
agriculture of the United States under that Act;
(3) an organization that is an accredited memo
the American 7,0o and Aquarium Association;
(4) an injured, infirm, orphaned, or abandoned
dangerous wild animal while being transported for care or
treatment;
dangerous wild animal while being rehabilitated, treated, or care
for by a licensed veterinarian, an incorporated humane society or
animal shelter, or a person who holds a rehabilitation permit
issued under Subchapter C, Chapter 43, Parks and Wildlife Code;
(6) a dangerous wild animal owned by and in the
custody and control of a transient circus company that is not
based in this state if:
(A) the animal is used as an integral part of
the circus performances; and
(B) the animal is kept within this state only
during the time the circus is performing in this state or for a
period not to exceed 30 days while the circus is performing outside
the United States
(7) a dangerous wild animal while in the temporary
custody or control of a television or motion picture production
company during the filming of a television or motion picture
and in the
as a mascot for the college or university;
(9) a dangerous wild animal while being transported in
interstate commerce through the state in compliance with the Animal
Welfare Act (7 U.S.C. Section 2131 et seq.) and its subsequent
and custody of a person whose only business is supplying nonhuman
primates directly and exclusively to biomedical research
facilities and who holds a Class "A" or Class "B" dealer's license
issued ov the secretary of aariculture of the united states under
subsequent amendments; and
(11) a dangerous wild animal that is:
(A) owned by or in the possession, control, or
custody of a person who is a participant in a species survival plan
of the American Zoo and Aquarium Association for that species; and
(B) an integral part of that species survival
plan.
22.103. CERTIFICATE OF REGISTRATION
certificate of registration in order to recover the costs
A
its
(b) A certificate of registration issued under this
subchapter is not transferrable and is valid for one year after
date of issuance or renewal unless revoked.
5-14
5 15
5-16
5-17
5-18
5-19
5-20
5-21
5-22
5-23
5-24
5 25
5-26
5-27
6 1
6-2
6-3
6-4
6-5
6-6
6-7
6-8
6-9
6-10
6-11
6-12
6-13
6-14
6-15
6-16
6 17
6-18
6-19
6-20
6-21
6-22
6-23
6-24
6-25
6-26
6-27
7-1
7-2
7-3
7-4
7-5
7-6
7-7
7-8
7-9
7-10
7-11
7-12
7 13
7-14
7-15
7-16
7-17
7-18
associated with the administration and enforcement of this
subchapter. The fee charged to an applicant may not excee
each animal registered and may not exceed $500 for each pe
the person. The fees collected under this section may be used on
to administer and enforce this subchapter.
Sec. 822.104. CERTIFICATE OF REGISTRATION APPLICATION. (a)
An applicant for an original or renewal certificate of registrati
for a dangerous wild animal must file an application with an anim
registration agency on a fnrm provided by the animal registratinn
agency.
(b) The application must include:
(1) the name, address, and telephone number of the
applicant;
uld aid in the identification of the anim
exact location where each animal is to be
kept;
4
(B) the applicant has read this subchapter and
that all facilities used by the applicant to confine or enclose the
animal comply with the requirements of this subchapter; and
(5) anv other information the animal registration
may require.
c) An applicant shall i
(1) the nonrefunda
(2) proof, in a form acceptable by the animal
registration agency, that the applicant has liability insurance, as
required by Section 822.107;
(3) a color photograph of each animal being registered
taken not earlier than the 30th day before the date the application
._ c,~_a
(4) a photograph and a statement of the dimensions of
enclosure in which each animal is to be kept and a
ram of the premises where each animal will be kept,
the location of any perimeter fencing and any residence
on the premises; and
(5) if an appl
dealer's license or Class "
secretary of agriculture of the United States under the Pnimal
Welfare Act (7 U.S.C. Section
amendments, a clear and legib
(d) In addition to the
an application for renewal mu
veterinarian licensed to prac
tion lc
elude a statement signed by a
in this state stating that the
veterrnarian:
(1) inspected each animal being registered not earlier
than the 30th day before the date of the filing of the renewal
application; and
(2) finds that the care and treatment of each animal
by the owner meets or exceeds the standards prescribed under this
subchapter.
