73R3792 MJW-D
By Hightower, et al. H.B. No. 2009
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the Texas Animal Health Commission and to the control
1-3 of animal diseases and pests; providing penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 161.026, Agriculture Code, is amended to
1-6 read as follows:
1-7 Sec. 161.026. EXPENSES AND PER DIEM. Each commissioner is
1-8 entitled to reasonable travel expenses incurred in performing
1-9 official duties and to the per diem set in the General
1-10 Appropriations Act for members of state boards and commissions
1-11 <receive reimbursement for actual and necessary expenses incurred
1-12 in the performance of official duties>.
1-13 SECTION 2. Section 161.041(e), Agriculture Code, is amended
1-14 to read as follows:
1-15 (e) An offense under Subsection (c) or (d) of this section
1-16 is a Class C <B> misdemeanor unless it is shown on the trial of the
1-17 offense that the defendant has been previously convicted under this
1-18 section, in which event the offense is a Class B misdemeanor.
1-19 SECTION 3. Section 161.050, Agriculture Code, is amended to
1-20 read as follows:
1-21 Sec. 161.050. Injunction. The commission is entitled to
1-22 appropriate injunctive relief to prevent or abate a violation of a
1-23 statute administered or enforced by the commission or a rule
1-24 adopted or order issued by the commission under such a statute. On
2-1 request of the commission, the attorney general <or the county or
2-2 district attorney in the county in which the alleged violation is
2-3 threatened or is occurring> shall file suit for the injunctive
2-4 relief. Venue is in Travis County <the county in which the alleged
2-5 violation is threatened or is occurring>.
2-6 SECTION 4. Section 161.136(c), Agriculture Code, is amended
2-7 to read as follows:
2-8 (c) An offense under this section is a Class C <B>
2-9 misdemeanor unless it is shown on the trial of the offense that the
2-10 defendant has been previously convicted under this section, in
2-11 which event the offense is a Class B misdemeanor.
2-12 SECTION 5. Section 161.137(b), Agriculture Code, is amended
2-13 to read as follows:
2-14 (b) An offense under this section is a Class C misdemeanor
2-15 for each head of livestock moved as prohibited by Subsection (a) of
2-16 this section unless it is shown on the trial of the offense that
2-17 the defendant has been previously convicted under this section, in
2-18 which event the offense is a Class B misdemeanor.
2-19 SECTION 6. Section 161.138(b), Agriculture Code, is amended
2-20 to read as follows:
2-21 (b) An offense under this section is a Class C <B>
2-22 misdemeanor unless it is shown on the trial of the offense that the
2-23 defendant has been previously convicted under this section, in
2-24 which event the offense is a Class B misdemeanor.
2-25 SECTION 7. Section 161.139(b), Agriculture Code, is amended
2-26 to read as follows:
2-27 (b) An offense under this section is a Class C <B>
3-1 misdemeanor unless it is shown on the trial of the offense that the
3-2 defendant has been previously convicted under this section, in
3-3 which event the offense is a Class B misdemeanor.
3-4 SECTION 8. Section 161.140(b), Agriculture Code, is amended
3-5 to read as follows:
3-6 (b) An offense under this section is a Class C <B>
3-7 misdemeanor unless it is shown on the trial of the offense that the
3-8 defendant has been previously convicted under this section, in
3-9 which event the offense is a Class B misdemeanor.
3-10 SECTION 9. Sections 161.141(a) and (b), Agriculture Code,
3-11 are amended to read as follows:
3-12 (a) A person commits an offense if the person violates
3-13 Section 161.065(a)(1) or (a)(2) of this code or, as owner or
3-14 caretaker of the livestock, domestic animals, or domestic fowl, the
3-15 person permits movement in violation of Section 161.065(a)(1) or
3-16 (a)(2) of this code. Except as provided by Subsection (c) or (d)
3-17 of this section, an offense under this subsection is a Class C <B>
3-18 misdemeanor for each animal moved in violation of the quarantine
3-19 unless it is shown on the trial of the offense that the defendant
3-20 has been previously convicted under this section, in which event
3-21 the offense is a Class B misdemeanor.
