Moody’s Pet Raccoon Bill Also Bars Stricter City And County Rules

The text as introduced · 953 words

90R1584 BEE-D

By: Moody
H.B. No. 1090

A BILL TO BE ENTITLED

AN ACT

relating to a permit issued by the Parks and Wildlife Department for

possessing a raccoon as a pet; authorizing a fee; providing an

administrative penalty.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 71.004, Parks and Wildlife Code, is

amended by adding Subsection (b) to read as follows:

(b) Subsection (a) does not apply to the possession of a

raccoon by the holder of a permit issued under Chapter 72.

SECTION 2. Subtitle C, Title 5, Parks and Wildlife Code, is

amended by adding Chapter 72 to read as follows:

CHAPTER 72. PET RACCOON PERMIT

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 72.001. DEFINITION. In this chapter, "raccoon" means

the species Procyon lotor.

Sec. 72.002. COMMISSION RULES. The commission shall adopt

rules as necessary to administer this chapter.

Sec. 72.003. LIMITATION ON MUNICIPAL OR COUNTY REGULATION.

Notwithstanding any other law, a municipality or county may not

adopt or enforce an ordinance, order, or other regulation that

conflicts with or is more stringent than this chapter or a

commission rule adopted under this chapter.

Sec. 72.004. RACCOON OWNERSHIP AWARENESS PROGRAM. The

department shall implement a raccoon ownership awareness program as

prescribed by commission rule to inform the public of the

requirements for raccoon ownership in this state.

SUBCHAPTER B. PET RACCOON PERMIT

Sec. 72.051. PERMIT REQUIRED. A person may not possess a

raccoon as a pet unless the person holds a permit issued under this

chapter.

Sec. 72.052. PERMIT APPLICATION; FEE. (a) An applicant for

a permit under this chapter must apply to the department in the

manner prescribed by commission rule.

(b) The permit application must be accompanied by an

application fee in the amount set by the commission by rule.

Sec. 72.053. PERMIT ISSUANCE. The department shall issue a

permit under this chapter to a person who meets the requirements of

this chapter and commission rules adopted under this chapter.

Sec. 72.054. RACCOON OWNERSHIP COURSE REQUIRED. An

applicant for a permit under this chapter must have completed a

raccoon ownership course approved by the commission by rule.

Sec. 72.055. PERMIT TERM. A permit issued under this

chapter is valid for one year.

Sec. 72.056. PERMIT RENEWAL. The holder of a permit issued

under this chapter may apply to the department to renew the permit

as prescribed by commission rule.

SUBCHAPTER C. RESPONSIBILITIES OF PERMIT HOLDER

Sec. 72.101. SOURCE OF RACCOON POSSESSED UNDER PERMIT. (a)

A permit issued under this chapter does not authorize the permit

holder to take a raccoon.

(b) A raccoon possessed under this chapter may be acquired

only:

(1) as prescribed by commission rule; and

(2) from:

(A) a person authorized to rescue or rehabilitate

raccoons in this state;

(B) a person licensed by the United States

Department of Agriculture to breed raccoons; or

(C) another holder of a permit issued under this

chapter.

Sec. 72.102. REQUIRED VETERINARY CARE; VACCINES. The

holder of a permit issued under this chapter shall arrange for the

provision of appropriate veterinary care for a raccoon possessed

under the permit as prescribed by commission rule, including

administration to the raccoon of vaccines for rabies and other

communicable diseases as required by commission rule.

Sec. 72.103. SHELTER, FOOD AND WATER, AND ENRICHMENT. The

holder of a permit issued under this chapter shall provide a raccoon

possessed under the permit shelter, food and water, and enrichment

suitable for the raccoon as prescribed by commission rule.

Sec. 72.104. BREEDING PROHIBITED. The holder of a permit

issued under this chapter may not breed a raccoon possessed under

the permit unless the person is otherwise authorized to breed

raccoons by the United Stated Department of Agriculture.

SUBCHAPTER D. ENFORCEMENT

Sec. 72.151. INSPECTIONS. (a) A game warden or other

authorized department employee may inspect as prescribed by

commission rule:

(1) a premises where the holder of a permit issued

under this chapter possesses a raccoon; and

(2) records the holder of a permit issued under this

chapter is required by commission rule to maintain regarding a

raccoon possessed under this chapter.

(b) A commission rule adopted under this chapter regarding

the inspection of the premises or records of the holder of a permit

issued under this chapter may not authorize inspection by the

department more than once per year except for an inspection in

response to a violation, alleged violation, or complaint received

regarding a violation or alleged violation of this chapter or a

commission rule adopted under this chapter.

Sec. 72.152. SEIZURE OF RACCOON; TRANSFER OR DISPOSITION.

(a) A peace officer or an authorized department employee may seize

a raccoon possessed under a permit issued under this chapter if the

officer or employee has probable cause to believe the permit holder

is violating this chapter or a commission rule adopted under this

chapter.

(b) The department may transfer a raccoon seized under this

section to the possession of:

(1) another holder of a permit issued under this

chapter; or

(2) a person authorized to rescue or rehabilitate

raccoons in this state.

(c) The department may destroy a raccoon seized under this

section that is determined to be dangerous or harmful as prescribed

by commission rule.

(d) If a raccoon is seized under this section, the

department may assess against the holder of a permit issued under

this chapter an administrative penalty in an amount reasonable to

recover the costs of administering this section, not to exceed

$1,000.

SECTION 3. As soon as practicable after the effective date

of this Act, the Parks and Wildlife Commission shall adopt rules

necessary to implement Chapter 72, Parks and Wildlife Code, as

added by this Act.

SECTION 4. This Act takes effect September 1, 2027.