l
COMMISSIONERS' COURT AGENDA REQUEST
PLEASE FURNISH ONE ORIGINAL AND TEN (10) COPIES OF THIS
REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT
MADE BY: Commissioner Oehler
MEETING DATE: January 26, 2009
OFFICE: County Commissioner
TIME PREFERRED: 9:30 AM
SUBJECT: Consider, discuss and take appropriate action on order requiring the
registration of dangerous wild animals.
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
NAME OF PERSON ADDRESSING THE COURT: Comm. Oehler
ESTIMATED LENGTH OF PRESENTATION:
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 RQUEST RECEIVED ON:
5:00 PM previous Tuesday
@ .M.
All Agenda Requests will be screened by the County Judge's Office to determine if adequate
information has been prepared for the Court's formal consideration and action at time of Court
Meetings. Your cooperation will be appreciated and contribute towards your request being
addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners'
Court.
STATE OF TEXAS §
COITNTY OF KERB §
ORDER REQUIRING THE REGISTRATION OF
DANGEROUS WILD ANIMALS
WfIEREAS; this Order is adopted under HEALTH AND SAFETY CODE, Chapter 882 E;
VVfIEREAS, the dangerous wild animal registration program is adopted to protect the health and safety
of the residents of Kerr County;
WI-IEREAS, the registration program applies in the unincorporated areas of Kerr County;
IT IS HEREBY ORDERED by the Commissioners' Court of Ken County that the following animals are
required to be registered:
Lions, Tigers, Ocelots, Cougars, Leopards, Cheetah, Jaguars, Bobcats, Lynx,
Servals, Cazacals, Hyenas, Bears, Coyotes, Jackals, Baboons, Chimpanzees,
Orangutans, Gorillas, Wolves, and hybrids of these animals.
The Animal Control Office shall implement the registration program;
The Animal Control Office shall administer and enforce the registration program in accordance with
HEALTH AND SAFETY CODE, Chapter 822 E. The Animal Control Office shall prescribe the
appl;Cation form and the registration certificate required by HEALTH AND SAFETY CODE, Chapter
822 E. -
IT IS FURTHER ORDERED that a person may not own, keep, or have custody of an animal to which this
order applies unless the person obtains an annual registration certificate from the Animal Control Office.
A person is not required to obtain a registration certificate before June 2, 2002.
The Animal Control Office shall collect a nonrefundable $50.00 fee will: each application for issuance or
annual renewal of a registration submitted under this Order. However, a person may not be charged more
than a total of $500.00 in fees regardless of the number of animals the person is registering.
A person commits an offense if the person violates the registration requirements unposed under this
Order, fails to display a registration certificate in accordance with HEALTH AND SAFETY CODE,
Chapter 822 E, or fails to notify the Animal Contras Office of the attack of a human by a dangerous wild
animal or the escape of a dangerous wild animal as required by Chapter 022 E, I3EAI.TH AILTD SAFETY
CODE. Each animal with respect to which there is a violation and each day that a violation continues is a
separate offense.
A person commits an offense if the person knowingly transfers or sells a dangerous wild animal to a
person who does not have a certificate of registration for the animal. An offense order this Order is a
Class C rnisdemeanor.
A person who fails to register a dangerous wild animal in accordance with this Order and Chapter 822 E,
HEALTH AND SAFETY CODE is liable for a civil penalty of not less than $200.00 or more than
$2,000.00 for each animal with respect to which there is a violation and for each day the violation
continues.
ADOPTED this 2fith day of November 2001, by a vote of 4 ayes and 0 nays.
RR LINTY JUDGE
Attest:
K County Clerk
,- o~~~yStON~~
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ORDER NO, 27332
APPROVED AMENDED ORDER REQUIRING
REGISTRATION OF DANGEROUS WILD ANIMALS
On this the 2Gth day of November 201, upon motion made by
Commissioner Griffins seconded by Commissioner Baldwin, the
Court unanimously approved by a vote of 4-@-fib, the order
requiring the registration of dangerous wild animals in the
unincorporated areas of Kerr County as amended.
5
§169.131. Caging Requirements and Standards for Dangerous Wild Animals.
(a) Defutitions.
