(a) This subchapter does 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 Association of Zoos and Aquariums;
(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, 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 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. § 2131 et seq.) and its subsequent amendments;
(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 Association of Zoos and Aquariums for that species; and
(B) an integral part of that species survival plan; and
(12) in a county west of the Pecos River that has a population of less than 25,000, a cougar, bobcat, or coyote in the possession, custody, or control of a person that has trapped the cougar, bobcat, or coyote as part of a predator or depredation control activity.
(b) This subchapter does not require a municipality that does not have an animal control office to create that office.

Terms Used In Texas Health and Safety Code 822.102

  • Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
  • Population: means the population shown by the most recent federal decennial census. See Texas Government Code 311.005
  • United States: includes a department, bureau, or other agency of the United States of America. See Texas Government Code 311.005