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
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   5-52  Name:  Kathryn Reed                                            x
   5-53  Representing:  Tx Animal Health Commission
   5-54  City:  Austin
   5-55  -------------------------------------------------------------------