(1) Key components of facilities for confuting dangerous wild animals and
restricting public contact with the animals are the primary enclosure and the perimeter
fence.
(A) Primary enclosure -Any structure used to immediately restrict an
animal to a limited amount of space, including a cage, pen, nui, room, compartment, or
hutch.
(B) Perimeter fence - A barrier surrounding the azea containing the
primary enclosures} that restricts public access to the area.
(2) Where specified in this section, primary enclosures for dangerous wild
animals shall be equipped to provide for the protection and welfare of the animals and the
safety of handlers and the public. Such equipment includes, but is not limited to.
(A) Safety entrance - A protected, secure area that can be entered by a
keeper that prevents animal escape and safeguards the keeper, or a device that can be
activated by a keeper that prevents animal escape and safeguards entry_
(B) Shelter, nest box, or den - A structure that protects the animal from
the elements (weather conditions). Such structures may vary in size depending on the
security and biological needs of the species. The structures are particularly described as
follows.
(i) Shelter - A structure that provides protection from the elements
and from extremes in temperature that are detrimental to the health and welfare of the
animal. When vegetation and landscaping is available to serve as protection from the
elements, access to a shelter shall also be provided during inclement weather conditions.
Such shelter shall be attached to or adjacent to the primary enclosure_
(ii) Nest box or den - An enclosed shelter that provides a retreat
area within, attached to, or adjacent to a primary enclosure of specified size, which shall
provide protection from the elements and from extremes in temperature that aze
detrimental to the health and welfare of the animal_
(C) Elevated platform or perching area - A surface or structure, either
natural or manmade, positioned above the floor or above the grade level of the primary
enclosure that will provide a resting area for the animal(s).
'S
(D) Gnawing and chewing items -Natural or artificial materials that
provide for the health of teeth, so as to keep teeth sharp, remove tartar, and promote
general oral hygiene- Gnawing items include, but aze not limited to, logs and trees.
Chewing items include, but are not limited to, woody stems, knuckle bones, and rawhide
objects. Suitability is dependent upon species of animal.
(b) General Requirements.
(1) Primary enclosures for housing dangerous wild animals shall be
sufficiently strong to prevent escape and to protect the animal from injury and shall be
equipped with structural safety barriers to prevent any public contact with the animal.
Structural barriers may be constructed from materials such as fencing, landscaping, or
close-mesh wire, provided that materials used are safe and effective in preventing public
contact.
(2) All primary enclosures less than 1,000 square feet shall be covered at
the top to prevent escape.
(3) A perimeter fence, sufficient to deter entry by the public, shall be a
minimum of 8 feet in height and shall completely surround the premises where animals
are housed or exercised outdoors. Perimeter fences constructed of materials, such as
chain link or welded wire, that allow objects to be passed through them shall be at least 3
feet from the primary enclosure or exercise area.
(c) Structural Requirements for Primary Enclosures. Tn addition to the size and
equipment requirements for primary enclosures, dangerous wild animals shall be caged in
accordance.with the following requirements.
(1) All primary enclosures shall be equipped with a safety entrance. Such
entrances shall include adouble-door mechanism, interconnecting cages, clock-down
area, or other comparable devices that will prevent escape and safeguard the keeper.
Safety entrances shall be constructed of materials that aze of equivalent strength as that
prescribed for cage construction for that particular species. The azea occupied by the
safely entrance shall be in addition to the space requirements for the primary enclosure.
(2) All primary enclosures constructed of chain link or other approved
materials shall be well braced and securely anchored at or below ground Ievel to prevent
escape by digging or erosion. Metal clamps, ties, or braces used in the construction of
enclosures shall be of strength equivalent to the material required for primary enclosure
construction for the particular species.
(3) Additional minimum requirements for specific species and hybrids of
those species shall be as follows.
(A) Chimpanzees, gorillas, and orangutans-
(i) Outdoor facilities -Construction material shall consist of steel
bars, 2-inch galvanized pipe, masonry block, or their strength equivalent.
(ii} Indoor facilities -Potential escape routes shall be equipped
with steel bars, 2-inch galvanized pipe, or equivalent.
(B) Baboons, jaguars, tigers, lions, leopards, cougars, cheetahs, bears,
and hyenas.
