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AN ACT
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relating to the continuation and functions of the Texas Animal |
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Health Commission. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 161.004(a), Agriculture Code, is amended |
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to read as follows: |
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(a) A person who is the owner or caretaker of livestock, |
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exotic livestock, domestic fowl, or exotic fowl that die from a |
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disease listed by the commission in rules adopted under [in] |
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Section 161.041, or who owns or controls the land on which the |
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livestock, exotic livestock, domestic fowl, or exotic fowl die or |
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on which the carcasses are found, shall dispose of the carcasses in |
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the manner required by the commission under this section. |
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SECTION 2. Section 161.023, Agriculture Code, is amended by |
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amending Subsections (a) and (b) and adding Subsection (d) to read |
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as follows: |
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(a) A person who is appointed to and qualifies for office as |
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a member of the commission may not vote, deliberate, or be counted |
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as a member in attendance at a meeting of the commission until the |
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person completes a training program that complies with this section |
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[Before a member of the commission may assume the member's duties |
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and before the member may be confirmed by the senate, the member |
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must complete at least one course of the training program |
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established under this section]. |
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(b) The [A] training program must [established under this |
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section shall] provide the person with information [to the member] |
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regarding: |
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(1) the law governing [enabling legislation that |
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created the] commission operations; |
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(2) the programs, functions, rules, and budget of |
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[operated by] the commission; |
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(3) the scope of and limitations on the rulemaking |
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authority [role and functions] of the commission; |
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(4) [the rules of the commission with an emphasis on |
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the rules that relate to disciplinary and investigatory authority; |
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[(5) the current budget for the commission; |
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[(6)] the results of the most recent formal audit of the |
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commission; |
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(5) [(7)] the requirements of [the]: |
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(A) laws relating to open meetings, public |
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information, administrative procedure, and disclosing conflicts of |
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interest [law, Chapter 551, Government Code]; and |
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(B) other laws applicable to members of a state |
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policy-making body in performing their duties [open records law, |
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Chapter 552, Government Code]; and |
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[(C) administrative procedure law, Chapter 2001, |
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Government Code; |
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[(8) the requirements of the conflict of interest laws |
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and other laws relating to public officials; and] |
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(6) [(9)] any applicable ethics policies adopted by |
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the commission or the Texas Ethics Commission. |
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(d) The executive director of the commission shall create a |
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training manual that includes the information required by |
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Subsection (b). The executive director shall distribute a copy of |
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the training manual annually to each member of the commission. Each |
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member of the commission shall sign and submit to the executive |
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director a statement acknowledging that the member received and has |
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reviewed the training manual. |
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SECTION 3. Section 161.027, Agriculture Code, is amended to |
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read as follows: |
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Sec. 161.027. SUNSET PROVISION. The Texas Animal Health |
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Commission is subject to Chapter 325, Government Code (Texas Sunset |
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Act). Unless continued in existence as provided by that chapter, |
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the commission is abolished September 1, 2033 [2021]. |
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SECTION 4. Section 161.029(a), Agriculture Code, is amended |
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to read as follows: |
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(a) It is a ground for removal from the commission if a |
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member: |
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(1) does not have at the time of taking office |
