74R9537 PAM-F
By Black H.B. No. 2245
Substitute the following for H.B. No. 2245:
By Hawley C.S.H.B. No. 2245
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the continuation and functions of the Texas Animal
1-3 Health Commission; providing administrative and criminal penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 146.022, Agriculture Code, is amended to
1-6 read as follows:
1-7 Sec. 146.022. Contracts. (a) The department may execute
1-8 agreements with corporations or other private concerns to provide
1-9 feed, medical care, or other necessary goods and services in
1-10 connection with the processing of animals that are to be exported
1-11 or imported.
1-12 (b) The department shall enter into any cooperative
1-13 agreement initiated by the Texas Animal Health Commission under
1-14 Section 161.053.
1-15 SECTION 2. Section 161.001(a), Agriculture Code, is amended
1-16 to read as follows:
1-17 (a) In this chapter:
1-18 (1) "Animal" includes livestock, exotic livestock,
1-19 domestic fowl, and exotic fowl.
1-20 (2) <(1)> "Commission" means the Texas Animal Health
1-21 Commission.
1-22 (3) <(2)> "Livestock" includes cattle, horses, mules,
1-23 asses, sheep, goats, and hogs.
1-24 (4) <(3)> "Exotic livestock" means grass-eating or
2-1 plant-eating, single-hooved or cloven-hooved mammals that are not
2-2 indigenous to this state and are known as ungulates, including
2-3 animals from the swine, horse, tapir, rhinoceros, elephant, deer,
2-4 and antelope families.
2-5 (5) <(4)> "Exotic fowl" means any avian species that
2-6 is not indigenous to this state. The term includes ratites.
2-7 SECTION 3. Section 161.005(b), Agriculture Code, is amended
2-8 to read as follows:
2-9 (b) Any written instrument issued by the commission is
2-10 admissible as evidence in court if certified by the presiding
2-11 officer <chairman> or the executive director.
2-12 SECTION 4. Subchapter A, Chapter 161, Agriculture Code, is
2-13 amended by adding Section 161.008 to read as follows:
2-14 Sec. 161.008. STATE FUNDS REFORM ACT APPLICABLE. All money
2-15 paid to the commission under this chapter is subject to Subchapter
2-16 F, Chapter 404, Government Code.
2-17 SECTION 5. Section 161.021, Agriculture Code, is amended by
2-18 amending Subsection (c) and adding Subsection (d) to read as
2-19 follows:
2-20 (c) Appointments to the commission shall be made without
2-21 regard to the race, color, disability <handicap>, sex, religion,
2-22 age, or national origin of the appointees.
2-23 (d) A person is not eligible for appointment as a public
2-24 member of the commission if the person or the person's spouse:
2-25 (1) is registered or licensed by the commission;
2-26 (2) is employed by or participates in the management
2-27 of a business entity or other organization regulated by the
3-1 commission or receiving funds from the commission;
3-2 (3) owns or controls, directly or indirectly, more
3-3 than a 10 percent interest in a business entity or other
3-4 organization regulated by the commission or receiving funds from
3-5 the commission; or
3-6 (4) uses or receives a substantial amount of tangible
3-7 goods, services, or funds from the commission, other than
3-8 compensation or reimbursement authorized by law for commission
3-9 membership, attendance, or expenses.
3-10 SECTION 6. Subchapter B, Chapter 161, Agriculture Code, is
3-11 amended by adding Section 161.023 to read as follows:
3-12 Sec. 161.023. MANDATORY TRAINING PROGRAM FOR COMMISSIONERS.
3-13 (a) Before a member of the commission may assume the member's
3-14 duties and before the member may be confirmed by the senate, the
3-15 member must complete at least one course of the training program
3-16 established under this section.
3-17 (b) A training program established under this section shall
3-18 provide information to the member regarding:
3-19 (1) the enabling legislation that created the
3-20 commission;
3-21 (2) the programs operated by the commission;
3-22 (3) the role and functions of the commission;
3-23 (4) the rules of the commission with an emphasis on
3-24 the rules that relate to disciplinary and investigatory authority;
3-25 (5) the current budget for the commission;
3-26 (6) the results of the most recent formal audit of the
3-27 commission;
4-1 (7) the requirements of the:
4-2 (A) open meetings law, Chapter 551, Government
4-3 Code;
4-4 (B) open records law, Chapter 552, Government
4-5 Code; and
4-6 (C) administrative procedure law, Chapter 2001,
4-7 Government Code;
4-8 (8) the requirements of the conflict of interest laws
4-9 and other laws relating to public officials; and
4-10 (9) any applicable ethics policies adopted by the
4-11 commission or the Texas Ethics Commission.