3-22 (b) A person commits an offense if the person violates
3-23 Section 161.065(a)(3) of this code or, as owner or caretaker of the
3-24 commodities or animals, the person permits movement in violation of
3-25 Section 161.065(a)(3) of this code. Except as provided by
3-26 Subsection (c) or (d) of this section, an offense under this
3-27 subsection is a Class C <B> misdemeanor for each shipment moved in
4-1 violation of the quarantine unless it is shown on the trial of the
4-2 offense that the defendant has been previously convicted under this
4-3 section, in which event the offense is a Class B misdemeanor.
4-4 SECTION 10. Section 161.143(b), Agriculture Code, is amended
4-5 to read as follows:
4-6 (b) An offense under this section is a Class C misdemeanor
4-7 unless it is shown on the trial of the offense that the defendant
4-8 has been previously convicted under this section, in which event
4-9 the offense is a Class B misdemeanor.
4-10 SECTION 11. Section 162.011(b), Agriculture Code, is amended
4-11 to read as follows:
4-12 (b) An offense under this section is a Class C <B>
4-13 misdemeanor unless it is shown on the trial of the offense that the
4-14 defendant has been previously convicted under this section, in
4-15 which event the offense is a Class B misdemeanor.
4-16 SECTION 12. Section 162.013(b), Agriculture Code, is amended
4-17 to read as follows:
4-18 (b) An offense under this section is a Class C <B>
4-19 misdemeanor unless it is shown on the trial of the offense that the
4-20 defendant has been previously convicted under this section, in
4-21 which event the offense is a Class B misdemeanor.
4-22 SECTION 13. Section 163.072(c), Agriculture Code, is amended
4-23 to read as follows:
4-24 (c) The owner or operator of a slaughter plant commits an
4-25 offense if the slaughter plant fails to comply with this section or
4-26 a rule adopted under this section. An offense under this
4-27 subsection is a Class C <B> misdemeanor unless it is shown on the
5-1 trial of the offense that the defendant has been previously
5-2 convicted under this section, in which event the offense is a Class
5-3 B misdemeanor.
5-4 SECTION 14. Section 163.081(b), Agriculture Code, is amended
5-5 to read as follows:
5-6 (b) An offense under this section is a Class C <B>
5-7 misdemeanor unless it is shown on the trial of the offense that the
5-8 defendant has been previously convicted under this section, in
5-9 which event the offense is a Class B misdemeanor.
5-10 SECTION 15. Section 163.082(b), Agriculture Code, is amended
5-11 to read as follows:
5-12 (b) An offense under this section is a Class C <B>
5-13 misdemeanor unless it is shown on the trial of the offense that the
5-14 defendant has been previously convicted under this section, in
5-15 which event the offense is a Class B misdemeanor.
5-16 SECTION 16. Section 163.083(b), Agriculture Code, is amended
5-17 to read as follows:
5-18 (b) An offense under this section is a Class C <B>
5-19 misdemeanor unless it is shown on the trial of the offense that the
5-20 defendant has been previously convicted under this section, in
5-21 which event the offense is a Class B misdemeanor.
5-22 SECTION 17. Section 163.084(b), Agriculture Code, is amended
5-23 to read as follows:
5-24 (b) An offense under this section is a Class C <B>
5-25 misdemeanor unless it is shown on the trial of the offense that the
5-26 defendant has been previously convicted under this section, in
5-27 which event the offense is a Class B misdemeanor.
6-1 SECTION 18. Section 163.085(b), Agriculture Code, is amended
6-2 to read as follows:
6-3 (b) An offense under this section is a Class C <B>
6-4 misdemeanor unless it is shown on the trial of the offense that the
6-5 defendant has been previously convicted under this section, in
6-6 which event the offense is a Class B misdemeanor.
