BILL ANALYSIS C.S.H.B. 2245 By: Black 04-10-95 Committee Report (Substituted) BACKGROUND The Texas Animal Health Commission (TAHC) and its 12-member Commission were created in 1893 by the 23rd Legislature. TAHC is responsible for enforcing animal health rules and regulations. The Commission oversees the control and eradication of disease in traditional livestock, exotic livestock and fowl, and poultry. The Commission operates programs for specific animal diseases, such as bovine and swine brucellosis and tick fever. These responsibilities are carried out through four strategies: disease prevention, surveillance, control and eradication, and the reduction of livestock disease. The Texas Animal Health Commission is subject to the Sunset Act and will be abolished September 1, 1995 unless continued by the Legislature. As a result of its review of the Commission, the Sunset Advisory Commission recommended continuation and several statutory modifications that are contained in this legislation. PURPOSE This bill allows the TAHC to continue for a 12-year period, extends authority to exotic livestock and fowl, and makes statutory modifications recommended by the Sunset Advisory Commission. The modifications proposed by this bill provide for administrative penalties up to $1,000. It requires the TAHC to consult the Council on Competitive Government regarding privatizing commercially available services and provides the TAHC authority to negotiate use of the Texas Department of Agriculture's livestock export pens for animal health purposes. RULEMAKING AUTHORITY It is the committee's opinion that this bill expressly grants additional rulemaking authority to the Texas Animal Health Commission in the following sections of the Agriculture Code: SECTION 18 [Section 161.054] and SECTION 23 [Section 161.112(b)]. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 146.022, Agriculture Code. Requires the Texas Department of Agriculture to enter into any cooperative agreement initiated by the commission for use of export livestock pens for animal health purposes. SECTION 2. Amends Section 161.001(a), Agriculture Code. Adds definition for "Animal" that includes exotic livestock, domestic fowl and exotic fowl. Also, renumbers existing subdivisions. SECTION 3. Amends Section 161.005(b), Agriculture Code. Replaces "chairman" with "presiding officer." SECTION 4. Amends Subchapter A, Chapter 161, Agriculture Code, by adding Section 161.008 as follows: Section 161.008. STATE FUNDS REFORM ACT APPLICABLE. Requires that all agency funds be managed in accordance with the State Funds Reform Act. SECTION 5. Amends Section 161.02, Agriculture Code, by amending Subsection (c) and adding (d). Defines the eligibility of individuals to serve as public members on the commission, and sets forth that appointments to the commission must be made regardless of a person's disability, gender, religion, age, race, color or national origin. SECTION 6. Amends Subchapter B, Chapter 161, Agriculture Code, by adding Section 161.023 as follows: Section 161.023. MANDATORY TRAINING PROGRAM FOR COMMISSIONERS. Requires that the commission members be provided with adequate information and training to perform their duties prior to assuming their duties and being confirmed by the Senate. SECTION 7. Amends Section 161.024, Agriculture Code. Requires the governor to select the presiding officer of the commission. SECTION 8. Amends Section 161.027, Agriculture Code. Updates the commission's sunset review date to 2007, providing the usual 12-year review. SECTION 9. Amends Section 161.029(c), Agriculture Code. Replaces "chairman" with "presiding officer." Sets forth the process for removing a commission member. Requires notification of the commission's presiding officer, the governor and the attorney general if knowledge that a potential ground for removal exists. SECTION 10. Amends Section 161.030, Agriculture Code. Requires the commission to clearly separate its policymaking responsibilities from the management responsibilities of the executive director and staff of the commission. SECTION 11. Amends Section 161.031, Agriculture Code, Subsections (a), (b), (d) and (e). (a) Requires the executive director or a designee to develop an intra-agency career ladder program that addresses mobility and advancement opportunities for employees within the commission and requires intra-agency postings of job openings concurrently with any public posting. (b) Requires the executive director or a designee to develop a system of annual performance evaluations based on documented employee performance and upon which merit salary increases must be based. (d) Requires the executive director or a designee to develop an equal employment policy that is annually updated, reviewed by the Texas Commission