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[appointment] the qualifications required by Section 161.021; |
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(2) does not maintain during service on the commission |
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the qualifications required by Section 161.021; |
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(3) is ineligible for membership under Section |
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161.021(d) or 161.028; |
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(4) cannot, because of illness or disability, |
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discharge the member's duties for a substantial part of the member's |
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term [for which the member is appointed because of illness or |
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disability]; or |
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(5) is absent from more than half of the regularly |
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scheduled commission meetings that the member is eligible to attend |
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during a calendar year without an excuse approved [unless that |
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absence is excused] by a majority vote of the commission. |
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SECTION 5. Section 161.033(c), Agriculture Code, is amended |
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to read as follows: |
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(c) The commission shall periodically notify the complaint |
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parties [to a complaint] of the status of the complaint until [its] |
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final disposition unless the notice would jeopardize an |
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investigation. |
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SECTION 6. Sections 161.035(a) and (b), Agriculture Code, |
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are amended to read as follows: |
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(a) The commission by rule may establish advisory |
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committees [as it considers necessary] to make recommendations to |
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the commission on programs, [assist it in developing proposed] |
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rules, and policies administered by the commission [for the |
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regulation of exotic livestock and exotic fowl]. |
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(b) In establishing [A member of] an advisory committee |
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[established] under this section, the commission shall adopt rules, |
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including rules regarding: |
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(1) the purpose, role, responsibility, goals, and |
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duration of the committee; |
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(2) the size of and quorum requirement for the |
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committee; |
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(3) qualifications for committee membership; |
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(4) appointment procedures for members; |
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(5) terms of service for members; |
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(6) training requirements for members; |
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(7) policies to avoid conflicts of interest by |
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members; |
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(8) a periodic review process to evaluate the |
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continuing need for the committee; and |
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(9) policies to ensure the committee does not violate |
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any provision of Chapter 551, Government Code, applicable to the |
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commission or the committee [serves at the pleasure of the |
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commission]. |
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SECTION 7. Subchapter B, Chapter 161, Agriculture Code, is |
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amended by adding Section 161.0375 to read as follows: |
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Sec. 161.0375. PERIODIC REVIEW OF COMPLIANCE INFORMATION. |
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(a) The commission shall analyze, on a statewide and regional |
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basis, violations of this subtitle. The commission shall consider: |
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(1) violation types and disposition; |
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(2) persons who are repeat offenders; and |
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(3) persons who commit the most serious offenses. |
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(b) The commission shall use the analysis under Subsection |
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(a) to compare enforcement practices across each region and |
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determine: |
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(1) training needs; |
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(2) gaps in enforcement authority; and |
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(3) effective enforcement activities. |
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(c) The commission shall conduct the analysis under |
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Subsection (a) on a periodic basis to ensure that the information |
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reflects current enforcement practices. |
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(d) The commission shall timely enter and share compliance |
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and enforcement information on a statewide and regional basis. |
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SECTION 8. Sections 161.041(a), (c), and (d), Agriculture |
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Code, are amended to read as follows: |
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(a) The commission shall protect all livestock, exotic |
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livestock, domestic fowl, and exotic fowl from diseases the |
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commission determines require control or eradication. The |