6-7 SECTION 19. Section 165.025, Agriculture Code, is amended to
6-8 read as follows:
6-9 Sec. 165.025. COMPENSATION OF OWNER OF SWINE. (a) The
6-10 commission may pay to the owner of swine exposed to brucellosis
6-11 compensation in an amount to be determined by the commission if the
6-12 commission determines that:
6-13 (1) the owner's herd is a problem herd; or
6-14 (2) the owner is in extreme financial hardship <If an
6-15 animal infected with or exposed to vesicular exanthema, foot and
6-16 mouth disease, or hog cholera is sold and slaughtered under Section
6-17 165.024 of this code, the commission may pay the owner an amount
6-18 equal to not more than 50 percent of the appraised value of the
6-19 animal, after deducting any amount received by the owner for
6-20 salvage>.
6-21 (b) The commission may adopt rules to implement this
6-22 section, including rules for determining the amount of compensation
6-23 a person is eligible to receive <Compensation under this section
6-24 may not exceed the amount of any compensation paid to the owner of
6-25 the swine by the United States Department of Agriculture.>
6-26 <(c) In order to be eligible for compensation under this
6-27 section, an owner must have complied with Section 165.026 of this
7-1 code and the rules of the commission applicable to the swine for
7-2 which payment is made.>
7-3 <(d) For purposes of this section, the appraised value of an
7-4 animal shall be determined by a representative of the commission or
7-5 the United States Department of Agriculture and a representative of
7-6 the owner of the animal. If they cannot agree on the value, they
7-7 shall appoint a third appraiser and the value of the animal shall
7-8 be determined by agreement of any two of the three appraisers. If
7-9 either party is not satisfied with the value as appraised, that
7-10 party may appeal to a court of competent jurisdiction in the county
7-11 of the owner's residence. The appeal is by trial de novo as that
7-12 term is used in appeals from the justice court to the county court.>
7-13 <(e) The commission may compensate persons under this
7-14 section only from funds appropriated for that purpose>.
7-15 SECTION 20. Section 165.041(b), Agriculture Code, is amended
7-16 to read as follows:
7-17 (b) An offense under this section is a Class C <B>
7-18 misdemeanor unless it is shown on the trial of the offense that the
7-19 defendant has been previously convicted under this section, in
7-20 which event the offense is a Class B misdemeanor.
7-21 SECTION 21. Section 167.131(b), Agriculture Code, is amended
7-22 to read as follows:
7-23 (b) An offense under this section is a Class C <B>
7-24 misdemeanor unless it is shown on the trial of the offense that the
7-25 defendant has been previously convicted under this section, in
7-26 which event the offense is a Class B misdemeanor.
7-27 SECTION 22. Section 167.132(c), Agriculture Code, is amended
8-1 to read as follows:
8-2 (c) An offense under this section is a Class C <B>
8-3 misdemeanor for each head of livestock moved, permitted to move, or
8-4 permitted to enter the pen unless it is shown on the trial of the
8-5 offense that the defendant has been previously convicted under this
8-6 section, in which event the offense is a Class B misdemeanor.
8-7 SECTION 23. Sections 167.133(b) and (c), Agriculture Code,
8-8 are amended to read as follows:
8-9 (b) An offense under Subsection (a)(1) of this code is a
8-10 Class C <B> misdemeanor for each head of livestock moved or
8-11 permitted to be moved unless it is shown on the trial of the
8-12 offense that the defendant has been previously convicted under this
8-13 section, in which event the offense is a Class B misdemeanor.
8-14 (c) An offense under Subsection (a)(2) of this section is a
8-15 Class C <B> misdemeanor unless it is shown on the trial of the
8-16 offense that the defendant has been previously convicted under this
8-17 section, in which event the offense is a Class B misdemeanor. A
8-18 person commits a separate offense under that subsection for the
8-19 movement of each animal, each animal product, or each shipment of
8-20 another commodity.
8-21 SECTION 24. Section 167.134(b), Agriculture Code, is amended
8-22 to read as follows:
8-23 (b) An offense under this section is a Class C <B>
8-24 misdemeanor for each head of livestock moved unless it is shown on
8-25 the trial of the offense that the defendant has been previously
8-26 convicted under this section, in which event the offense is a Class
8-27 B misdemeanor.