(i} Outdoor facilities -Construction material shall consist of not
less than 9-gauge chain link or equivalent.
(ii} Indoor facilities -Potential escape routes shall be equipped
with wire or grating of not less than 9-gauge or equivalent.
(C) Ocelots, servals, lynxes, bobcats, caracals, coyotes, and jackals.
(i) Outdoor facilities -Construction material shall consist of not
less than 12-gauge chain link or equivalent.
(ii} Indoor facilities -Potential escape routes shall be equipped
with wire or grating not less than 12-gauge or equivalent.
(d) Primary Enclosure Size and Equipment Requirements. No dangerous wild
animal shall be confined in any primary enclosure that contains more individual animals
than specified in this section, is smaller in dimension than specified in this section, or is
not equipped as specified in this section. The area occupied by pools, ponds, or lakes
shall be in addition to the space requirements for the primary enclosure.
(1) Primates.
(A) In addition to species-related requirements of this section, each
primary enclosure shall have accessible devices to provide physical stimulation or
manipulation compatible with the species. Each device shall be noninjurious and may
include, but is not limited to, boxes, balls, mirrors, or foraging items.
(B) Each primary enclosure shall have perching area(s) and shelter(s)
that will accommodate all animals in the enclosure simultaneously.
(C) Each primary enclosure shall have horizontal and vertical climbing
structures appropriate for the species.
(D) Requirements for specific primate species are as follows:
(i} Baboons. For one animal the primary enclosure shall have a
floor area of 100 square feet with a wall or fence 8 feet high. For each additional animal
primary enclosure size shah be increased by 100 square feet.
(ii) Chimpanzees. For one animal the primary enclosure shall have
a floor area of 200 square feet with a wall or fence 8 feet high. For each additional
animal primary enclosure size shall be increased by 100 square feet.
(iii) Orangutans. For one animal the primary enclosure shall have
a floor area of 200 square feet with a wall or fence 10 feet high. For each additional
animal primary enclosure size shall be increased by 200 square feet.
(iv) Gorillas. For one animal the primary enclosure shall have a
floor area of 300 square feet with a wall or fence 8 feet high. For each additional animal
primary enclosure size shall be increased by 200 square feet.
(2) Wild felines.
(A) In addition to requirements of this section, each primary enclosure
shall be equipped with ashelter(s)/nest box(es) large enough to accommodate all the
animals in the enclosure simultaneously-
(B) Each primary enclosure shall have an accessible device to provide
physical stimulation or manipulation compatible with the species. Such device shall be
noninjurious and may include, but is not limited to, boxes, balls, bones, barrels, drums,
rawhide materials, or pools. The area occupied by a pool shall be in addition to the space
requirements for the primary enclosure.
(C) Each primary enclosure shall have an elevated platform large
enough to accommodate all animals in the enclosure simultaneously.
(D) Each primary enclosure shall have a claw log.
(E} Requirements for specific species of wild felines are as follows:
(i) Lions, tigers, and cheetahs.
(I) For one animal the primary enclosure shal_1 have a floor
area of 300 square feet with a wall or fence 8 feet high. For each additional animal
primary enclosure size shall be increased by 150 square feet-
(II) Outdoor primary enclosures over 1,000 square feet
(uncovered) shall have vertical jump walls at least 10 feet high with a 45 degree inward
angle overhang 2 feet wide or jump walls at least 12 feet high without an overhang. The
inward angle fencing shall be made of the same material as the vertical fencing.
(ii) Jaguars, leopards, and cougars.
{I) For one animal the primary enclosure shall have a floor
area of 200 square feet with a wall or fence 8 feet high. For each additional animal
primary enclosure size shall be increased by 100 square feet.
(Il) Jaguars, leopards, and cougars shall not be kept in
uncovered enclosures.
(iii) Bobcats, lynxes, ocelots, caracals, and servals. For one animal
the primary enclosure shall have a floor area of 80 square feet with a wall or fence 8 feet
high. For each additional animal primary enclosure size shall be increased by 40 square
feet.
(3) Bears.
(A) In addition to the requirements of this section, each primary
enclosure shall be equipped with a shelter(s) that shall accommodate all animals in the
enclosure simultaneously.