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commission shall adopt and periodically update rules listing the |
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diseases that require control or eradication by the commission. |
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Section 2001.0045, Government Code, does not apply to rules adopted |
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under this subsection [the following: |
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[(1) tuberculosis; |
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[(2) anthrax; |
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[(3) glanders; |
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[(4) infectious abortion; |
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[(5) hemorrhagic septicemia; |
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[(6) hog cholera; |
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[(7) Malta fever; |
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[(8) foot-and-mouth disease; |
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[(9) rabies among animals other than canines; |
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[(10) bacillary white diarrhea among fowl; |
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[(11) equine infectious anemia; and |
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[(12) other diseases recognized as communicable by the |
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veterinary profession]. |
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(c) A person commits an offense if the person knowingly |
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fails to handle, in accordance with rules adopted by the |
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commission, livestock, exotic livestock, domestic fowl, or exotic |
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fowl: |
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(1) infected with a disease listed by the commission |
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by rule under [in] Subsection (a); |
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(2) exposed, as defined by commission rule, to a |
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disease listed by the commission by rule under [in] Subsection (a) |
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if the commission has notified the person that the animal was |
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exposed to the disease; or |
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(3) subject to a testing requirement due to a risk of |
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exposure, as defined by commission rule, to a specific disease if |
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the commission has notified the person of the testing requirement. |
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(d) A person commits an offense if the person knowingly |
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fails to identify or refuses to permit an agent of the commission to |
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identify, in accordance with rules adopted by the commission, |
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livestock, exotic livestock, domestic fowl, or exotic fowl infected |
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with a disease listed by the commission by rule under [in] |
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Subsection (a). |
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SECTION 9. Section 161.0415(a), Agriculture Code, is |
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amended to read as follows: |
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(a) The commission by order may require the slaughter of |
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livestock, domestic fowl, or exotic fowl, under the direction of |
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the commission, or the sale of livestock, domestic fowl, or exotic |
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fowl for immediate slaughter at a public slaughtering establishment |
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maintaining federal or state inspection if the livestock, domestic |
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fowl, or exotic fowl is exposed to or infected with a disease other |
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than bluetongue or vesicular stomatitis that: |
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(1) is recognized by the United States Department of |
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Agriculture as: |
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(A) a foreign animal disease; or |
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(B) a reportable animal disease; |
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(2) is the subject of a cooperative eradication |
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program with the United States Department of Agriculture; |
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(3) is an animal disease reportable to the World |
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Organisation for Animal Health [named on "List A" of the Office |
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International Des Epizooties]; or |
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(4) is the subject of a state of emergency, as declared |
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by the governor. |
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SECTION 10. Subchapter C, Chapter 161, Agriculture Code, is |
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amended by adding Section 161.0603 to read as follows: |
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Sec. 161.0603. LABORATORY TESTING. (a) The Texas A&M |
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Veterinary Medical Diagnostic Laboratory is the state's regulatory |
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animal health laboratory. |
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(b) This section does not prevent the commission from: |
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(1) using a laboratory other than the Texas A&M |
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Veterinary Medical Diagnostic Laboratory for a test as needed; or |
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(2) collecting specimens and performing field tests to |
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diagnose animal diseases. |
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(c) The commission and the Texas A&M Veterinary Medical |
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Diagnostic Laboratory shall enter into a memorandum of |
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understanding to: |
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(1) establish the laboratory services to be performed |
