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.