(B} Each primary enclosure shall have an accessible device to provide
physical stimulation or manipulation compatible with the species. Such device shall be
noninjurious and may include, but is not limited to, boxes, balls, bones, barrels, drums,
climbing apparatus, or foraging items.
(C) Each primary enclosure shall have an elevated platform(s) for
resting.
(D) Requirement for specific types of bears are as follows:
(i) Sun bears.
(I) For one animal the primary enclosure shall have a floor
area of 200 square feet with a wall or fence 8 feet high- For each additional animal
primary enclosure size shall be increased by 100 square feet_
(II) Each primary enclosure shall have, as a minimum, a a-
foot by 4-foot pool of water, 2 feet deep. The area occupied by the pool shall be in
addition to the space requirements for the primary enclosure.
(ii) Black bears and Asiatic bears.
(I) For one animal the primary enclosure shall have a floor
area of 300 square feet with a wall or fence 8 feet high. For each additional animal
primary enclosure size shall be increased by 150 square feet.
(II) Each primary enclosure shall have, as a minimum, a 4-
foot by 6-foot poal of water, 3 feet deep. The area occupied by the pool shall be in
addition to the space requirements for the primary enclosure.
(iii) Brown bears and polar bears.
(I) For one animal the primary enclosure shall have a floor
area of ;00 square feel with a wait or fence I0 feet high. r or each additional animal
primary enclosure size shall be increased by Z00 square fee*_
(II) Each primary enclosure for brown bears shall have, as a
minimum, a 6-foot by 10-foot pool of water, 4 feet deep. The area occupied by the pool
shall be in addition to the space requirements for the primary enclosure.
(III) Each primary enclosure for polar bears shall have, as a
minimum, a 10-foot by 10-foot pool of water, 5 feet deep. The area occupied by the pool
shall be in addition to the space requirements for the primary enclosure.
(4) Coyotes and jackals.
(A) In addition to the requirements of this section, each primary enclosure
shall be equipped with a shelter(s)lden(s) that shall accommodate all the animals in the
enclosure simultaneously.
(B) Each primary enclosure shall have an accessible device to provide
physical stimulation or manipulation compatible with the species. Such device shall be
noninjurious and may include, but is not limited to, boxes, balls, bones, barrels, drums,
rawhide materials, or pools. The area occupied by a pool shall be in addition to the space
requirements for the primary enclosure.
(C) For one animal the primary enclosure shall have a floor area of 150
square feet with a wail or fence 6 feet high. For each additional animal primary
enclosure size shall be increased by 100 square feet.
(D) Each primary enclosure shall have an elevated platform large enough
to accommodate ali animals in the enclosure simultaneously.
(E) Uncovered outdoor primary enclosures over 1,000 square feet shall
have vertical jump walls at least 8 feet high with a 45 degree inward angle overhang 2
feet wide or jump walls 10 feet high without an overhang. The inward angle fencing
shall be made of the same material as the vertical fencing.
(5) Hyenas.
(A) For one animal the primary enclosure shall have a floor area of 200
square feet with a wall or fence 6 feet high. For each additional ~::imal primary
enclosure size shall be increased by 100 square feet.
(B) Each primary enclosure shall have an elevated platform large enough
to accommodate all animals in the enclosure simultaneously.
(C) Outdoor primary enclosures over 1,000 square feet (uncovered) shall
have vertical jump walls at least 8 feet high with a 45 degree inward angle overhang 2
feet wide or jump walls 10 feet high without an overhang. The inward angle fencing
shah be made of the same material as the vertical fencing.
SUBCHAPTER E. DANGEROUS WII,1? AN7IMALS
Section 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) "Commercial 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,
(F) a leopard;
(~ a cheetah;
(G) aJaguar;
(I-~ a bobcat;
(1) a lynx;
(J) a serval;
(K) a caracal;
(L) a hyena;
(11~ a bear,
(1~ a coyote;
(O) a jackal;
(P) a baboon;
(Q) a chimpanzee;
(Rl an nra,~r a tan;
(S) a goriua; or
(T) any hybrid of an animal listed in this subdivision.
(5) "Owner" means any person who owns, harbors, or has custody or
control of a dangerous wild animal.