4-12 SECTION 7. Section 161.024, Agriculture Code, is amended to
4-13 read as follows:
4-14 Sec. 161.024. PRESIDING OFFICER <CHAIRMAN>. The governor
4-15 shall designate a member of the commission as the presiding officer
4-16 <one commissioner as chairman> of the commission to serve in that
4-17 capacity at the pleasure of the governor.
4-18 SECTION 8. Section 161.027, Agriculture Code, is amended to
4-19 read as follows:
4-20 Sec. 161.027. Sunset Provision. The Texas Animal Health
4-21 Commission is subject to Chapter 325, Government Code (Texas Sunset
4-22 Act). Unless continued in existence as provided by that chapter,
4-23 the commission is abolished September 1, 2007 <1995>.
4-24 SECTION 9. Section 161.029(c), Agriculture Code, is amended
4-25 to read as follows:
4-26 (c) If the executive director has knowledge that a potential
4-27 ground for removal exists, the executive director shall notify the
5-1 presiding officer <chairman> of the commission of the ground. The
5-2 presiding officer <chairman> shall then notify the governor and the
5-3 attorney general that a potential ground for removal exists. If the
5-4 potential ground for removal involves the presiding officer, the
5-5 executive director shall notify the next highest officer of the
5-6 commission, who shall notify the governor and the attorney general
5-7 that a potential ground for removal exists.
5-8 SECTION 10. Section 161.030, Agriculture Code, is amended to
5-9 read as follows:
5-10 Sec. 161.030. Separation of Authority. The commission shall
5-11 develop and implement policies that clearly separate the
5-12 policy-making <define the respective> responsibilities of the
5-13 commission and the management responsibilities of the executive
5-14 director and the staff of the commission.
5-15 SECTION 11. Section 161.031, Agriculture Code, is amended to
5-16 read as follows:
5-17 Sec. 161.031. Personnel. (a) The executive director or the
5-18 executive director's designee shall develop an intraagency career
5-19 ladder program that addresses opportunities for mobility and
5-20 advancement for employees within the commission. The program shall
5-21 require intraagency posting of all <nonentry level> positions
5-22 concurrently with any public posting.
5-23 (b) The executive director or the executive director's
5-24 designee shall develop a system of annual performance evaluations
5-25 that are based on documented employee performance. All merit pay
5-26 for commission employees must be based on the system established
5-27 under this subsection.
6-1 (c) The commission shall provide to its members and
6-2 employees, as often as necessary, information regarding their
6-3 qualifications for office or employment under this chapter and
6-4 their responsibilities under applicable laws relating to standards
6-5 of conduct for state officers or employees.
6-6 (d) The executive director or the executive director's
6-7 designee shall prepare and maintain a written policy statement to
6-8 assure implementation of a program of equal employment opportunity
6-9 under which all personnel transactions are made without regard to
6-10 race, color, disability <handicap>, sex, religion, age, or national
6-11 origin. The policy statement must include:
6-12 (1) personnel policies, including policies relating to
6-13 recruitment, evaluation, selection, appointment, training, and
6-14 promotion of personnel that are in compliance with the requirements
6-15 of Chapter 21, Labor Code;
6-16 (2) a comprehensive analysis of the commission work
6-17 force that meets federal and state guidelines;
6-18 (3) procedures by which a determination can be made
6-19 about the extent of underuse <significant underutilization> in the
6-20 commission work force of all persons for whom federal or state
6-21 guidelines encourage a more equitable balance; and
6-22 (4) reasonable methods to appropriately address those
6-23 areas of underuse <significant underutilization>.
6-24 (e) A policy statement prepared under Subsection (d) of this
6-25 section must cover an annual period, be updated <at least> annually
6-26 and reviewed by the Texas Commission on Human Rights for compliance
6-27 with Subsection (d)(1) of this section, and be filed with the
7-1 governor's office.
7-2 (f) The governor's office shall deliver a biennial report to
7-3 the legislature based on the information received under Subsection
7-4 (e) of this section. The report may be made separately or as a
7-5 part of other biennial reports made to the legislature.
7-6 SECTION 12. Section 161.032, Agriculture Code, is amended to
7-7 read as follows:
7-8 Sec. 161.032. Annual Report. The commission shall prepare
7-9 <file> annually <with the governor and the presiding officer of
7-10 each house of the legislature> a complete and detailed written
7-11 report accounting for all funds received and disbursed by the
7-12 commission during the preceding fiscal year. The annual report
7-13 must meet the reporting requirements applicable to financial
7-14 reporting provided in <be in the form and reported in the time
7-15 prescribed by> the General Appropriations Act.