on Human Rights, and filed with the governor's office. (e) Requires an equal employment policy to be updated annually and reviewed by the Texas Commission on Human Rights. SECTION 12. Amends Section 161.032, Agriculture Code. Requires the commission to prepare an annual financial report that meets the reporting requirement in the appropriations act. SECTION 13. Amends Sections 161.033(c) and (d), Agriculture Code. Requires the commission to maintain files on written complaints that the commission has the authority to resolve and to notify the parties regarding the status of the complaint quarterly until disposition. Also, requires the commission to collect and maintain information about all complaints filed with the commission. SECTION 14. Amends Section 161.034, Agriculture Code. Sets forth that the commission is subject to the open meetings laws. SECTION 15. Amends Chapter 161, Agriculture Code, by adding Sections 161.035, 161.036, 161.037, and 161.038. Section 161.035. ADVISORY COMMITTEES. Allows the commission to establish advisory committees to assist in developing rules for the regulation of exotic livestock and exotic fowl. Section 161.036. PROGRAM AND FACILITY ACCESSIBILITY. Requires the agency to comply with federal and state laws related to facility accessibility and develop a plan that describes how non-English speaking persons can be provided reasonable access to the agency's programs. Section 161.037. PERIODIC REVIEW OF AGENCY FUNCTIONS. Requires the commission to periodically review services provided, including laboratory services, for cost-effectiveness. Requires the commission to consult with the Council on Competitive Government for assistance during each review. Section 161.038. ADMINISTRATIVE PROCEDURE ACT APPLICABLE. Requires the commission to comply with the administrative procedure law. SECTION 16. Amends Section 161.048, Agriculture Code. Extends commission authority to inspect and detain shipments of livestock and livestock products to all animals and animal products including exotic livestock and exotic fowl. SECTION 17. Amends Sections 161.049(c)-(e), Agriculture Code. (c) Extends current commission authority to require dealers to keep records for exotic livestock and fowl. (d) Extends current commission authority to copy and inspect livestock and fowl records to exotic livestock and exotic fowl records. (e) Requires the commission to adopt the form and content of records maintained by a dealer. SECTION 18. Amends Chapter 161, Agriculture Code, by adding Sections 161.053 and 161.054. Section 161.053. COOPERATIVE AGREEMENTS. Authorizes the commission to enter into a cooperative agreement with the Texas Department of Agriculture for use of export livestock pens for animal health purposes. Section 161.054. IDENTIFICATION OF EXOTIC ANIMALS. Authorizes the commission to adopt rules establishing a standard method of identification for exotic livestock and exotic fowl. SECTION 19. Amends Section 161.061(b), Agriculture Code. Extends the quarantine authority of the commission to exotic livestock and exotic fowl. SECTION 20. Amends Section 161.081(a), Agriculture Code. Extends the authority to regulate the movement of livestock by rail or other common carrier to exotic livestock and exotic fowl. SECTION 21. Amends Section 161.101, Agriculture Code. Requires veterinarians to report to the TAHC the presence of certain diseases in exotic livestock and exotic fowl, and to report the name and address of the owner and location of the diseased animal if it is exotic livestock or exotic fowl. SECTION 22. Amends Section 161.111, Agriculture Code. Expands the definition of "livestock market" to include places where exotic livestock and exotic fowl are sold. SECTION 23. Amends Section 161.112, Agriculture Code. Provides the commission the authority to adopt rules for testing, immunizing, and dipping exotic livestock and fowl to protect against the spread of communicable diseases. Also, provides the commission the authority to adopt rules requiring permits for moving exotic livestock and exotic fowl from livestock markets to protect against the spread of communicable diseases. SECTION 24. Amends Section 161.136(a), Agriculture Code. Authorizes the commission to require a certificate, vaccination, test, or permit for entering exotic livestock and exotic fowl in an exhibition. SECTION 25. Amends Section 161.139(a), Agriculture Code. Expands offenses for failure to allow inspection of livestock to exotic livestock and exotic fowl. SECTION 26. Amends Section 161.140, Agriculture Code. Expands offenses for failure to allow inspection of a livestock carcass to all animals. SECTION 27. Amends Sections 161.141(a) and (b), Agriculture Code. Extends penalties for movement of livestock in violation of commission rules to exotic