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by the Texas A&M Veterinary Medical Diagnostic Laboratory; |
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(2) provide reporting requirements for the Texas A&M |
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Veterinary Medical Diagnostic Laboratory on all test requests |
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received from the commission; and |
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(3) set fees associated with laboratory services |
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performed for the commission in amounts sufficient to recover the |
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costs of those services. |
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(d) The commission and the Texas A&M Veterinary Medical |
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Diagnostic Laboratory shall annually review the memorandum of |
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understanding under Subsection (c). |
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SECTION 11. Section 161.061, Agriculture Code, is amended |
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to read as follows: |
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Sec. 161.061. ESTABLISHMENT. (a) The [If the] commission |
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may [determines or is informed that a disease listed in Section |
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161.041 of this code exists in another state, territory, or |
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country, the commission shall] establish a quarantine against all |
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or the portion of a [the] state, territory, or country in which a |
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[the] disease listed in rules adopted under Section 161.041 exists. |
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(b) A [If the commission determines that a disease listed in |
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Section 161.041 of this code or an agency of transmission of one of |
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those diseases exists in a place in this state or among livestock, |
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exotic livestock, domestic animals, domestic fowl, or exotic fowl, |
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or that a place in this state or livestock, exotic livestock, |
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domestic animals, domestic fowl, or exotic fowl are exposed to one |
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of those diseases or an agency of transmission of one of those |
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diseases, the commission shall establish a quarantine on the |
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affected animals or on the affected place. The] quarantine |
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established under Subsection (a) [of an affected place] may extend |
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to any affected area, including a county, district, pasture, lot, |
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ranch, farm, field, range, thoroughfare, building, stable, or |
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stockyard pen. |
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(c) The commission may establish a quarantine to prohibit or |
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regulate the movement of: |
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(1) any article or animal that the commission |
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designates to be a carrier of a disease listed in rules adopted |
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under [in] Section 161.041 [of this code] or a potential carrier of |
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one of those diseases, if movement is not otherwise regulated or |
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prohibited; and |
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(2) an animal into an affected area, including a |
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county district, pasture, lot, ranch, farm, field, range, |
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thoroughfare, building, stable, or stockyard pen. |
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(d) The commission by rule may delegate its authority to |
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establish a quarantine under this section to the executive |
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director, who shall promptly notify the members of the commission |
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when a quarantine is established. |
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SECTION 12. Section 161.065(c), Agriculture Code, is |
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amended to read as follows: |
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(c) If the commission finds animals that have been moved in |
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violation of a quarantine established under this chapter or in |
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violation of any other livestock sanitary law, the commission shall |
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quarantine the animals until they have been properly treated, |
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vaccinated, tested, [dipped,] or disposed of in accordance with the |
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rules of the commission. |
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SECTION 13. Sections 161.101(a), (b), and (c), Agriculture |
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Code, are amended to read as follows: |
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(a) A veterinarian, a veterinary diagnostic laboratory, or |
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a person having care, custody, or control of an animal shall report |
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to the commission the existence of [the following] diseases listed |
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in rules adopted by the commission among livestock, exotic |
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livestock, bison, domestic fowl, or exotic fowl [to the commission] |
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within 24 hours after diagnosis of the disease. The commission |
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shall adopt and periodically update rules listing the diseases that |
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the commission determines require reporting under this section. |
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Section 2001.0045, Government Code, does not apply to rules adopted |
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under this subsection[: |
