State Codes and Statutes
Statutes > Texas > Occupations-code > Title-13-sports-amusements-and-entertainment > Chapter-2152-regulation-of-circuses-carnivals-and-zoos
OCCUPATIONS CODE
TITLE 13. SPORTS, AMUSEMENTS, AND ENTERTAINMENT
SUBTITLE D. OTHER AMUSEMENTS AND ENTERTAINMENT
CHAPTER 2152. REGULATION OF CIRCUSES, CARNIVALS, AND ZOOS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 2152.001. DEFINITIONS. In this chapter:
(1) "Board" means the Texas Board of Health.
(2) "Circus" or "carnival" means a commercial variety show
featuring animal acts for public entertainment.
(3) "Commissioner" means the commissioner of health.
(4) "Department" means the Texas Department of Health.
(5) "Person" means an individual, association, partnership,
corporation, trust, estate, joint-stock company, foundation, or
political subdivision.
(6) "Zoo" means any mobile or stationary premises where living
animals that normally live in a wild state are kept primarily for
display to the public.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 2152.002. EXEMPTION FROM REGULATION. This chapter does not
apply to:
(1) a circus, carnival, or zoo licensed under the federal Animal
Welfare Act (7 U.S.C. Section 2131 et seq.) and that furnishes
proof to the commissioner that it is inspected by the federal
agency administering that act at least once each calendar year;
(2) a zoo:
(A) operated by a political subdivision of this state or a
child-care institution; or
(B) accredited by the American Association of Zoological Parks
and Aquariums;
(3) a premises where nonindigenous ruminants are bred and
raised; or
(4) an organization sponsoring, and all persons participating
in, an exhibition of a domestic livestock show or rodeo.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
SUBCHAPTER B. BOARD POWERS AND DUTIES
Sec. 2152.051. RULEMAKING AUTHORITY. The board shall adopt
rules necessary to administer this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 2152.052. OPERATING STANDARDS. (a) The board shall adopt
standards for the operation of circuses, carnivals, and zoos that
promote humane conditions for animals and protect the public
health and safety.
(b) The standards must include provisions relating to housing
and sanitation, animal health and disease control, and control,
care, and transportation of animals.
(c) In adopting and enforcing standards under this section, the
board may consult experts and persons concerned with the welfare
of animals in circuses, carnivals, and zoos.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 2152.053. BOARD INSPECTIONS. (a) The board shall inspect
circuses, carnivals, and zoos to determine if they comply with
the standards adopted under Section 2152.052.
(b) The board or its agents may enter at reasonable times to
conduct an inspection under this section.
(c) The board shall prescribe the qualifications for its agents
employed to conduct an inspection under this section.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 2152.054. FEES. (a) The board shall prescribe the amount
of each type of fee required by this chapter.
(b) A fee received by the board under this chapter is not
refundable.
(c) During the period beginning on August 31 and ending on
September 10 of each year, the board shall file with the governor
an annual financial report relating to the administration of this
chapter.
(d) If the funds in the circus, carnival, and zoo licensing fund
at the beginning of the state fiscal year plus the fees
anticipated for that year exceed the probable costs of
administering this chapter during that year, the board shall
reduce the fees required by this chapter by the amount necessary
to eliminate the projected surplus.
(e) All expenses for the administration of this chapter shall be
paid from fees collected by the board under this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 2152.055. CONTRACTS. (a) The board may enter into
contracts or agreements necessary to administer this chapter.
(b) Under a contract or agreement, the board may pay for
materials, equipment, or services from any available funds.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
SUBCHAPTER C. LICENSE REQUIREMENTS
Sec. 2152.101. LICENSE REQUIRED. A person may not operate a
circus, carnival, or zoo unless the person holds a license issued
under this chapter for the circus, carnival, or zoo.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 2152.102. APPLICATION. To be licensed under this chapter,
a person must:
(1) submit to the board a written application on a form
prescribed by the board;
(2) furnish information requested by the board; and
(3) pay an application fee.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 2152.103. LICENSE ISSUANCE. (a) The board shall issue a
license under this chapter to an applicant who:
(1) complies with Section 2152.102;
(2) meets the standards adopted under Section 2152.052; and
(3) pays a license fee.