livestock and exotic fowl. SECTION 28. Amends Subchapter H, Chapter 161, by adding Section 161.148, Agriculture Code, as follows: Section 161.148. ADMINISTRATIVE PENALTY. Provides the commission with the authority to apply administrative penalties of up to $1,000 for violations of its rules and regulations and establishes a hearing and appeal process with standard timelines. SECTION 29. Amends Section 164.006, Agriculture Code. Adds standard language developed by the Sunset Commission to change "chairman" to "presiding officer." SECTION 30. Amends Section 164.021(b), Agriculture Code. Adds standard language developed by the Sunset Commission to change "chairman" to "presiding officer." SECTION 31. Amends Sections 164.022(a) and (b), Agriculture Code. Adds standard language developed by the Sunset Commission to change "chairman" to "presiding officer." SECTION 32. Amends Section 167.052(a), Agriculture Code. Adds standard language developed by the Sunset Commission to change "chairman" to "presiding officer." SECTION 33. Amends Section 167.059(c), Agriculture Code. Adds standard language developed by the Sunset Commission to change "chairman" to "presiding officer." SECTION 34. Amends Section 167.109(a), Agriculture Code. Adds standard language developed by the Sunset Commission to change "chairman" to "presiding officer." SECTION 35. Sets forth that the changes in public member qualifications, and training of commission members only applies to those who apply for or take office on or after September 1, 1995. Also, sets forth that administrative penalties cannot be administered to offenses committed before September 1, 1995. SECTION 36. Effective Date: September 1, 1995. SECTION 37. Emergency Clause. COMPARISON OF ORIGINAL TO SUBSTITUTE The original legislation included provisions that authorized the commission to set and collect user fees to recover the costs of administering disease control programs, and required all livestock dealers to register with the commission. The substitute deletes these provisions and related language throughout the bill. Also, the original legislation removed the commission's authority to collect fees for administering the brucellosis control program; the substitute, however, retains that authority. SUMMARY OF COMMITTEE ACTION H.B. 2245 was considered by the committee in a public hearing on Tuesday, March, 28, 1995. Representative Black explained the bill. The following people testified in favor of the bill: Mr. Jim Selman, President of and representing the Independent Cattlemen's Association of Texas, Inc., (ICA); Mr. Charles Carter representing the ICA; Mr. W.B. Brown, rancher, representing himself; Mrs. Delle Brown, rancher, representing herself; Mr. Elton R. Franke, rancher, representing himself; Mrs. W.B. Pat Franke, rancher, representing herself; Mr. Carl L. Wendler, rancher, representing himself and the ICA; Mr. Jim B. Grumbles, rancher, representing himself and the ICA; Mrs. Frances E. Wendler, rancher, representing herself and the ICA; Mr. Joe G. Bargas, farmer/rancher, representing himself; Mr. Wayne D. Dierlim, farmer/rancher, representing himself and the ICA; Mr. A.L. Krause representing himself and the Victoria ICA; Mr. W.T. (Tommy) Guerra, cattleman, representing himself and the ICA; Mr. Bill E. Thomas, rancher, representing himself and the ICA; Mrs. Doris E. Thomas, rancher, representing herself and the ICA; Mr. Roy L. Dudman, rancher, representing himself and the ICA; Mrs. Joan Dudman representing herself and the ICA; Mr. Dale Roddey, rancher, representing himself; Mr. Ross Wilson representing the Texas Cattle Feeders Association; Mr. Ed Small representing the Texas and Southwestern Cattle Raisers Association; Mr. Jerry Clark representing the Associated Milk Producers, Inc.; Mr. Ken Horton, representing the Texas Pork Producers Association; Mr. Durwood Tucker representing the Texas Farm Bureau; and Mr. Donald M. Ward representing the Texas Veterinary Medical Association. The Chair recognized the following person to testify against the bill: Mr. Larry Mack, rancher, representing himself. The Chair recognized the following persons to testify neutrally on the bill: Mr. Donald De Jong representing the Texas Association of Dairymen; Mr. D. Keith Chapman representing the Livestock Marketers Association of Texas; and Dr. Terry Beals, Executive Director of and representing the Texas Animal Health Commission. The bill was left pending. H.B. 2245 was considered by the committee in a public hearing on Tuesday, April 4, 1995. The committee considered a complete substitute for the bill. The substitute was adopted without objection. The bill was reported favorably as substituted, with the recommendation that it do pass and be printed, by a record vote of 8 ayes, 0 nays, 0 pnv, 1 absent.