Sec. 822.105. DENIAL OR REVOCATION OF CERTIFICATE OF
REGISTRATION; APPEAL. (a) If the animal registration agency finds
that an application for an original or renewal certificate of
registration under this subchapter does not meet the requirements
7-19
7-20
7-21
7-22
7-23
7-24
7-25
7-26
7-27
fl-1
8-2
8-3
8-4
8-5
8-6
8-7
8-8
8-9
8-10
8-11
8-12
8-13
8-14
8-15
8-16
8-17
8-18
8-19
8-20
8-21
8-22
8-23
8-24
8-25
8-26
8-27
9-1
9-2
9-3
9-4
9-5
9-6
9-7
9-8
9-9
9-10
9-11
9-12
9-13
9-14
9-15
9-16
9-17
9-18
9-19
9-20
9-21
9-22
9-23
of Section 822.104 or, after inspection, that an applicant has not
complied with this subchapter, the animal registration agency
shall deny the applicant a certificate of registration and give the
applicant written notice of the denial and the reasons for the
(b) If the animal registration agency finds, after
inspection, that a registered owner provided false information in
or in connection with the application or has not complied with this
subchapter, the animal registration agency shall revoke the
certificate of registration and give the owner written notice of
the revocation and the reasons for the revocation.
(c) A person may appeal the denial of an original or renewal
animal is located or the municipal court in the municipality in
which the animal is located not later than the 15th day after the
date the certificate of registration is denied or revoked. Either
party may appeal the decision of the justice or municipal court to
a county court or county court at law in the county in which the
(d) The filing of an appeal of the denia
certificate of registration under Subsection (c
or revocation until the court rules on the appe
Sec. 822.106. DISPLAY OF CERTIFICATE OF
A holder of a certificate of registration shall
ocation of
the denial
subject of the certificate of registration is kept.
(b) Not later than the 10th day after the date a
receives a certificate of registration, the person shal
clear and legible copy of the certificate of registrati
Texas Department of Health. The department shall establ

Sec. 822.107.
wild animal shall n
a certificate of
istration under this
amount of not less than $100,000 for each occurrence for liability
for damages for destruction of or damage to property and death or
bodily injury to a person caused by the dangerous wild animal.
Sec. 822.108. INSPECTION. An owner of a dangerous wild
animal, at all reasonable times, shall allow the animal
licensed veterinarian to enter the premises where the animal is
kept and to inspect the animal, the primary enclosure for the
animal. and the owner's records relating to the animal to ensure
compliance with this
Sec. 822.109.
owner of a dangerous
animal unless the ow
agency in writing of
relocated
to the new
er.
the information
not permanently relocate the
es the animal registration
ion to which the animal will be
aistration aoencv, with respect
(b) Within 10 days after the death, sale, or other
disposition of the animal, the owner of the animal shall notify the
animal registration agency in writing of the death, sale, or other
disposition.
Sec. 822.110. ATTACK BY ANIMAL; ESCAPE OF ANIMAL; LIABILITY.
9-24 (a) An owner of a dangerous wild animal shall notify the animal
9-25 registration agency of any attack of a human by the animal within
9-26 48 hours of the attack.
9-27 (b) An owner of a dangerous wild animal shall immediately
10-1 notify the animal registration agency and the local law enforcement
10-2 agency of any escape of the animal.
10-3 (c) An owner of a dangerous wild animal that escapes is
10-4 liable for all costs incurred in apprehending and confining the
10-5 animal.
10 6 (d) An animal registration agency, a law enforcement agency,
10-7 or an employee of an animal registration agency or law enforcement
10-8 agency is not liable to an owner of a dangerous wild animal for
10-9 damages arising in connection with the escape of a dangerous wild
10-10 animal, including liability for damage, injury, or death caused by
10-11 the animal duzing or after the animal's escape, or for injury to or
10-12 death of the animal as a result of apprehension or confinement of
10-13 the animal after escape.
10-14 Sec. 822.111. POWERS AND DUTIES OF BOARD; CAGING
10-15 REQUIREMENTS AND STANDARDS. (a) The board by rule shall establish
10-16 caging requirements and standards for the keeping and confinement
10-17 of a dangerous wild animal to ensure that the animal is kept in a
10-18 manner and confined in a primary enclosure that:
10-19 (1) protects and enhances the public's health and
10-20 safety;
10-21 (2) prevents escape by the animal; and
10-22 (3) provides a safe, healthy, and humane environment
10-23 for the animal.
