HBA-DMH H.B. 2933 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2933 By: Chavez County Affairs 4/16/2001 Introduced BACKGROUND AND PURPOSE Under current law, the treatment of animals held by circuses, carnivals, and zoos is regulated by the Texas Board of Health. Zoos accredited by the American Association of Zoological Parks and Aquariums are exempt from these regulations because of the strict enforcement standards necessary to maintain accreditation with the association. Other entities are licensed under the federal Animal Welfare Act and may not be regularly monitored; therefore, local control is necessary to ensure the proper treatment of these animals. House Bill 2933 provides for the establishment of local animal authorities and sets forth operating standards to be enforced by the local animal authority. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to the Texas Board of Health SECTION 10 of this bill. ANALYSIS House Bill 2933 amends the Occupations Code to require a person who operates a circus, carnival, or zoo to comply with operating standards adopted by the Texas Board of Health (board). The bill requires the commissioners court of each county and the governing body of each municipality to designate an officer to act as the local animal authority, not later than January 1, 2002, to regulate circuses, carnivals, and zoos. The bill requires the local animal authority, rather than the board, to inspect circuses, carnivals, and zoos to determine if they comply with adopted standards. The bill requires the local animal authority to enforce regulations, board rules, and ordinances or rules of the municipality or county the local animal authority serves. The bill authorizes the local animal authority, rather than the board or its agents, to enter at reasonable times to conduct an inspection. The bill requires the board to prescribe the qualifications for the local animal authority employed by the county or municipality to conduct an inspection. The bill prohibits a person required under the federal Animal Welfare Act to hold a license from operating a circus, carnival, or zoo in this state unless the person: _holds the required license; and _furnishes proof to the commissioner of health (commissioner) and the local animal authority that the circus, carnival, or zoo has been inspected within the last 12 months by the federal agency administering the Animal Welfare Act. If a person complies with such licensing and inspection requirements, the bill provides that the person is exempt from local animal authority regulation. If a person who is not exempt under the preceding provisions operates a circus, carnival, or zoo in violation of the adopted operating standards, the bill authorizes the local animal authority, rather than the commissioner, to seek a writ ordering the sheriff or other peace officer to seize any of the animals being kept on the premises of the circus, carnival, or zoo. If a court determines the animals are in danger of being harmed by a gross violation of the board's operating standards, the bill requires the court to order a public sale by auction of the seized animals and requires that the proceeds be applied first to the expenses incurred in conducting the sale and to the expenses incurred by the local animal authority in seizing and maintaining the impounded animals. The bill requires the court to return any excess proceeds to the person from whom the animals were seized. The bill provides that a violation of an operating standard adopted by the board is a Class C misdemeanor. The bill repeals law relating to the licensing of persons to operate a circus, carnival, or zoo by the board. EFFECTIVE DATE September 1, 2001.