(b) A license issued under this chapter is valid for:
(1) two years from the date of issuance; or
(2) a lesser period determined appropriate by the board for
circuses that are not resident in this state and that are not
exempt under Section 2152.002(1).
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 2152.104. LICENSE RENEWAL. (a) A license holder may renew
the license by submitting to the board before the expiration date
of the license a renewal fee and a renewal application on a form
prescribed by the board.
(b) The board shall issue a renewed license to a license holder
who complies with Subsection (a) and meets the standards adopted
under Section 2152.052.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
SUBCHAPTER D. LICENSE DENIAL, SUSPENSION, OR REVOCATION
Sec. 2152.151. DENIAL OF LICENSE. (a) If the commissioner
determines after the inspection required under Section 2152.053
that an applicant for a license has failed to comply with the
standards adopted under Section 2152.052, the commissioner shall
refuse to issue the license and shall give the applicant written
notice of the decision and the reasons for the decision.
(b) Not later than the 31st day after the date the notice is
received, the applicant may submit to the commissioner a written
request for a hearing on the license denial. The commissioner
shall conduct the hearing not later than the 31st day after the
date the request is received.
(c) If after the hearing the commissioner determines that the
applicant has failed to comply with the standards, the
commissioner shall refuse to issue the license.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 2152.152. REVOCATION OR SUSPENSION OF LICENSE. (a) If the
commissioner determines after the inspection required under
Section 2152.053 that a license holder has failed to comply with
the standards adopted under Section 2152.052, the commissioner
shall give written notice to the license holder of a revocation
hearing to be held not later than the 31st day after the date the
notice is given.
(b) If after the hearing the commissioner determines that the
license holder has failed to comply with the standards, the
commissioner shall revoke the license.
(c) In addition to the proceedings described in Subsections (a)
and (b), if the commissioner determines after inspection that a
license holder has committed gross violations of the standards,
the commissioner may, after giving written notice to the license
holder, suspend the license for not more than 31 days pending the
revocation hearing.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 2152.153. JUDICIAL REVIEW. A person whose application for
a license is denied or whose license is revoked is entitled to
judicial review in accordance with Chapter 2001, Government Code.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 2152.154. INFORMAL DISPOSITION. Sections 2152.151,
2152.152, and 2152.201 do not preclude an informal disposition of
the matter by an agreement between a license holder and the
board.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
SUBCHAPTER E. ENFORCEMENT
Sec. 2152.201. SEIZURE AND SALE OF ANIMALS. (a) If a license
is suspended or revoked, the commissioner may seek a writ from a
justice of the peace serving the justice precinct in which the
circus, carnival, or zoo is located ordering the sheriff or other
peace officer to seize any of the animals being kept on the
premises of the circus, carnival, or zoo operated by the person
whose license was suspended or revoked.
(b) The justice of the peace shall issue the writ if the justice
finds probable cause to believe that any of the animals are in
danger of being harmed by a gross violation of the licensing
standards.
(c) The board's employees may accompany the peace officer
executing the writ. The department may rent, lease, or acquire
facilities for keeping impounded animals.
(d) If the license is revoked and the commissioner's decision
becomes final, the commissioner shall order a public sale by
auction of the seized animals.
(e) Proceeds from the sale shall be applied first to the
expenses incurred in conducting the sale. The commissioner shall
return any excess proceeds to the person whose license is
revoked.
(f) The person whose license was revoked or the person's agent
may not participate in the auction.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 2152.202. CRIMINAL PENALTY. (a) A person commits an
offense if the person knowingly violates Section 2152.101.