10-24 (b) An owner of a dangerous wild animal shall keep and
10-25 confine the animal in accordance with the caging requirements and
10-26 standards established by the board.
10-27 (c) An animal registration agency may approve a deviation
11-1 from the caging requirements and standards established by the
11-2 board, only if:
11-3 (1) the animal registration agency has good cause for
11-4 the deviation; and
11-5 (2) the deviation:
11-6 (A) does not compromise the public's health and
11-7 safety;
11-8 (B) does not reduce the total area of the
11-9 primary enclosure below that established by the board; and
11-10 (C) does not otherwise adversely affect the
11-11 overall welfare of the animal involved.
11-12 Sec. 822.112. CARE, TREATMENT, AND TRANSPORTATION OF ANIMAL.
11-13 (a) For each dangerous wild animal, the owner shall comply with
11-14 all applicable standards of the Animal Welfare Act (7 U.S.C.
11-15 Section 2131 et seq.) and its subsequent amendments and the
11-16 regulations adopted under that Act relating to:
11-17 (1) facilities and operations;
11-18 (2) animal health and husbandry; and
11-19 (3) veterinary care.
11-20 (b) An owner of a dangerous wild animal shall maintain a
11-21 separate written log for each dangerous wild animal documenting the
11-22 animal's veterinary care and shall make the log available to the
11-23 animal registration agency or its agent on request. The log must:
11-24 (1) identify the animal treated;
11-25 (2) provide the date of treatment;
11-26 (3) describe the type or nature of treatment; and
11-27 (4) provide the name of the attending veterinarian, if
12-1 applicable.
12	-2	(c) When transporting a dangerous wild animal, the owner of
12	-3	the animal, or a designated carrier or intermediate handler of the
12	-4	animal, shall comply with all transportation standards that apply
12	-5	to that animal under the Animal Welfare Act (7 U.S.C. Section 2131
12	-6	et seq.) and its subsequent amendments or the regulations adopted
12
12	-7
-8	under that Act.
(d) A person is exempt from the requirements of this section
12	-9	if the person is caring for, treating, or transporting an animal
12-	10	for which the person holds a Class "A" or Class "B" dealer's
12-	11	license or a Class "C" exhibitor's license issued by the secretary
12-	12	of agriculture of the United States under the Animal Welfare Act (7
12-	13	U.S.C. Section 2131 et seq.) and its subsequent amendments.
12-	14	Sec. 822.113. OFFENSE AND PENALTY. (a) A person commits an
12-	15	offense if the person violates Section 822.103(a), Section 822.106,
12-	16	or Section 822.110(a) or (b). Each animal with respect to which
12-	17	there is a violation and each day that a violation continues is a
12-
12-	18
19	separate offense.
(b) A person commits an offense if the person knowingly
12-	20	sells or otherwise transfers ownership of a dangerous wild animal
12-	21	to a person who does not have a certificate of registration for
12-
12-	22
23	that animal as required by this subchapter.
(c) An offense under this section is a Class C misdemeanor.
12-	24	Sec. 822.114. CIVIL PENALTY. (a) A person who violates
12-	25	Section 822.103 (a) is liable for a civil penalty of not less than
12-	26	$200 and not more than $2,000 for each animal with respect to which
12-	27	there is a violation and for each day the violation continues.
13	-1	(b) The county or municipality in which the violation occurs
13	-2	may sue to collect a civil penalty. A civil penalty collected
13	-3	under this subsection may be retained by the county or
13
13	-4
-5	municipality.
(c) The county or municipality in which the violation occurs
13	-6	may also recover the reasonable costs of investigation, reasonable
13	-7	attorney's fees, and reasonable expert witness fees incurred by the
13	-8	animal registration agency in the civil action. Costs or fees
13	-9	recovered under this subsection shall be credited to the operating
13-	10	account from which payment for the animal registration agency's
13-
13-	11
12	expenditures was made.
Sec. 822.115. INJUNCTION. Any person who is directly harmed
13-	13	or threatened with harm by a violation of this subchapter or a
13-	14	failure to enforce this subchapter may sue an owner of a dangerous
13-	15	wild animal to enjoin a violation of this subchapter or to enforce
13-
13-	16
17	this subchapter.