9-1 SECTION 25. Section 167.135(b), Agriculture Code, is amended
9-2 to read as follows:
9-3 (b) An offense under this section is a Class C <B>
9-4 misdemeanor for each head of livestock moved or conveyed without a
9-5 certificate or permit as required by Subsection (a) of this section
9-6 unless it is shown on the trial of the offense that the defendant
9-7 has been previously convicted under this section, in which event
9-8 the offense is a Class B misdemeanor.
9-9 SECTION 26. Section 167.136(b), Agriculture Code, is amended
9-10 to read as follows:
9-11 (b) An offense under this section is a Class C <B>
9-12 misdemeanor unless it is shown on the trial of the offense that the
9-13 defendant has been previously convicted under this section, in
9-14 which event the offense is a Class B misdemeanor.
9-15 SECTION 27. Section 167.137(b), Agriculture Code, is amended
9-16 to read as follows:
9-17 (b) An offense under this section is a Class C <B>
9-18 misdemeanor for each car or other means of conveyance not cleaned
9-19 and disinfected unless it is shown on the trial of the offense that
9-20 the defendant has been previously convicted under this section, in
9-21 which event the offense is a Class B misdemeanor.
9-22 SECTION 28. Section 167.138(b), Agriculture Code, is amended
9-23 to read as follows:
9-24 (b) An offense under this section is a Class C <B>
9-25 misdemeanor unless it is shown on the trial of the offense that the
9-26 defendant has been previously convicted under this section, in
9-27 which event the offense is a Class B misdemeanor.
10-1 SECTION 29. Section 167.139(b), Agriculture Code, is amended
10-2 to read as follows:
10-3 (b) An offense under this section is a Class C <B>
10-4 misdemeanor unless it is shown on the trial of the offense that the
10-5 defendant has been previously convicted under this section, in
10-6 which event the offense is a Class B misdemeanor.
10-7 SECTION 30. Section 167.140(b), Agriculture Code, is amended
10-8 to read as follows:
10-9 (b) An offense under this section is a Class C <B>
10-10 misdemeanor unless it is shown on the trial of the offense that the
10-11 defendant has been previously convicted under this section, in
10-12 which event the offense is a Class B misdemeanor.
10-13 SECTION 31. Section 167.141(b), Agriculture Code, is amended
10-14 to read as follows:
10-15 (b) An offense under this section is a Class C <B>
10-16 misdemeanor unless it is shown on the trial of the offense that the
10-17 defendant has been previously convicted under this section, in
10-18 which event the offense is a Class B misdemeanor.
10-19 SECTION 32. Section 167.142(b), Agriculture Code, is amended
10-20 to read as follows:
10-21 (b) An offense under this section is a Class C <B>
10-22 misdemeanor unless it is shown on the trial of the offense that the
10-23 defendant has been previously convicted under this section, in
10-24 which event the offense is a Class B misdemeanor.
10-25 SECTION 33. Section 167.143(b), Agriculture Code, is amended
10-26 to read as follows:
10-27 (b) An offense under this section is a Class C <B>
11-1 misdemeanor unless it is shown on the trial of the offense that the
11-2 defendant has been previously convicted under this section, in
11-3 which event the offense is a Class B misdemeanor.
11-4 SECTION 34. (a) The change in law made by Section 3 of this
11-5 Act applies only to a suit for injunctive relief that is filed on
11-6 or after the effective date of this Act. A suit filed before the
11-7 effective date of this Act is governed by the law then in effect,
11-8 and the former law is continued in effect for that purpose.
11-9 (b) The changes in law made by Sections 2, 4-18, and 20-33
11-10 of this Act apply only to an offense committed on or after the
11-11 effective date of this Act. For purposes of this subsection, an
11-12 offense is committed before the effective date of this Act if any
11-13 element of the offense occurs before that date. An offense
11-14 committed before the effective date of this Act is covered by the
11-15 law in effect when the offense was committed, and the former law is
11-16 continued in effect for that purpose.
11-17 SECTION 35. This Act takes effect September 1, 1993.
11-18 SECTION 36. The importance of this legislation and the
11-19 crowded condition of the calendars in both houses create an
11-20 emergency and an imperative public necessity that the
11-21 constitutional rule requiring bills to be read on three several
11-22 days in each house be suspended, and this rule is hereby suspended.