(b) An offense under this section is a Class C misdemeanor.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
State Codes and Statutes
Statutes > Texas > Occupations-code > Title-13-sports-amusements-and-entertainment > Chapter-2152-regulation-of-circuses-carnivals-and-zoos
OCCUPATIONS CODE
TITLE 13. SPORTS, AMUSEMENTS, AND ENTERTAINMENT
SUBTITLE D. OTHER AMUSEMENTS AND ENTERTAINMENT
CHAPTER 2152. REGULATION OF CIRCUSES, CARNIVALS, AND ZOOS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 2152.001. DEFINITIONS. In this chapter:
(1) "Board" means the Texas Board of Health.
(2) "Circus" or "carnival" means a commercial variety show
featuring animal acts for public entertainment.
(3) "Commissioner" means the commissioner of health.
(4) "Department" means the Texas Department of Health.
(5) "Person" means an individual, association, partnership,
corporation, trust, estate, joint-stock company, foundation, or
political subdivision.
(6) "Zoo" means any mobile or stationary premises where living
animals that normally live in a wild state are kept primarily for
display to the public.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 2152.002. EXEMPTION FROM REGULATION. This chapter does not
apply to:
(1) a circus, carnival, or zoo licensed under the federal Animal
Welfare Act (7 U.S.C. Section 2131 et seq.) and that furnishes
proof to the commissioner that it is inspected by the federal
agency administering that act at least once each calendar year;
(2) a zoo:
(A) operated by a political subdivision of this state or a
child-care institution; or
(B) accredited by the American Association of Zoological Parks
and Aquariums;
(3) a premises where nonindigenous ruminants are bred and
raised; or
(4) an organization sponsoring, and all persons participating
in, an exhibition of a domestic livestock show or rodeo.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
SUBCHAPTER B. BOARD POWERS AND DUTIES
Sec. 2152.051. RULEMAKING AUTHORITY. The board shall adopt
rules necessary to administer this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 2152.052. OPERATING STANDARDS. (a) The board shall adopt
standards for the operation of circuses, carnivals, and zoos that
promote humane conditions for animals and protect the public
health and safety.
(b) The standards must include provisions relating to housing
and sanitation, animal health and disease control, and control,
care, and transportation of animals.
(c) In adopting and enforcing standards under this section, the
board may consult experts and persons concerned with the welfare
of animals in circuses, carnivals, and zoos.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 2152.053. BOARD INSPECTIONS. (a) The board shall inspect
circuses, carnivals, and zoos to determine if they comply with
the standards adopted under Section 2152.052.
(b) The board or its agents may enter at reasonable times to
conduct an inspection under this section.
(c) The board shall prescribe the qualifications for its agents
employed to conduct an inspection under this section.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 2152.054. FEES. (a) The board shall prescribe the amount
of each type of fee required by this chapter.
(b) A fee received by the board under this chapter is not
refundable.
(c) During the period beginning on August 31 and ending on
September 10 of each year, the board shall file with the governor
an annual financial report relating to the administration of this
chapter.
(d) If the funds in the circus, carnival, and zoo licensing fund
at the beginning of the state fiscal year plus the fees
anticipated for that year exceed the probable costs of
administering this chapter during that year, the board shall
reduce the fees required by this chapter by the amount necessary
to eliminate the projected surplus.
(e) All expenses for the administration of this chapter shall be
paid from fees collected by the board under this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 2152.055. CONTRACTS. (a) The board may enter into
contracts or agreements necessary to administer this chapter.
(b) Under a contract or agreement, the board may pay for
materials, equipment, or services from any available funds.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
SUBCHAPTER C. LICENSE REQUIREMENTS
Sec. 2152.101. LICENSE REQUIRED. A person may not operate a
circus, carnival, or zoo unless the person holds a license issued
under this chapter for the circus, carnival, or zoo.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 2152.102. APPLICATION. To be licensed under this chapter,
a person must:
(1) submit to the board a written application on a form
prescribed by the board;
(2) furnish information requested by the board; and
(3) pay an application fee.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 2152.103. LICENSE ISSUANCE. (a) The board shall issue a
license under this chapter to an applicant who:
(1) complies with Section 2152.102;
(2) meets the standards adopted under Section 2152.052; and
(3) pays a license fee.