(6) "Person" means an individual, partnership, corporation, mast,
estate, joint stock company, foundation, or association of individuals.
('~ "Primary enclosure" means any structure used to immediately
restrict an animal to a limited amount of space, including a cage, pen, run, room,
compartment, or hutch.
Section 822.102. Applicability of Subchapter.
(a) This 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 research facility, as that term is defined by Section 2(e), Animal
Welfare Act (7 U.S.C. Section 2132), and its subsequent amendments, that is
licensed by the secretary of agriculture: of the United States under that Act;
(3) an organization that is an accredited member of the American Zoo
and Aquarium Association;
(4) an anJured, infirm, orphaned, or abandoned dangerous wild animal
while being transported for care or treatment;
(5) an injured, infirm, orphaned, ar abandoned dangerous wild animal
while being rehabilitated, treated, or cared 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 p?rfo ;ng out~;de tie r TLted Stites;
(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 production in this state;
(8) a dangerous wild animal owned by and in the possession, custody,
or control of a college or university solely 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 amendments and the regulations adopted
under that Act;
(10) a nonhuman primate owned by and in the control and custody of
a person whose only business is supplying nonhuman primates directly and
exchisively to biomedical research facilities and who holds a Class "A" or Class
"B" dealer's license issued by the secretary of agriculture of the United States
under the Animal Welfare Act (7 U.S.C. Section 2131 et seq_) and its 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.
(b) This subchapter does not require a municipality that does not have an
animal control office to create that office.
Section 822.103. Certificate of Registration; Fees.
(a) A person may not own, harbor, or have custody or control of a dangerous
wild animal for any purpose unless the person holds a certificate of registration for that
animal issued by an animal registration agency.
(b) A certificate of registration issued under this subchapter is not transferrable
and is valid for one year a$er its date of issuance or renewal unless revoked.
(c) The animal registration agency may establish anc charge reasonable fees for
application, issuance, and renewal of a certificate of registration in order to recover the
costs associated with the a n,;,,;~tion ~,d enfo~:,en7~nt v this subchapter. i~ne fee
c;sarged to an applicant may not exceed $50 for each animal registered and may not
exceed $504 for each person registering animals, regardless of the number of animals
owned by the person. The fees collected under this section may be used only to
administer and enforce this subchapter.
Section 822.104. Certificate of ]Registration Application.
(a} An applicant for an original or renewal certificate of registration for a
dangerous wild animal must file an application with an animal registration agency on a
form provided by the animal registration agency.
(b) The application must include:
(1) the name, address, and telephone number of the applicant;
(2) a complete identification of each animal, including species, sex,
age, if known, and any distinguishing marks or coloration that would aid in the
identifcation of the animal;
(3) the exact location where each animal is to be kept;
(4) a sworn statement that:
(A) all information in the application is complete and
accurate; and
(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) any other information the animal registration agency may require.
(c) An applicant shall include with each application:
(1) the nonrefundable fee;
(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 is filed;
(4) a photograph and a statement of the dimensions of the primary
enclosure in which each animal is to be kept and a scale diagram of the premises
`vhe-p weh animal ~°~ be kept, including the location of any perimeter fencing
and any residence on tae premises; and
(5) if an applicant holds a Class "A" or Class "B" dealer's license or
Class °C" exhibitor's license issued by the secretary of agriculture of the United
States under the Animal Welfare Act (7 U.S.C. Section 2131 et seq.) and its
subsequent amendments, a clear and legible photocopy of the license.
(d) In addition to the items required under Subsection (c), an application for
renewal must include a statement signed by a veterinaria„ licensed to practice in this
state stating that the veterinarian:
(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.
Section 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
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
denial.
(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 certificate of
registration or the revocation of a certificate of registration to the justice court for the
precinct in which the 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
justice or municipal court is located. The decision of the county court or county court at
law may not be appealed
(d) The filing of an appeal of the denial or revocation of a certificate of
registration under Subsection (c) stays the denial or revocation until the court rules on
the appeal.
Section 822.1 Ob. Display of Certificate of Registration.
(a) A holder of a certificate of registration shall prominently display the
certificate at the premises where each animal that is the subject of the certificate of
registration is kept.
