1-1 By: Hightower, et al (Senate Sponsor - Sims) H.B. No. 2009
1-2 (In the Senate - Received from the House April 21, 1993;
1-3 April 21, 1993, read first time and referred to Committee on
1-4 Natural Resources; May 21, 1993, reported favorably by the
1-5 following vote: Yeas 9, Nays 0; May 21, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Sims x
1-9 Truan x
1-10 Armbrister x
1-11 Barrientos x
1-12 Bivins x
1-13 Brown x
1-14 Carriker x
1-15 Lucio x
1-16 Montford x
1-17 Ratliff x
1-18 Shelley x
1-19 A BILL TO BE ENTITLED
1-20 AN ACT
1-21 relating to the Texas Animal Health Commission and to the control
1-22 of animal diseases and pests; providing penalties.
1-23 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-24 SECTION 1. Section 161.026, Agriculture Code, is amended to
1-25 read as follows:
1-26 Sec. 161.026. EXPENSES AND PER DIEM. Each commissioner is
1-27 entitled to reasonable travel expenses incurred in performing
1-28 official duties and to the per diem set in the General
1-29 Appropriations Act for members of state boards and commissions
1-30 <receive reimbursement for actual and necessary expenses incurred
1-31 in the performance of official duties>.
1-32 SECTION 2. Section 161.041(e), Agriculture Code, is amended
1-33 to read as follows:
1-34 (e) An offense under Subsection (c) or (d) of this section
1-35 is a Class C <B> misdemeanor unless it is shown on the trial of the
1-36 offense that the defendant has been previously convicted under this
1-37 section, in which event the offense is a Class B misdemeanor.
1-38 SECTION 3. Section 161.050, Agriculture Code, is amended to
1-39 read as follows:
1-40 Sec. 161.050. Injunction. The commission is entitled to
1-41 appropriate injunctive relief to prevent or abate a violation of a
1-42 statute administered or enforced by the commission or a rule
1-43 adopted or order issued by the commission under such a statute. On
1-44 request of the commission, the attorney general <or the county or
1-45 district attorney in the county in which the alleged violation is
1-46 threatened or is occurring> shall file suit for the injunctive
1-47 relief. Venue is in Travis County <the county in which the alleged
1-48 violation is threatened or is occurring>.
1-49 SECTION 4. Section 161.136(c), Agriculture Code, is amended
1-50 to read as follows:
1-51 (c) An offense under this section is a Class C <B>
1-52 misdemeanor unless it is shown on the trial of the offense that the
1-53 defendant has been previously convicted under this section, in
1-54 which event the offense is a Class B misdemeanor.
1-55 SECTION 5. Section 161.137(b), Agriculture Code, is amended
1-56 to read as follows:
1-57 (b) An offense under this section is a Class C misdemeanor
1-58 for each head of livestock moved as prohibited by Subsection (a) of
1-59 this section unless it is shown on the trial of the offense that
1-60 the defendant has been previously convicted under this section, in
1-61 which event the offense is a Class B misdemeanor.
1-62 SECTION 6. Section 161.138(b), Agriculture Code, is amended
1-63 to read as follows:
1-64 (b) An offense under this section is a Class C <B>
1-65 misdemeanor unless it is shown on the trial of the offense that the
1-66 defendant has been previously convicted under this section, in
1-67 which event the offense is a Class B misdemeanor.
1-68 SECTION 7. Section 161.139(b), Agriculture Code, is amended
2-1 to read as follows:
2-2 (b) An offense under this section is a Class C <B>
2-3 misdemeanor unless it is shown on the trial of the offense that the
2-4 defendant has been previously convicted under this section, in
2-5 which event the offense is a Class B misdemeanor.
2-6 SECTION 8. Section 161.140(b), Agriculture Code, is amended
2-7 to read as follows:
2-8 (b) 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 9. Sections 161.141(a) and (b), Agriculture Code,
2-13 are amended to read as follows:
2-14 (a) A person commits an offense if the person violates
2-15 Section 161.065(a)(1) or (a)(2) of this code or, as owner or
2-16 caretaker of the livestock, domestic animals, or domestic fowl, the
2-17 person permits movement in violation of Section 161.065(a)(1) or
2-18 (a)(2) of this code. Except as provided by Subsection (c) or (d)
2-19 of this section, an offense under this subsection is a Class C <B>
2-20 misdemeanor for each animal moved in violation of the quarantine
2-21 unless it is shown on the trial of the offense that the defendant
2-22 has been previously convicted under this section, in which event
2-23 the offense is a Class B misdemeanor.