7-16 SECTION 13. Sections 161.033(c) and (d), Agriculture Code,
7-17 are amended to read as follows:
7-18 (c) The commission shall keep a file about each <If a>
7-19 written complaint <is> filed with the commission that the
7-20 commission has authority to resolve. The commission shall provide
7-21 to the person filing the complaint and the persons or entities
7-22 complained about the commission's policies and procedures
7-23 pertaining to complaint investigation and resolution. The<, the>
7-24 commission, at least quarterly and until final disposition of the
7-25 complaint, shall notify the person filing the complaint and the
7-26 persons or entities complained about <parties to the complaint> of
7-27 the status of the complaint unless the notice would jeopardize an
8-1 undercover investigation.
8-2 (d) The commission shall keep <an> information <file> about
8-3 each complaint filed with the commission. The information shall
8-4 include:
8-5 (1) the date the complaint is received;
8-6 (2) the name of the complainant;
8-7 (3) the subject matter of the complaint;
8-8 (4) a record of all persons contacted in relation to
8-9 the complaint;
8-10 (5) a summary of the results of the review or
8-11 investigation of the complaint; and
8-12 (6) for complaints for which the agency took no
8-13 action, an explanation of the reason the complaint was closed
8-14 without action <that the commission has the authority to resolve>.
8-15 SECTION 14. Section 161.034, Agriculture Code, is amended to
8-16 read as follows:
8-17 Sec. 161.034. Public Meetings. (a) The commission is
8-18 subject to the open meetings law, Chapter 551, Government Code.
8-19 (b) The commission shall develop and implement policies that
8-20 provide the public with a reasonable opportunity to appear before
8-21 the commission and to speak on any issue under the jurisdiction of
8-22 the commission.
8-23 SECTION 15. Subchapter B, Chapter 161, Agriculture Code, is
8-24 amended by adding Sections 161.035, 161.036, 161.037, and 161.038
8-25 to read as follows:
8-26 Sec. 161.035. ADVISORY COMMITTEES. (a) The commission may
8-27 establish advisory committees as it considers necessary to assist
9-1 it in developing proposed rules for the regulation of exotic
9-2 livestock and exotic fowl.
9-3 (b) A member of an advisory committee established under this
9-4 section serves at the pleasure of the commission.
9-5 (c) A member of an advisory committee established under this
9-6 section is not entitled to compensation.
9-7 Sec. 161.036. PROGRAM AND FACILITY ACCESSIBILITY. The
9-8 commission shall comply with federal and state laws related to
9-9 program and facility accessibility. The executive director shall
9-10 also prepare and maintain a written plan that describes how a
9-11 person who does not speak English can be provided reasonable access
9-12 to the commission's programs and services.
9-13 Sec. 161.037. PERIODIC REVIEW OF AGENCY FUNCTIONS. (a) The
9-14 commission shall periodically review services provided by the
9-15 commission, including laboratory services, that also are provided
9-16 in the private sector in order to determine the most cost-effective
9-17 method for delivering the services.
9-18 (b) The commission shall consult the Council on Competitive
9-19 Government for assistance during each review performed under this
9-20 section.
9-21 Sec. 161.038. ADMINISTRATIVE PROCEDURE ACT APPLICABLE. The
9-22 commission is subject to the administrative procedure law, Chapter
9-23 2001, Government Code.
9-24 SECTION 16. Section 161.048, Agriculture Code, is amended to
9-25 read as follows:
9-26 Sec. 161.048. INSPECTION OF SHIPMENT OF ANIMALS <LIVESTOCK>
9-27 OR ANIMAL <LIVESTOCK> PRODUCTS. (a) An agent of the commission is
10-1 entitled to stop and inspect a shipment of animals <livestock> or
10-2 animal <livestock> products being transported in this state in
10-3 order to:
10-4 (1) determine if the shipment is in compliance with
10-5 the laws and rules administered by the commission affecting the
10-6 shipment;
10-7 (2) determine if the shipment originated from a
10-8 quarantined area or herd; or
10-9 (3) determine if the shipment presents a danger to the
10-10 public health or livestock industry through insect infestation or
10-11 through a communicable or noncommunicable disease.
