§ 62.101. Definitions
In this subchapter:
(1) “Captivity” means the state of being held under control or kept caged or penned.
(2) “Dangerous wild animal” means a lion, tiger, leopard, cheetah, hyena, bear, elephant, wolf, or rhinoceros and includes any species, subspecies, or hybrid of any of those animals.
(3) “Hybrid” means an offspring of two animals of different breeds, species, or genera.
(4) “Lion” means African and Asiatic lion.
(5) “Sanctuary” means a place of refuge where abused, neglected, unwanted, impounded, abandoned, orphaned, or displaced dangerous wild animals are provided care for their lifetime or until released back to their natural habitat.
CREDIT(S)
Added by Acts 1995, 74th Leg., ch. 23, § 1, eff. Sept. 1, 1995.
§ 62.102. Controlled Killing of or Attempting to Injure Dangerous Wild Animal Prohibited
No person may:
(1) kill or attempt to injure a dangerous wild animal that is:
(A) in captivity in this state; or
(B) released from captivity in this state for the purpose of being killed; or
(2) conduct, promote, assist, or advertise an activity prohibited by Subdivision (1).
CREDIT(S)
Added by Acts 1995, 74th Leg., ch. 23, § 1, eff. Sept. 1, 1995.
§ 62.103. Unlawful Controlled Killing; Certain Commercial Activity Prohibited
No person may:
(1) sell or offer for sale, or transport or consign for transportation in this state, including interstate commerce in this state, a dangerous wild animal that is to be used for controlled killing prohibited by Section 62.102(1); or
(2) sell or offer for sale a part of or a product made from a dangerous wild animal that is used in a controlled kill prohibited by Section 62.102(1).
CREDIT(S)
Added by Acts 1995, 74th Leg., ch. 23, § 1, eff. Sept. 1, 1995.
§ 62.104. Seizure of Dangerous Wild Animal or Carcass, Hide, Part or Product
(a) A peace officer may seize a live dangerous wild animal or a carcass, hide, or part of or a product made from a dangerous wild animal if the officer has probable cause to believe that the live animal, carcass, hide, part, or product possessed by a person was killed, wounded, or injured in, or obtained as a result of, a controlled kill prohibited by Section 62.102(1).
(b) The commission shall adopt rules for the final disposition of a carcass, hide, part, product, or live animal seized under this section.
(c) The department, a game warden, or other department employee authorized to act under this section is immune from criminal or civil liability and from prosecution or civil suit for a seizure conducted under this section or rules adopted under this section.
CREDIT(S)
Added by Acts 1995, 74th Leg., ch. 23, § 1, eff. Sept. 1, 1995.
§ 62.105. Authority of Local Government
This subchapter does not restrict the authority of a local government to regulate the possession of a dangerous wild animal if the regulation does not conflict with this subchapter.
CREDIT(S)
Added by Acts 1995, 74th Leg., ch. 23, § 1, eff. Sept. 1, 1995.
§ 62.106. Exceptions
(a) This subchapter does not apply to a peace officer or other employee of a municipality, a county, or this state, or a person acting at the direction of such an officer or employee, who, while acting in an official capacity or at the direction of such an officer or employee acting in an official capacity, injures or kills a dangerous wild animal that the officer or employee reasonably believes to present, under the circumstances, the possibility of danger to the public. A person described by this subsection is immune from criminal or civil liability and from prosecution or civil suit for causing injury or death to the animal.
(b) This subchapter does not apply to a licensed veterinarian or an employee of a sanctuary exempt from federal taxation under Section 501(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C. Section 501) or of a facility accredited by the Association of Zoos and Aquariums, who, while in the course of such employment, humanely euthanizes a dangerous wild animal to eliminate the suffering of that animal due to illness or injury. A person described by this subsection is immune from criminal or civil liability and from prosecution or civil suit for causing injury or death to the animal.
CREDIT(S)
Added by Acts 1995, 74th Leg., ch. 23, § 1, eff. Sept. 1, 1995.
§ 62.107. Criminal Penalty
A person who violates this subchapter commits an offense that is a Class A Parks and Wildlife Code misdemeanor, unless it is shown at the trial of the defendant for a violation of this subchapter that the defendant has been convicted one or more times before the trial date of a violation of this subchapter, in which case the offense is a Parks and Wildlife Code felony.
CREDIT(S)
Added by Acts 1995, 74th Leg., ch. 23, § 1, eff. Sept. 1, 1995.