2-24 (b) A person commits an offense if the person violates
2-25 Section 161.065(a)(3) of this code or, as owner or caretaker of the
2-26 commodities or animals, the person permits movement in violation of
2-27 Section 161.065(a)(3) of this code. Except as provided by
2-28 Subsection (c) or (d) of this section, an offense under this
2-29 subsection is a Class C <B> misdemeanor for each shipment moved in
2-30 violation of the quarantine unless it is shown on the trial of the
2-31 offense that the defendant has been previously convicted under this
2-32 section, in which event the offense is a Class B misdemeanor.
2-33 SECTION 10. Section 161.143(b), Agriculture Code, is amended
2-34 to read as follows:
2-35 (b) An offense under this section is a Class C misdemeanor
2-36 unless it is shown on the trial of the offense that the defendant
2-37 has been previously convicted under this section, in which event
2-38 the offense is a Class B misdemeanor.
2-39 SECTION 11. Section 162.011(b), Agriculture Code, is amended
2-40 to read as follows:
2-41 (b) An offense under this section is a Class C <B>
2-42 misdemeanor unless it is shown on the trial of the offense that the
2-43 defendant has been previously convicted under this section, in
2-44 which event the offense is a Class B misdemeanor.
2-45 SECTION 12. Section 162.013(b), Agriculture Code, is amended
2-46 to read as follows:
2-47 (b) An offense under this section is a Class C <B>
2-48 misdemeanor unless it is shown on the trial of the offense that the
2-49 defendant has been previously convicted under this section, in
2-50 which event the offense is a Class B misdemeanor.
2-51 SECTION 13. Section 163.072(c), Agriculture Code, is amended
2-52 to read as follows:
2-53 (c) The owner or operator of a slaughter plant commits an
2-54 offense if the slaughter plant fails to comply with this section or
2-55 a rule adopted under this section. An offense under this
2-56 subsection is a Class C <B> misdemeanor unless it is shown on the
2-57 trial of the offense that the defendant has been previously
2-58 convicted under this section, in which event the offense is a Class
2-59 B misdemeanor.
2-60 SECTION 14. Section 163.081(b), Agriculture Code, is amended
2-61 to read as follows:
2-62 (b) An offense under this section is a Class C <B>
2-63 misdemeanor unless it is shown on the trial of the offense that the
2-64 defendant has been previously convicted under this section, in
2-65 which event the offense is a Class B misdemeanor.
2-66 SECTION 15. Section 163.082(b), Agriculture Code, is amended
2-67 to read as follows:
2-68 (b) An offense under this section is a Class C <B>
2-69 misdemeanor unless it is shown on the trial of the offense that the
2-70 defendant has been previously convicted under this section, in
3-1 which event the offense is a Class B misdemeanor.
3-2 SECTION 16. Section 163.083(b), Agriculture Code, is amended
3-3 to read as follows:
3-4 (b) An offense under this section is a Class C <B>
3-5 misdemeanor unless it is shown on the trial of the offense that the
3-6 defendant has been previously convicted under this section, in
3-7 which event the offense is a Class B misdemeanor.
3-8 SECTION 17. Section 163.084(b), Agriculture Code, is amended
3-9 to read as follows:
3-10 (b) An offense under this section is a Class C <B>
3-11 misdemeanor unless it is shown on the trial of the offense that the
3-12 defendant has been previously convicted under this section, in
3-13 which event the offense is a Class B misdemeanor.
3-14 SECTION 18. Section 163.085(b), Agriculture Code, is amended
3-15 to read as follows:
3-16 (b) An offense under this section is a Class C <B>
3-17 misdemeanor unless it is shown on the trial of the offense that the
3-18 defendant has been previously convicted under this section, in
3-19 which event the offense is a Class B misdemeanor.
3-20 SECTION 19. Section 165.025, Agriculture Code, is amended to
3-21 read as follows:
3-22 Sec. 165.025. COMPENSATION OF OWNER OF SWINE. (a) The
3-23 commission may pay to the owner of swine exposed to brucellosis
3-24 compensation in an amount to be determined by the commission if the
3-25 commission determines that:
3-26 (1) the owner's herd is a problem herd; or
3-27 (2) the owner is in extreme financial hardship <If an
3-28 animal infected with or exposed to vesicular exanthema, foot and
3-29 mouth disease, or hog cholera is sold and slaughtered under Section
3-30 165.024 of this code, the commission may pay the owner an amount
3-31 equal to not more than 50 percent of the appraised value of the
3-32 animal, after deducting any amount received by the owner for
3-33 salvage>.
