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.