(b) Not later than the 10th day after the date a person receives a certificate of
registration, the person shaIl file a clear and legible copy of the certificate of registration
with the Texas Department of Health. The department shall establish a procedure for
filing a certificate of registration and shall charge a reasonable fee in an amount
sufficient to recover the cost associated with filing a certificate of registration under this
sabsection_
Section. 822.107. Liability Insurance.
An owner of a dangerous wild animal shall maintain liability inSt,rance coverage in an
amount of not less than $100,000 for each occurrence for liability for damages for
destruction of ar damage to property and death or bodily injury to a person caused by
the dangerous wild animal
Section. 822.108. Inspection.
An owner of a dangerous wild animal, at all reasonable times, shall allow the animal
registration agency, its staff, its agents, or a designated 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
subchapter.
Secfion 822.109. Relocation or Disposition of Animal.
(a) An owner of a dangerous wild animal may not permanently relocate the
animal unless the owner first notifies the animal registration agency in writing of the
exact location to which the animal will be relocated and provides the animal registration
agency, with respect to the new location, the information required by Section 822.104.
(b) Within I 0 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, ar other disposition.
Section 822.110. Attack by Animal; Escape of Animal; Liability.
(a) An owner of a dangerous wild animal shall notify the animal registration
agency of any attack of a human by the animal yyith,~„ 48 ho,~*,s af+?,e at#ac~
(b) An owner of a dangerous wild animal shall immediately notify the animal
registration agency and the local law enforcement agency of any escape of the animal_

(c) A.n owner of a dangerous wild animal that escapes is liable for all costs
incurred in apprehending and confining the animal.
(d) An animal registration agency, a law enforcement agency, or an employee
of an animal registration agency or law enforcement agency is not liable to an owner of
a dangerous wild animal for damages arising in connection with the escape of a
dangerous wild animal, including liability for damage, injury, or death caused by
the animal during or after the animal's escape, or for injury' to or death of the animal as a
result of apprehension or confinement of the animal after escape.
Section 822.111. Powers and Duties of Board; Caging Requirements and
Standards.
(a) The board by rule shall establish caging requirements and standards for the
keeping and confinement of a dangerous wild animal to ensure that the animal is kept in
a manner and confined in a primary enclosure that:
(1) protects and enhances the public's health and safety;
(2) prevents escape by the animal; and
(3) provides a safe, healthy, and humane environment for the animal,
(b) An owner of a dangerous wild animal shall keep and confine the animal in
accordance with the caging requirements and standards established by the board.
(c) An animal registration agency may approve a deviation from the caging
requirements and standards established by the board, only if:
(1) the animal registration agency has good cause for the deviation;
and
(2) the deviation.
(A) does not compromise the public's health and safety;
(B) does not reduce the total area of the primary enclosure
below that established by the board; and
(C) does not otherwise adversely affect he overall welfare
of the animal involved
Section 822.112. Care, Treatment, and Transportation of Animal
(a) For each dangerous wild animal, the owner shall comply with ail applicable
standards of the Animal Welfare Act (7 U.S.C. Section 2131 et seq.) and its subsequent
amendments and the regulations adopted under that Act relating to:
(1) facilities and operations;
(2) animal health and husbandry; and
(3} veterinary care.
(b) An owner of a dangerous wild animal shall maintain a separate written log
for each dangerous wild animal documenting the animal's veterinary care and shall
make the log available to the animal registration agency or i*,. agent on request The log
must:
(1) identify the animal treated;
(Z) provide the date of treatment;
(3) describe the type or nature of treatment; and
(4) provide the name of the attending veterinarian, if applicable.
(c) When transporting a dangerous wild animal, the owner of the animal, or a
designated earner or intermediate handler of the animal, shall comply with all
transportation standards that apply to that ani~~al under the Animal Welfare Act (7
U.S.C.. Section 2131et seq.) and its subsequent amendments or the regulations adopted .
under that Act.
(d) A person is exempt from the requirements of this section if the person is
caring for, treating, or transporting 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 (7 U.S.C. Section
2131 et seq.) and its subsequent amendments.
Section 822.II3. Offense and Penalty.
