§ 6-42. Applicability of requirements governing dangerous, wild animals.

The sections of this chapter governing dangerous, wild animals do 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. § 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, Texas 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 thirty (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. § 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. § 2132, 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.

(Ord. No. 8597, § 1, 1-26-06)

State law reference

Similar provisions, V.T.C.A., Health and Safety Code § 822.102; dangerous wild animals, V.T.C.A. Health and Safety Code § 822.101 et seq.; local regulation of dangerous wild animals, V.T.C.A., Health and Safety Code § 822.116.