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  80R7959 ABC-F
 
  By: Hilderbran H.B. No. 3845
 
 
 
   
 
 
A BILL TO BE ENTITLED
AN ACT
relating to the possession, custody, or control of a cougar,
bobcat, or coyote.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Section 822.102(a), Health and Safety Code, is
amended to read as follows:
       (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 injured, infirm, orphaned, or abandoned
dangerous wild animal while being transported for care or
treatment;
             (5)  an injured, infirm, orphaned, or 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 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
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 exclusively 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;
             (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; and
             (12)  [in a county west of the Pecos River that has a
population of less than 25,000,] a cougar, bobcat, or coyote in the
possession, custody, or control of a person who, as part of a
predator or depredation control activity:
                   (A)  [that] has trapped or captured the cougar,
bobcat, or coyote;
                   (B)  transfers the cougar, bobcat, or coyote to a
person permitted to receive the cougar, bobcat, or coyote under
this section; or
                   (C)  specializes in lure production or dog
training as those activities relate to a predator or depredation
control activity [as part of a predator or depredation control
activity].
       SECTION 2.  This Act takes effect September 1, 2007.