(b) A license issued under this chapter is valid for:
(1) two years from the date of issuance; or
(2) a lesser period determined appropriate by the board for
circuses that are not resident in this state and that are not
exempt under Section 2152.002(1).
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 2152.104. LICENSE RENEWAL. (a) A license holder may renew
the license by submitting to the board before the expiration date
of the license a renewal fee and a renewal application on a form
prescribed by the board.
(b) The board shall issue a renewed license to a license holder
who complies with Subsection (a) and meets the standards adopted
under Section 2152.052.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
SUBCHAPTER D. LICENSE DENIAL, SUSPENSION, OR REVOCATION
Sec. 2152.151. DENIAL OF LICENSE. (a) If the commissioner
determines after the inspection required under Section 2152.053
that an applicant for a license has failed to comply with the
standards adopted under Section 2152.052, the commissioner shall
refuse to issue the license and shall give the applicant written
notice of the decision and the reasons for the decision.
(b) Not later than the 31st day after the date the notice is
received, the applicant may submit to the commissioner a written
request for a hearing on the license denial. The commissioner
shall conduct the hearing not later than the 31st day after the
date the request is received.
(c) If after the hearing the commissioner determines that the
applicant has failed to comply with the standards, the
commissioner shall refuse to issue the license.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 2152.152. REVOCATION OR SUSPENSION OF LICENSE. (a) If the
commissioner determines after the inspection required under
Section 2152.053 that a license holder has failed to comply with
the standards adopted under Section 2152.052, the commissioner
shall give written notice to the license holder of a revocation
hearing to be held not later than the 31st day after the date the
notice is given.
(b) If after the hearing the commissioner determines that the
license holder has failed to comply with the standards, the
commissioner shall revoke the license.
(c) In addition to the proceedings described in Subsections (a)
and (b), if the commissioner determines after inspection that a
license holder has committed gross violations of the standards,
the commissioner may, after giving written notice to the license
holder, suspend the license for not more than 31 days pending the
revocation hearing.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 2152.153. JUDICIAL REVIEW. A person whose application for
a license is denied or whose license is revoked is entitled to
judicial review in accordance with Chapter 2001, Government Code.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 2152.154. INFORMAL DISPOSITION. Sections 2152.151,
2152.152, and 2152.201 do not preclude an informal disposition of
the matter by an agreement between a license holder and the
board.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
SUBCHAPTER E. ENFORCEMENT
Sec. 2152.201. SEIZURE AND SALE OF ANIMALS. (a) If a license
is suspended or revoked, the commissioner may seek a writ from a
justice of the peace serving the justice precinct in which the
circus, carnival, or zoo is located ordering the sheriff or other
peace officer to seize any of the animals being kept on the
premises of the circus, carnival, or zoo operated by the person
whose license was suspended or revoked.
(b) The justice of the peace shall issue the writ if the justice
finds probable cause to believe that any of the animals are in
danger of being harmed by a gross violation of the licensing
standards.
(c) The board's employees may accompany the peace officer
executing the writ. The department may rent, lease, or acquire
facilities for keeping impounded animals.
(d) If the license is revoked and the commissioner's decision
becomes final, the commissioner shall order a public sale by
auction of the seized animals.
(e) Proceeds from the sale shall be applied first to the
expenses incurred in conducting the sale. The commissioner shall
return any excess proceeds to the person whose license is
revoked.
(f) The person whose license was revoked or the person's agent
may not participate in the auction.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 2152.202. CRIMINAL PENALTY. (a) A person commits an
offense if the person knowingly violates Section 2152.101.