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[(1) anthrax; |
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[(2) avian infectious laryngotracheitis; |
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[(3) avian influenza; |
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[(4) avian tuberculosis; |
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[(5) bovine trichomoniasis; |
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[(6) chronic wasting disease; |
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[(7) duck virus enteritis; |
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[(8) duck virus hepatitis; |
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[(9) equine encephalomyelitis; |
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[(10) equine herpes virus-1; |
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[(11) equine infectious anemia; |
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[(12) equine viral arteritis; |
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[(13) infectious encephalomyelitis in poultry or |
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other fowl; |
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[(14) ornithosis; |
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[(15) paramyxovirus infection in poultry or other |
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fowl; or |
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[(16) scabies in sheep or cattle]. |
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(b) In addition to reporting required by Subsection (a), the |
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commission may adopt rules that require a veterinarian, a |
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veterinary diagnostic laboratory, or a person having care, custody, |
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or control of an animal to report the existence of a disease other |
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than bluetongue in an animal to the commission within 24 hours after |
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diagnosis if the disease: |
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(1) is recognized by the United States Department of |
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Agriculture as: |
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(A) a foreign animal disease; or |
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(B) a reportable animal disease; |
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(2) is the subject of a cooperative eradication |
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program with the United States Department of Agriculture; |
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(3) is an animal [a] disease reportable to the World |
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Organisation for Animal Health [Office International Des |
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Epizooties]; or |
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(4) is the subject of a state of emergency, as declared |
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by the governor. |
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(c) The commission may adopt rules that require a |
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veterinarian, a veterinary diagnostic laboratory, or a person |
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having care, custody, or control of an animal to report a disease |
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not covered by Subsection (a) or (b) if the commission determines |
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that action to be necessary for the protection of animal health in |
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this state. The commission shall immediately deliver a copy of a |
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rule adopted under this subsection to the appropriate legislative |
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oversight committees. [A rule adopted by the commission under this |
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subsection expires on the first day after the last day of the first |
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regular legislative session that begins after adoption of the rule |
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unless the rule is continued in effect by act of the legislature.] |
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SECTION 14. Section 161.112(a), Agriculture Code, is |
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amended to read as follows: |
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(a) Following notice and public hearing, the commission |
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shall adopt rules relating to the movement of livestock, exotic |
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livestock, and exotic fowl from livestock markets and shall require |
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tests, immunization, or treatment [and dipping of those livestock] |
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as necessary to protect against the spread of communicable |
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diseases. |
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SECTION 15. Section 161.113, Agriculture Code, is amended |
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to read as follows: |
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Sec. 161.113. TESTING, [OR] TREATMENT, OR VACCINATION OF |
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LIVESTOCK. (a) The [If the] commission shall adopt rules for |
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[requires] testing, treatment, or vaccination under this |
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subchapter[, the testing or vaccination must be performed by an |
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accredited veterinarian or qualified person authorized by the |
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commission]. The state may not be required to pay the cost of fees |
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charged for the testing, treatment, or vaccination. |
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(b) If the commission requires the dipping of livestock |
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under this subchapter, the livestock shall be [submerged in a vat, |
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sprayed, or] treated in a [another sanitary] manner prescribed by |
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rule of the commission. |
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(c) The commission may require the owner or operator of a |
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livestock market to furnish adequate equipment or facilities |
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[chutes or holding pens or to furnish] or have access to [other] |