Sec. 822.116. EFFECT OF SUBCHAPTER ON OTHER LAW. (a) This
13-	18	subchapter does not affect the applicability of any other law,
13-	19	rule, order, ordinance, or other legal requirement of this state or
13-
13-
13-	20
21
22	a political subdivision of this state.
(b) This subchapter does not prevent a municipality or
county from prohibiting or regulating by ordinance or order the
13-	23	ownership, possession, confinement, or care of a dangerous wild
13-24
13-25
13-26
13-27
14 1
14-2
14-4
14-5
14-6	animal.
SECTION 2. Section 240.002(a), Local Government Code, is
amended to read as follows:
(a) The commissioners court of a county by order may
prohibit or regulate the keeping of a wild animal in the county[-]
["' :a-n.2: ~r1
~~,~_'7.
SECTION 3. Section 42.09, Penal Code, is amended by adding
Subsection (g) to read as follows:
14-7 (g) It is a defense to prosecution for an offense under this
14-8 section that the person had a reasonable fear of bodily injury to
14-9 the person or to another by a dangerous wild animal as defined by
14-10 Section 822.101, Health and Safety Code.
14-11 SECTION 4. Section 42.01, Penal Code, is amended by adding
14-12 Subsection (e) to read as follows:
14-13 (e) It is a defense to prosecution for an offense under
14-14 Subsection (a)(9) or (11) that the person who discharged the
14-15 firearm had a reasonable fear of bodily injury to the person or to
14-16 another by a dangerous wild animal as defined by Section 822.101,
14-17 Health and Safety Code.
14-18 SECTION 5. Section 240.0025, Local Government Code, is
14-19 repealed.
14-20 SECTION 6. (a) Except as provided by this section, this Act
14-21 takes effect September 1, 2001.
14-22 (b) A person is not required to obtain a certificate of
14-23 registration for a dangerous wild animal under Subchapter E,
14-24 Chapter 822, Health and Safety Code, as added by this Act, before
14-25 June 1, 2002.
14-26 (c) Not later than December 1, 2001, each municipality and
14-27 county shall adopt any ordinance or order necessary to implement
15-1 and administer the certificate of registration program created by
15-2 Subchapter E, Chapter 822, Health and Safety Code, as added by this
15-3 Act, including ordinances or orders relating to the applications
15-4 for original and renewal certificates of registration, fees for
15-5 registration and renewal, and the form and content of the
15-6 application and the certificate of registration.
15-7 (d) Not later than March 1, 2002, the Texas Board of Health
15-8 shall adopt the rules required under Section 822.111, Health and
15-9 Safety Code, as added by this Act.
President of the Senate Speaker of the House
I certify that H.B. No. 1362 was passed by the House on March
8, 2001, by a non-record vote; and that the House concurred in
Senate amendments to H.B. No. 1362 on April 25, 2001, by a
non-record vote.
Chief Clerk of the House
I certify that H.B. No. 1362 was passed by the Senate, with
amendments, on April 19, 2001, by a viva-voce vote.
Secretary of the Senate
APPROVED:
Date
Governor
TMTMTM
AFFIDAVIT OF PUBL1CATlON
The State of Texas:
The County of Kerr:
I Greg Shrader publisher of the Kerrville Times, a
newspaper published in the County of Kerr, State of Texas, do swear that
the foregoing and attached citation was Published in Kerrville, Kerr
County, Texas, a newspaper of general circulation published regularly in
said Kerr County, Texas for more than one year before this date cn the
following dates wit:
3-.~•~1L•~r--~ / ~ 20d!
2GOj
2001
2001
A printed copy of said writ as it was published is attached hereto as
apart hereof.
P blishe of
HE KE RVILLE TIMES,
Kerc County, Kerrville, TX
~j1,~ (_(,.,~,,, o Sworn to and subscribed before me by the said
CJVI t 1 ° I`~'`-~Publishe of The Kerrville Times, on this the
day of , A.D. 200 ~ ~, to certify which witness my hand _ -
and seal of o ice.
c4_ lj-'1u.~~
Notary P ,
Kerr County, Texas
PRINTER'S FEE
+ti1EG E GCE ~`
N ~ P0. 6Yafe ~ ~
ocro ~s