3-34 (b) The commission may adopt rules to implement this
3-35 section, including rules for determining the amount of compensation
3-36 a person is eligible to receive <Compensation under this section
3-37 may not exceed the amount of any compensation paid to the owner of
3-38 the swine by the United States Department of Agriculture.>
3-39 <(c) In order to be eligible for compensation under this
3-40 section, an owner must have complied with Section 165.026 of this
3-41 code and the rules of the commission applicable to the swine for
3-42 which payment is made.>
3-43 <(d) For purposes of this section, the appraised value of an
3-44 animal shall be determined by a representative of the commission or
3-45 the United States Department of Agriculture and a representative of
3-46 the owner of the animal. If they cannot agree on the value, they
3-47 shall appoint a third appraiser and the value of the animal shall
3-48 be determined by agreement of any two of the three appraisers. If
3-49 either party is not satisfied with the value as appraised, that
3-50 party may appeal to a court of competent jurisdiction in the county
3-51 of the owner's residence. The appeal is by trial de novo as that
3-52 term is used in appeals from the justice court to the county court.>
3-53 <(e) The commission may compensate persons under this
3-54 section only from funds appropriated for that purpose>.
3-55 SECTION 20. Section 165.041(b), Agriculture Code, is amended
3-56 to read as follows:
3-57 (b) An offense under this section is a Class C <B>
3-58 misdemeanor unless it is shown on the trial of the offense that the
3-59 defendant has been previously convicted under this section, in
3-60 which event the offense is a Class B misdemeanor.
3-61 SECTION 21. Section 167.131(b), Agriculture Code, is amended
3-62 to read as follows:
3-63 (b) An offense under this section is a Class C <B>
3-64 misdemeanor unless it is shown on the trial of the offense that the
3-65 defendant has been previously convicted under this section, in
3-66 which event the offense is a Class B misdemeanor.
3-67 SECTION 22. Section 167.132(c), Agriculture Code, is amended
3-68 to read as follows:
3-69 (c) An offense under this section is a Class C <B>
3-70 misdemeanor for each head of livestock moved, permitted to move, or
4-1 permitted to enter the pen 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 23. Sections 167.133(b) and (c), Agriculture Code,
4-5 are amended to read as follows:
4-6 (b) An offense under Subsection (a)(1) of this code is a
4-7 Class C <B> misdemeanor for each head of livestock moved or
4-8 permitted to be moved unless it is shown on the trial of the
4-9 offense that the defendant has been previously convicted under this
4-10 section, in which event the offense is a Class B misdemeanor.
4-11 (c) An offense under Subsection (a)(2) of this section is a
4-12 Class C <B> misdemeanor unless it is shown on the trial of the
4-13 offense that the defendant has been previously convicted under this
4-14 section, in which event the offense is a Class B misdemeanor. A
4-15 person commits a separate offense under that subsection for the
4-16 movement of each animal, each animal product, or each shipment of
4-17 another commodity.
4-18 SECTION 24. Section 167.134(b), Agriculture Code, is amended
4-19 to read as follows:
4-20 (b) An offense under this section is a Class C <B>
4-21 misdemeanor for each head of livestock moved unless it is shown on
4-22 the trial of the offense that the defendant has been previously
4-23 convicted under this section, in which event the offense is a Class
4-24 B misdemeanor.
4-25 SECTION 25. Section 167.135(b), Agriculture Code, is amended
4-26 to read as follows:
4-27 (b) An offense under this section is a Class C <B>
4-28 misdemeanor for each head of livestock moved or conveyed without a
4-29 certificate or permit as required by Subsection (a) of this section
4-30 unless it is shown on the trial of the offense that the defendant
4-31 has been previously convicted under this section, in which event
4-32 the offense is a Class B misdemeanor.
4-33 SECTION 26. Section 167.136(b), Agriculture Code, is amended
4-34 to read as follows:
4-35 (b) An offense under this section is a Class C <B>
4-36 misdemeanor unless it is shown on the trial of the offense that the
4-37 defendant has been previously convicted under this section, in
4-38 which event the offense is a Class B misdemeanor.