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essential equipment or [testing and dipping] facilities within the |
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immediate vicinity of the livestock market. |
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SECTION 16. Section 161.134, Agriculture Code, is amended |
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to read as follows: |
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Sec. 161.134. PROOF OF TREATMENT OR VACCINATION. In the |
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trial of any case involving the compliance of an owner or caretaker |
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with a provision of this chapter requiring the treatment or[,] |
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vaccination[, dipping, or disinfecting] of livestock, a person may |
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not attempt to prove that the action was taken by a person other |
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than an authorized representative of the commission. |
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SECTION 17. Section 162.004(c), Agriculture Code, is |
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amended to read as follows: |
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(c) A certificate under this section must be: |
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(1) in a form prescribed by the commission; and |
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(2) [must be] sent to the commission within the time |
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prescribed by the commission by rule [48 hours after completion of |
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the test or vaccination]. |
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SECTION 18. Section 164.002(c), Agriculture Code, is |
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amended to read as follows: |
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(c) Cattle or sheep are not exposed to scabies under |
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Subsection (b) of this section if the place or plant has been |
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disinfected since the infected cattle or sheep were removed. This |
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subsection does not exempt the cattle or sheep from treatment |
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[dipping] required by this chapter. |
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SECTION 19. Section 164.004, Agriculture Code, is amended |
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to read as follows: |
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Sec. 164.004. DUTIES OF INSPECTORS. (a) All treatments |
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[dippings], inspections, and certifications for scabies |
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eradication and the disinfection of all equipment or facilities |
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[cars, sheds, boats, chutes, alleys, platforms, pens, or yards] |
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required by this chapter shall be performed by or under the |
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supervision of an inspector. |
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(b) Local inspectors shall perform all duties necessary for |
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[to] the treatment, inspection, [dipping,] and certification of |
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livestock under this chapter. |
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SECTION 20. Section 164.005(a), Agriculture Code, is |
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amended to read as follows: |
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(a) An inspector is entitled to enter any public or private |
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place where cattle or sheep are kept or ranged for the purpose of: |
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(1) ascertaining the presence of scabies infection; |
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(2) ascertaining any exposure to scabies; or |
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(3) inspecting, classifying, or treating [dipping] |
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cattle or sheep for scabies infection or exposure. |
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SECTION 21. The heading to Subchapter B, Chapter 164, |
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Agriculture Code, is amended to read as follows: |
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SUBCHAPTER B. TREATMENT [DIPPING] |
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SECTION 22. Section 164.021, Agriculture Code, is amended |
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to read as follows: |
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Sec. 164.021. TREATMENT [DIPPING] REQUIRED ON ORDER OF |
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COMMISSION. (a) The commission by written order may direct a |
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person who owns, controls, or cares for cattle or sheep that are |
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scabies-infected or are exposed to scabies, to treat [dip] any or |
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all of those animals for the purpose of destroying, eradicating, |
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curing, or removing a scabies infection or a source of exposure to |
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scabies. |
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(b) An order of the commission under this section must be |
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signed by the commission or the presiding officer of the commission |
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and must contain the following: |
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(1) the date of issuance; |
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(2) the name of the person to whom the order is made; |
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(3) the approximate location of the premises on which |
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the animals are located; |
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(4) the county in which the premises are located; |
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(5) a statement in clear and intelligible language |
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that the sheep or cattle that the person owns, controls, or cares |
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for are infected with or exposed to scabies; |
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(6) an order directing the person to treat [dip] the |
