Health and Safety Code
CHAPTER 824. CIRCUSES, CARNIVALS, AND ZOOS
Sec. 824.001. Definitions.
In this chapter:
(1) "Board" means the Texas Board of Health.
(2) "Commissioner" means the commissioner of health.
(3) "Department" means the Texas Department of Health.
(4) "Circus" or "carnival" means a commercial variety show
featuring animal acts for public entertainment.
(5) "Person" means an individual, association, partnership,
corporation, trust, estate, joint-stock company, foundation, or
political subdivision.
(6) "Zoo" means any premises, whether mobile or stationary,
where living animals that normally live in a wild state are
kept primarily for display to the general public.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 824.002. Exemptions.
This chapter does not apply to:
(1) a circus, carnival, or zoo that is 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 that is operated by a political subdivision of the
state or a child-care institution or that is accredited by the
American Association of Zoological Parks and Aquariums;
(3) premises where nonindigenous ruminants are bred and
raised; or
(4) an organization sponsoring, and all persons
participating in, exhibitions of domestic livestock shows and
rodeos.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 824.003. License Required.
A person may not operate a circus, carnival, or zoo without a
license issued under this chapter for the particular circus,
carnival, or zoo.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 824.004. License 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 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 824.005. Licensing 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 established under this
section, the board may consult experts and persons concerned with
the welfare of animals in circuses, carnivals, and zoos.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 824.006. Issuance of License.
(a) The board shall issue a license to operate a particular
circus, carnival, or zoo to an applicant who complies with
Section 824.004, meets the board's standards adopted under
Section 824.005, and pays a license fee.
(b) A license issued under this chapter is valid for two years
from the date of issuance or a lesser period determined
appropriate by the board for circuses that are not resident in
this state and that are not exempt under Section 824.002(1).
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 824.007. 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 renewal license to a license holder
who complies with Subsection (a) and who meets the standards
adopted under Section 824.005.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 824.008. Inspection by Board.
(a) The board shall inspect circuses, carnivals, and zoos to
determine if they comply with the standards adopted under Section
824.005.
(b) The board or its agents may enter the circuses, carnivals,
or zoos inspected under this section at reasonable times.
(c) The board shall prescribe the qualifications for its agents
employed to inspect circuses, carnivals, or zoos under this
section.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 824.009. Denial, Suspension, or Revocation of License.
(a) If the commissioner determines after the inspection
required under Section 824.008 that an applicant for a license
has failed to comply with the standards adopted under Section
824.005, the commissioner shall refuse to issue the license and
shall give written notice of the decision and the reasons for it
to the applicant. 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. 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.
(b) If the commissioner determines after inspection that a
license holder has failed to comply with the standards, 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. 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) 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 a
hearing. 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. If after the
hearing the commissioner determines that the license holder has
failed to comply with the standards, the commissioner shall
revoke the license.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 824.010. 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. 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. That person or the person's agent may
not participate in the auction.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 824.011. Informal Disposition.
Sections 824.009 and 824.010 do not preclude an informal
disposition of the matter by an agreement between a license
holder and the board.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 824.012. 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 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), eff.
Sept. 1, 1995.
Sec. 824.013. Rules.
The board shall adopt rules necessary to administer this
chapter.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 824.014. Contracts.
The board may enter into contracts or agreements necessary to
administer this chapter. Under a contract or agreement, the
board may pay for materials, equipment, or services from any
available funds.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 824.015. Fees; Annual Financial Report.
(a) The board shall prescribe the amount of each type of fee
required by this chapter.
(b) Fees received by the board under this chapter shall be
deposited in the state treasury to the credit of a fund to be
known as the circus, carnival, and zoo licensing fund and may be
used only for administering the board's or commissioner's
functions under this chapter.
(c) A fee received by the board under this chapter is not
refundable.
(d) 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.
(e) 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.
(f) The legislature may not appropriate funds from the general
revenue fund to implement this chapter.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 824.016. Criminal Penalty.
(a) A person commits an offense if the person knowingly or
intentionally violates Section 824.003.
(b) An offense under this section is a Class C misdemeanor.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989