(b) An offense under this section is a Class C misdemeanor.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
State Codes and Statutes
Statutes >
Texas >
Occupations-code >
Title-13-sports-amusements-and-entertainment >
Chapter-2152-regulation-of-circuses-carnivals-and-zoos OCCUPATIONS CODE
TITLE 13. SPORTS, AMUSEMENTS, AND ENTERTAINMENT
SUBTITLE D. OTHER AMUSEMENTS AND ENTERTAINMENT
CHAPTER 2152. REGULATION OF CIRCUSES, CARNIVALS, AND ZOOS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 2152.001. DEFINITIONS. In this chapter:
(1) "Board" means the Texas Board of Health.
(2) "Circus" or "carnival" means a commercial variety show
featuring animal acts for public entertainment.
(3) "Commissioner" means the commissioner of health.
(4) "Department" means the Texas Department of Health.
(5) "Person" means an individual, association, partnership,
corporation, trust, estate, joint-stock company, foundation, or
political subdivision.
(6) "Zoo" means any mobile or stationary premises where living
animals that normally live in a wild state are kept primarily for
display to the public.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 2152.002. EXEMPTION FROM REGULATION. This chapter does not
apply to:
(1) a circus, carnival, or zoo licensed under the federal Animal
Welfare Act (7 U.S.C. Section 2131 et seq.) and that furnishes
proof to the commissioner that it is inspected by the federal
agency administering that act at least once each calendar year;
(2) a zoo:
(A) operated by a political subdivision of this state or a
child-care institution; or
(B) accredited by the American Association of Zoological Parks
and Aquariums;
(3) a premises where nonindigenous ruminants are bred and
raised; or
(4) an organization sponsoring, and all persons participating
in, an exhibition of a domestic livestock show or rodeo.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
SUBCHAPTER B. BOARD POWERS AND DUTIES
Sec. 2152.051. RULEMAKING AUTHORITY. The board shall adopt
rules necessary to administer this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 2152.052. OPERATING STANDARDS. (a) The board shall adopt
standards for the operation of circuses, carnivals, and zoos that
promote humane conditions for animals and protect the public
health and safety.
(b) The standards must include provisions relating to housing
and sanitation, animal health and disease control, and control,
care, and transportation of animals.
(c) In adopting and enforcing standards under this section, the
board may consult experts and persons concerned with the welfare
of animals in circuses, carnivals, and zoos.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 2152.053. BOARD INSPECTIONS. (a) The board shall inspect
circuses, carnivals, and zoos to determine if they comply with
the standards adopted under Section 2152.052.
(b) The board or its agents may enter at reasonable times to
conduct an inspection under this section.
(c) The board shall prescribe the qualifications for its agents
employed to conduct an inspection under this section.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 2152.054. FEES. (a) The board shall prescribe the amount
of each type of fee required by this chapter.
(b) A fee received by the board under this chapter is not
refundable.
(c) During the period beginning on August 31 and ending on
September 10 of each year, the board shall file with the governor
an annual financial report relating to the administration of this
chapter.
(d) If the funds in the circus, carnival, and zoo licensing fund
at the beginning of the state fiscal year plus the fees
anticipated for that year exceed the probable costs of
administering this chapter during that year, the board shall
reduce the fees required by this chapter by the amount necessary
to eliminate the projected surplus.
(e) All expenses for the administration of this chapter shall be
paid from fees collected by the board under this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 2152.055. CONTRACTS. (a) The board may enter into
contracts or agreements necessary to administer this chapter.
(b) Under a contract or agreement, the board may pay for
materials, equipment, or services from any available funds.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
SUBCHAPTER C. LICENSE REQUIREMENTS
Sec. 2152.101. LICENSE REQUIRED. A person may not operate a
circus, carnival, or zoo unless the person holds a license issued
under this chapter for the circus, carnival, or zoo.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 2152.102. APPLICATION. To be licensed under this chapter,
a person must:
(1) submit to the board a written application on a form
prescribed by the board;
(2) furnish information requested by the board; and
(3) pay an application fee.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 2152.103. LICENSE ISSUANCE. (a) The board shall issue a
license under this chapter to an applicant who:
(1) complies with Section 2152.102;
(2) meets the standards adopted under Section 2152.052; and
(3) pays a license fee.