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animals, under the supervision of an inspector and in the manner |
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prescribed by the commission[, in a dipping solution provided by |
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this chapter or in a designated solution approved for that purpose |
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by rule of the commission]; and |
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(7) a designation of the date, time, and place that the |
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treatment [dipping] is to occur. |
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(c) An order under this section must be delivered to the |
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person owning or controlling the cattle or sheep not later than the |
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14th day before the date and time for the treatment [dipping] |
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designated in the order. |
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SECTION 23. Sections 164.022(a), (d), and (e), Agriculture |
|
Code, are amended to read as follows: |
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(a) Not later than the fifth day following the day on which a |
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person receives an order to treat [dip] cattle or sheep, the person |
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may file with the commission or the presiding officer of the |
|
commission a written affidavit that: |
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(1) denies that the animals are subject to being |
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treated [dipped] under this chapter, or states that, for good and |
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sufficient reason set out in the affidavit, the person is entitled |
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to have the order rescinded or the treatment [dipping] postponed; |
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and |
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(2) requests that the commission withhold enforcement |
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of the order and grant a hearing on the matter or investigate the |
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matter as necessary to determine the correctness of the statement |
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contained in the affidavit. |
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(d) If the commission finds that the statement in the |
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affidavit is correct, the commission shall rescind the order or |
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postpone the treatment [dipping] until a time that the commission |
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considers proper. If the commission finds that the statement in the |
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affidavit is not correct, the commission shall enforce the order on |
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the date and at the time designated in the order. |
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(e) Following a hearing, the commission shall deliver its |
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written findings to the affiant not later than the fourth day before |
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the date and time that the order requires the animals to be treated |
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[dipped]. |
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SECTION 24. Section 164.023, Agriculture Code, is amended |
|
to read as follows: |
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Sec. 164.023. METHOD OF TREATMENT [DIPPING]. The |
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commission by rule shall prescribe the methods of treatment |
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available for the treatment of scabies [If the commission requires |
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the dipping of animals] under this chapter[, the animals shall be |
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submerged in a vat, sprayed, or treated in another sanitary manner |
|
prescribed by the commission]. |
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SECTION 25. Section 164.028, Agriculture Code, is amended |
|
to read as follows: |
|
Sec. 164.028. TREATMENT [DIPPING] AT EXPENSE OF COUNTY. If |
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a person ordered to treat [dip] cattle or sheep under this chapter |
|
fails or refuses to treat [dip] the animals, the county |
|
commissioners court shall: |
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(1) provide the necessary equipment and [vats, pens, |
|
other] facilities for the treatment of the animals; |
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(2) [, and materials, shall] have the animals treated |
|
[dipped] in accordance with this chapter;[,] and |
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(3) [shall] pay the expenses of the treatment |
|
[dipping] by warrant drawn on the general funds of the county. |
|
SECTION 26. Section 164.041(a), Agriculture Code, is |
|
amended to read as follows: |
|
(a) The [If the] commission may [determines or is informed |
|
that scabies exists among cattle in another state, territory, or |
|
country, the commission shall] establish a quarantine against all |
|
or the portion of a [the] state, territory, or country in which the |
|
commission determines scabies [the disease] exists. A [The] |
|
quarantine established under this section is governed by Chapter |
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161 [of this code], except that only a scabies inspector recognized |
|
by the commission for that purpose in the quarantine notice may |
|
issue certificates or permits for the movement of cattle subject to |
|
the quarantine. A person who violates the quarantine is subject to |
|
the penalties provided by Chapter 161 [that chapter]. |
|
SECTION 27. Section 164.044(b), Agriculture Code, is |
|
amended to read as follows: |
|
(b) If the commission finds animals that have been moved in |
|
violation of a quarantine established under this chapter, the |
|
commission shall quarantine the animals until they have been |
|
properly tested or treated [dipped] in accordance with the rules of |
|
the commission. |
|
SECTION 28. Section 164.062(a), Agriculture Code, is |
|
amended to read as follows: |
|
(a) A person may not import sheep into this state unless the |
|
shipment is accompanied by a certificate certifying that: |
|
(1) the sheep are free from scabies infection and |
|
exposure; or |
|
(2) the sheep have been treated by a method [dipped in |
|
a solution] recognized by the Animal and Plant Health Inspection |
|
Service, United States Department of Agriculture, for eradication |