4-39 SECTION 27. Section 167.137(b), Agriculture Code, is amended
4-40 to read as follows:
4-41 (b) An offense under this section is a Class C <B>
4-42 misdemeanor for each car or other means of conveyance not cleaned
4-43 and disinfected unless it is shown on the trial of the offense that
4-44 the defendant has been previously convicted under this section, in
4-45 which event the offense is a Class B misdemeanor.
4-46 SECTION 28. Section 167.138(b), Agriculture Code, is amended
4-47 to read as follows:
4-48 (b) An offense under this section is a Class C <B>
4-49 misdemeanor unless it is shown on the trial of the offense that the
4-50 defendant has been previously convicted under this section, in
4-51 which event the offense is a Class B misdemeanor.
4-52 SECTION 29. Section 167.139(b), Agriculture Code, is amended
4-53 to read as follows:
4-54 (b) An offense under this section is a Class C <B>
4-55 misdemeanor unless it is shown on the trial of the offense that the
4-56 defendant has been previously convicted under this section, in
4-57 which event the offense is a Class B misdemeanor.
4-58 SECTION 30. Section 167.140(b), Agriculture Code, is amended
4-59 to read as follows:
4-60 (b) An offense under this section is a Class C <B>
4-61 misdemeanor unless it is shown on the trial of the offense that the
4-62 defendant has been previously convicted under this section, in
4-63 which event the offense is a Class B misdemeanor.
4-64 SECTION 31. Section 167.141(b), Agriculture Code, is amended
4-65 to read as follows:
4-66 (b) An offense under this section is a Class C <B>
4-67 misdemeanor unless it is shown on the trial of the offense that the
4-68 defendant has been previously convicted under this section, in
4-69 which event the offense is a Class B misdemeanor.
4-70 SECTION 32. Section 167.142(b), Agriculture Code, is amended
5-1 to read as follows:
5-2 (b) An offense under this section is a Class C <B>
5-3 misdemeanor unless it is shown on the trial of the offense that the
5-4 defendant has been previously convicted under this section, in
5-5 which event the offense is a Class B misdemeanor.
5-6 SECTION 33. Section 167.143(b), Agriculture Code, is amended
5-7 to read as follows:
5-8 (b) An offense under this section is a Class C <B>
5-9 misdemeanor unless it is shown on the trial of the offense that the
5-10 defendant has been previously convicted under this section, in
5-11 which event the offense is a Class B misdemeanor.
5-12 SECTION 34. (a) The change in law made by Section 3 of this
5-13 Act applies only to a suit for injunctive relief that is filed on
5-14 or after the effective date of this Act. A suit filed before the
5-15 effective date of this Act is governed by the law then in effect,
5-16 and the former law is continued in effect for that purpose.
5-17 (b) The changes in law made by Sections 2, 4-18, and 20-33
5-18 of this Act apply only to an offense committed on or after the
5-19 effective date of this Act. For purposes of this subsection, an
5-20 offense is committed before the effective date of this Act if any
5-21 element of the offense occurs before that date. An offense
5-22 committed before the effective date of this Act is covered by the
5-23 law in effect when the offense was committed, and the former law is
5-24 continued in effect for that purpose.
5-25 SECTION 35. This Act takes effect September 1, 1993.
5-26 SECTION 36. The importance of this legislation and the
5-27 crowded condition of the calendars in both houses create an
5-28 emergency and an imperative public necessity that the
5-29 constitutional rule requiring bills to be read on three several
5-30 days in each house be suspended, and this rule is hereby suspended.
5-31 * * * * *
5-32 Austin,
5-33 Texas
5-34 May 21, 1993
5-35 Hon. Bob Bullock
5-36 President of the Senate
5-37 Sir:
5-38 We, your Committee on Natural Resources to which was referred H.B.
5-39 No. 2009, have had the same under consideration, and I am
5-40 instructed to report it back to the Senate with the recommendation
5-41 that it do pass and be printed.
5-42 Sims,
5-43 Chairman
5-44 * * * * *
5-45 WITNESSES
5-46 FOR AGAINST ON
5-47 ___________________________________________________________________
5-48 Name: Terry Beals x
5-49 Representing: Tx Animal Health Commission
5-50 City: Austin
5-51 -------------------------------------------------------------------
5-52 Name: Kathryn Reed x
5-53 Representing: Tx Animal Health Commission
5-54 City: Austin
5-55 -------------------------------------------------------------------