(a) A person comoonits an offense if the person violates Section 822.103(a},
Section 822.106, or Section 822.110(x) or (b). Each animal with respect to which
there is a violation and each day that a violation continues is a separate offense.
(b) A person commits an offense if tl!e person knowingly sells or other~~zie
u~'+~fers vv v'~uer$hip Ci a serous r`Liiu aiuii"]c. iv n yerSGi, v.%uv does u~t uai%% $ -
certificate of registration for that animal as required by this subchapter.
(c) An offense lender this section is a Class C misdemeanor.
Section 822.114. Civil Penalty.
(a) A person who violates Section 822.103(a) is liable for a civil penalty ofnot
Iess 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) The county or municipality in which the violation occurs may sue to collect
a civil penalty. A civil penalty collected under this subsection may be retained by the
county or municipality.
(c) The county or municipality in which the violation occurs may also recover
the reasonable costs of investigation, reasonable attorney's fees, and reasonable expert
witness fees incurred by the animal registration agency in the civil action. Costs or fees
recovered under this subsection shall be credited to the operating account from which
payment for the animal registration agency's expenditures was made.
Section 822.115. Injunction.
Any person who is directly harmed or threatened with harm by a violation of this
subchapter or a failure to enforce this subchapter may sue an owner of a dangerous
wild animal to enjoin. a violation of this subchapter or to enforce this subchapter.
Section 822.116. Effect of Subchapter on Other Law.
(a) 'This subchapter does not affect the applicability of any other law, rule,
order, ordinance, or other legal requirement of this state or 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 ownership, possession, confinement, or care of a
dangerous wild animal.
SECTIOleh 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.
SECTION 3.
Section 42.09.
Penal Code, is amended by adding Subsection (g) to read as follows:
(g) It is a defense to prosecution for an offense under this section that the
person had a reasonable feaz of bodily injury to the person or to another by a dangerous
wild animal as defined by Section 822.101, Health and Safety Code.
SECTION 4.
Section 42.01.
Penal Code, is amended by adding Subsection (e) to read as follows:
(e) It is a defense to prosecution for an offense under Subsection (a)(9) or (11)
that the person who discharged the firearm had a reasonable fear of bodily injury to the
person or to another by a dangerous wild animal as defined by Section 822.101,
Health and Safety Code_
SECTION 5.
Section 240.0025.
Local Government Code, is repealed
SECTION 6.
(a) Except as provided by this section, this Act takes effec~ September 1, 2001 _
(b) A person is not required to obtain a certificate of registration for a
dangerous wild animal under Subchapter E, Chapter 822, Health and Safety Code, as
added by this Act, before June 1, 2002.
(c) Not later than December 1, 2001, each municipality and county shah adopt
any ordinance or order necessary to implement and administer the certificate of
registration program created by Subchapter E, Chapter 822, Health and Safety Code, as
added by this Act, including ordinances or orders relating to the applications for original
and renewal certificates of registration, fees for registration and renewal, and the form
and content of the application and the certificate of registration.
(d} Not later than March 1, 2002, the Texas Board of Health shall adopt the
rules required under Section 822.111, Health and Safety Code, as added by this Act.
PUBIC PARTICIPATION FORI~~
FOR ~.~-
KERR COUNTY COMMISSIONERS' COURT
INSTRUCTIONS: Fill out all appropriate blanks. Please print or write legibly. Present
to the COUNTY CLERK riot to the time that the Agenda Item (or Items) you wish to
address are discussed.
If you are handing out any material or documents to the Court, please make sure
you have one extra copy for the Clerk~o ensure that one is put into the record.
Name:
Address:.
~- - ~ l
Telephone: __ ~ ~„ 7 ~ ~; ~...;
Place of Employment: ~ r, ~~,
Employment Telephone:
Do you represent any particular group or organization? Yes No
If you represent a group or organization, please state the name, address and
telephone number of such group or organization:
Which Agenda Item (or Items) do you wish to address: ~1 ~%
- ~~
In general, are you for or against such Agenda Item (or Items)? For Against
~~%,
Signature
NOTE: This Public Participation Form must be presented to the County Clerk prior to
the time the agenda item(s) are discussed.
Once you reach the podium please state your name and who/what you represent
clearly for the court reporter to accurately record who you are