|
of sheep scabies and in a manner designed to have eradicated |
|
infection or exposure within 10 days prior to the date of |
|
importation. |
|
SECTION 29. Section 164.063, Agriculture Code, is amended |
|
to read as follows: |
|
Sec. 164.063. QUARANTINE OF IMPORTED SHEEP. If the |
|
certificate for a shipment of sheep shows that the sheep were |
|
treated [dipped] at the point of origin in accordance with Section |
|
164.062(a)(2) [of this code], the sheep shall be quarantined at the |
|
range on which the sheep are placed in this state for a period of 180 |
|
days. |
|
SECTION 30. Section 164.064, Agriculture Code, is amended |
|
to read as follows: |
|
Sec. 164.064. DESIGNATION OF INFECTED OR FREE AREAS; |
|
TREATMENT [DIPPING] REQUIREMENTS. The commission may adopt rules |
|
designating areas as infected or free from infection and shall |
|
establish treatment [dipping] requirements for the importation of |
|
sheep into this state. |
|
SECTION 31. Section 164.065, Agriculture Code, is amended |
|
to read as follows: |
|
Sec. 164.065. EXHIBITIONS. The commission shall provide an |
|
importer of show sheep a reasonable length of time, not to exceed 60 |
|
days after the date of importation, in which to display the sheep at |
|
county fairs or livestock exhibitions. The importer shall keep the |
|
sheep separate from all sheep other than show sheep and shall treat |
|
[dip] the sheep as required by the commission [at least once] before |
|
they are distributed to the range. |
|
SECTION 32. The heading to Section 164.083, Agriculture |
|
Code, is amended to read as follows: |
|
Sec. 164.083. FAILURE TO TREAT [DIP] FOR SCABIES. |
|
SECTION 33. Section 164.083(a), Agriculture Code, is |
|
amended to read as follows: |
|
(a) A person commits an offense if the person: |
|
(1) owns, controls, or cares for cattle or sheep |
|
infected with scabies or cattle or sheep that have been exposed to |
|
scabies infection within six months prior to the date of an order to |
|
treat [dip] under Section 164.021 [of this code]; and |
|
(2) fails or refuses to treat [dip] the sheep or cattle |
|
at the time and in the manner provided by the order of the |
|
commission. |
|
SECTION 34. Section 164.085(a), Agriculture Code, is |
|
amended to read as follows: |
|
(a) A person commits an offense if the person: |
|
(1) refuses to permit an inspector to enter any |
|
premises of which the person is the owner, tenant, or caretaker for |
|
the purpose of inspecting, classifying, or treating [dipping] |
|
animals infected or exposed to scabies; or |
|
(2) refuses to gather animals in accordance with |
|
Section 164.005(c) [of this code]. |
|
SECTION 35. Section 165.022, Agriculture Code, is amended |
|
to read as follows: |
|
Sec. 165.022. METHOD OF DISEASE ERADICATION. Following |
|
notice and public hearing, the commission shall adopt rules for the |
|
enforcement of this subchapter, including rules providing for the |
|
manner, method, and system of eradicating swine diseases. The |
|
commission may by a two-thirds vote adopt rules more stringent than |
|
[may not exceed] the rules relating to minimum standards for |
|
cooperative programs adopted by the Animal and Plant Health |
|
Inspection Service of the United States Department of Agriculture. |
|
SECTION 36. Section 28.03(i), Penal Code, is amended to |
|
read as follows: |
|
(i) Notwithstanding Subsection (b), an offense under this |
|
section is a felony of the first degree if the property is livestock |
|
and the damage is caused by introducing bovine spongiform |
|
encephalopathy, commonly known as mad cow disease, or a disease |
|
listed in rules adopted [described] by the Texas Animal Health |
|
Commission under Section 161.041(a), Agriculture Code. In this |
|
subsection, "livestock" has the meaning assigned by Section |
|
161.001, Agriculture Code. |
|
SECTION 37. Sections 161.035(c), 164.024, 164.025, |
|
164.026, 164.027, 165.002, and 167.058, Agriculture Code, are |
|
repealed. |
|
SECTION 38. The changes in law made by this Act to Sections |
|
161.041(c) and (d), 164.083(a), and 164.085(a), Agriculture Code, |
|
and Section 28.03(i), Penal Code, apply only to an offense or |
|
violation committed on or after the effective date of this Act. An |
|
offense or violation committed before the effective date of this |
|
Act is governed by the law in effect on the date the offense or |
|
violation was committed, and the former law is continued in effect |
|
for that purpose. For purposes of this section, an offense or |
|
violation was committed before the effective date of this Act if any |
|
element of the offense or violation occurred before that date. |
|
SECTION 39. (a) Except as provided by Subsection (b) of |
|
this section, Section 161.023, Agriculture Code, as amended by this |
|
Act, applies to a member of the Texas Animal Health Commission who |
|
is appointed before, on, or after the effective date of this Act. |
|
(b) A member of the Texas Animal Health Commission who, |
|
before the effective date of this Act, completed the training |
|
program required by Section 161.023, Agriculture Code, as that law |
|
existed before the effective date of this Act, is only required to |
|
complete additional training on the subjects added by this Act to |
|
the training program required by Section 161.023, Agriculture Code. |
|
A commission member described by this subsection may not vote, |
|
deliberate, or be counted as a member in attendance at a meeting of |
|
the commission held on or after December 1, 2021, until the member |
|
completes the additional training. |
|
SECTION 40. Not later than March 1, 2022, the Texas Animal |
|
Health Commission shall: |
|
(1) adopt rules necessary to implement Sections |
|
161.041, 161.101, 161.113, and 164.023, Agriculture Code, as |
|
amended by this Act; and |
|
(2) complete the initial analysis of violations |
|
required by Section 161.0375, Agriculture Code, as added by this |
|
Act. |
|
SECTION 41. Not later than January 1, 2022, the Texas Animal |
|
Health Commission and the Texas A&M Veterinary Medical Diagnostic |
|
Laboratory shall adopt the memorandum of understanding required by |
|
Section 161.0603, Agriculture Code, as added by this Act. |
|
SECTION 42. This Act takes effect September 1, 2021. |
|
|
|
|
|
|
|
|
______________________________ |
______________________________ |
|
President of the Senate |
Speaker of the House |
|
|
I hereby certify that S.B. No. 705 passed the Senate on |
|
March 25, 2021, by the following vote: Yeas 30, Nays 0; and that |
|
the Senate concurred in House amendment on May 29, 2021, by the |
|
following vote: Yeas 31, Nays 0. |
|
|
|
|
______________________________ |
|
Secretary of the Senate |
|
|
I hereby certify that S.B. No. 705 passed the House, with |
|
amendment, on May 23, 2021, by the following vote: Yeas 144, |
|
Nays 1, one present not voting. |
|
|
|
|
______________________________ |
|
Chief Clerk of the House |
|
|
|
|
|
Approved: |
|
|
|
______________________________ |
|
Date |
|
|
|
|
|
______________________________ |
|
Governor |