(b) A license issued under this chapter is valid for:
(1) two years from the date of issuance; or
(2) a lesser period determined appropriate by the board for
circuses that are not resident in this state and that are not
exempt under Section 2152.002(1).
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 2152.104. LICENSE RENEWAL. (a) A license holder may renew
the license by submitting to the board before the expiration date
of the license a renewal fee and a renewal application on a form
prescribed by the board.
(b) The board shall issue a renewed license to a license holder
who complies with Subsection (a) and meets the standards adopted
under Section 2152.052.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
SUBCHAPTER D. LICENSE DENIAL, SUSPENSION, OR REVOCATION
Sec. 2152.151. DENIAL OF LICENSE. (a) If the commissioner
determines after the inspection required under Section 2152.053
that an applicant for a license has failed to comply with the
standards adopted under Section 2152.052, the commissioner shall
refuse to issue the license and shall give the applicant written
notice of the decision and the reasons for the decision.
(b) Not later than the 31st day after the date the notice is
received, the applicant may submit to the commissioner a written
request for a hearing on the license denial. The commissioner
shall conduct the hearing not later than the 31st day after the
date the request is received.
(c) If after the hearing the commissioner determines that the
applicant has failed to comply with the standards, the
commissioner shall refuse to issue the license.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 2152.152. REVOCATION OR SUSPENSION OF LICENSE. (a) If the
commissioner determines after the inspection required under
Section 2152.053 that a license holder has failed to comply with
the standards adopted under Section 2152.052, the commissioner
shall give written notice to the license holder of a revocation
hearing to be held not later than the 31st day after the date the
notice is given.
(b) If after the hearing the commissioner determines that the
license holder has failed to comply with the standards, the
commissioner shall revoke the license.
(c) In addition to the proceedings described in Subsections (a)
and (b), if the commissioner determines after inspection that a
license holder has committed gross violations of the standards,
the commissioner may, after giving written notice to the license
holder, suspend the license for not more than 31 days pending the
revocation hearing.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 2152.153. JUDICIAL REVIEW. A person whose application for
a license is denied or whose license is revoked is entitled to
judicial review in accordance with Chapter 2001, Government Code.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 2152.154. INFORMAL DISPOSITION. Sections 2152.151,
2152.152, and 2152.201 do not preclude an informal disposition of
the matter by an agreement between a license holder and the
board.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
SUBCHAPTER E. ENFORCEMENT
Sec. 2152.201. SEIZURE AND SALE OF ANIMALS. (a) If a license
is suspended or revoked, the commissioner may seek a writ from a
justice of the peace serving the justice precinct in which the
circus, carnival, or zoo is located ordering the sheriff or other
peace officer to seize any of the animals being kept on the
premises of the circus, carnival, or zoo operated by the person
whose license was suspended or revoked.
(b) The justice of the peace shall issue the writ if the justice
finds probable cause to believe that any of the animals are in
danger of being harmed by a gross violation of the licensing
standards.
(c) The board's employees may accompany the peace officer
executing the writ. The department may rent, lease, or acquire
facilities for keeping impounded animals.
(d) If the license is revoked and the commissioner's decision
becomes final, the commissioner shall order a public sale by
auction of the seized animals.
(e) Proceeds from the sale shall be applied first to the
expenses incurred in conducting the sale. The commissioner shall
return any excess proceeds to the person whose license is
revoked.
(f) The person whose license was revoked or the person's agent
may not participate in the auction.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 2152.202. CRIMINAL PENALTY. (a) A person commits an
offense if the person knowingly violates Section 2152.101.
(b) An offense under this section is a Class C misdemeanor.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
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