Texas Attorney General Opinion: O-1541 Page: 3 of 6
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Bon. Joe Esshik, Coaisalsioner, page 3
to obtain ad trsasport. During the last century itil
erant showmen exhibited trained bears from village to
village throughout urope. Soaa peasants ade a bui-
aea of capturing cubs for hih there was alwa:i; good
market, sad three arose even "aoadnies of bearer where
the beers were taught triks. Trained bears have not
always it this country been coninet to eirouses, soos,
and side shows. Today the trained bear is not an ua-
coaon sight in both urope and ariaia, The brown
bear (Ursus Aretus) is the o honest species in sptiv*
ity and esa be trained to 4ao* to rase and to
"wrestle". See tnoyelopedia Dritaaniea2os 356
A oarel review of the Texas at tubte both eris
inal and olvil, reveals no express or implied prohibi-
tLon against an exhibition wrestling match between a man
and a wrestling bear.
Such a math is of the nature of a zoological e-
ibitio in our opinion, and if staged in connsetion
with a rograma of wrestling matches should be assessed
an occupation tax under Article 704? (85) (a). This tax
question is not directly before us, but it is determina-
tive of the main question and we assert this opinion
upon our own motion,
The sole legal barrie w Lih reains to be consid-
ered in oonection with a grappling contest between man
and Bruin is whether or not the ruelty-to-animals laws
of Texas would be contravened.
Article 80, Revised Civil Statutes, 19*5, reads
as followed t
*As used In t la subdivision, the word, 'e*n-
sal' iaoludes every living dumub oreature; the
words 'torture' d 'seruelty' inolude every aot,
oalitoa or negleoot whereby unnecessary or uan-
Justifiable pala or suffering is oaused, pei t-
ted or allowed to continue wr.an there is a reason-
able ready or relict. The words 'owner' and
'person' include eo6oratons, end the knowledge
sad acts of agents art employes of corporations
in regard to animals transForted owned, used
by or in oustody of the oor;oraton shall be
held to be the kncwLa e and acts of such corpor-
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Texas. Attorney-General's Office. Texas Attorney General Opinion: O-1541, text, 1939; (https://texashistory.unt.edu/ark:/67531/metapth258729/m1/3/: accessed April 25, 2019), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.