10-12 (b) The commission may detain a shipment of
10-13 animals <livestock> or animal <livestock> products that is being
10-14 transported in violation of law or a rule of the commission. The
10-15 commission may require that the shipment be unloaded at the nearest
10-16 available loading facility.
10-17 (c) The commission may not inspect a railroad train at any
10-18 point other than a terminal.
10-19 (d) The commission may post signs on public highways and use
10-20 signaling devices, including red lights, in conjunction with signs,
10-21 if necessary to effectively signal and stop vehicles for
10-22 inspection.
10-23 (e) In this section, "animal <"livestock> product" includes
10-24 hides; bones; hoofs; horns; viscera; parts of animal bodies;
10-25 litter, straw, or hay used for bedding; and any other substance
10-26 capable of carrying insects or a disease that may endanger the
10-27 livestock industry.
11-1 SECTION 17. Sections 161.049(c), (d), and (e), Agriculture
11-2 Code, are amended to read as follows:
11-3 (c) The commission may require a livestock, exotic
11-4 livestock, <or> domestic fowl, or exotic fowl dealer to maintain
11-5 records of all livestock, exotic livestock, <or> domestic fowl, or
11-6 exotic fowl bought and sold <transactions handled> by the dealer.
11-7 (d) The commission may inspect and copy <conduct periodic
11-8 inspections of> the records of a livestock, exotic livestock, <or>
11-9 domestic fowl, or exotic fowl dealer that relate to the buying and
11-10 selling of those animals <livestock or domestic fowl transactions>.
11-11 (e) The commission by rule shall <may> adopt the form and
11-12 content of the records maintained by a <livestock or domestic fowl>
11-13 dealer under Subsection (c) of this section.
11-14 SECTION 18. Subchapter C, Chapter 161, Agriculture Code, is
11-15 amended by adding Sections 161.053 and 161.054 to read as follows:
11-16 Sec. 161.053. COOPERATIVE AGREEMENTS. The commission may
11-17 enter into a cooperative agreement with the department to use for
11-18 animal health purposes livestock export pens controlled by the
11-19 department.
11-20 Sec. 161.054. IDENTIFICATION OF EXOTIC ANIMALS. The
11-21 commission may adopt rules to establish a standard method for
11-22 identifying and tracking exotic livestock and exotic fowl.
11-23 SECTION 19. Section 161.061(b), Agriculture Code, is amended
11-24 to read as follows:
11-25 (b) If the commission determines that a disease listed in
11-26 Section 161.041 of this code or an agency of transmission of one of
11-27 those diseases exists in a place in this state or among livestock,
12-1 exotic livestock, domestic animals, <or> domestic fowl, or exotic
12-2 fowl, or that a place in this state or livestock, exotic livestock,
12-3 domestic animals, <or> domestic fowl, or exotic fowl are exposed
12-4 to one of those diseases or an agency of transmission of one of
12-5 those diseases, the commission shall establish a quarantine on the
12-6 affected animals <livestock, domestic animals, or domestic fowl,>
12-7 or on the affected place. The quarantine of an affected place may
12-8 extend to any affected area, including a county, district, pasture,
12-9 lot, ranch, farm, field, range, thoroughfare, building, stable, or
12-10 stockyard pen.
12-11 SECTION 20. Section 161.081(a), Agriculture Code, is amended
12-12 to read as follows:
12-13 (a) The commission by rule may regulate the movement,
12-14 including movement by a railroad company or other common carrier,
12-15 of livestock, exotic livestock, domestic animals, <or> domestic
12-16 fowl, or exotic fowl into this state from another state, territory,
12-17 or country.
12-18 SECTION 21. Section 161.101, Agriculture Code, is amended by
12-19 amending Subsection (a) and adding Subsection (c) to read as
12-20 follows:
12-21 (a) A veterinarian shall report the existence of the
12-22 following diseases among livestock, exotic livestock, <or> domestic
12-23 fowl, or exotic fowl to the commission within 24 hours after
12-24 diagnosis:
12-25 (1) anthrax;
12-26 (2) brucellosis;
12-27 (3) foot-and-mouth disease;
13-1 (4) hog cholera;
13-2 (5) laryngo tracheitis;
13-3 (6) ornithosis;
13-4 (7) piroplasmosis;
13-5 (8) pseudorabies;
13-6 (9) pullorum;
13-7 (10) scabies;
13-8 (11) scrapie;
13-9 (12) typhimurium;
13-10 (13) typhoid;
13-11 (14) vesicular exanthema; or
13-12 (15) vesicular stomatitis.
13-13 (c) If the animals subject to reporting requirements under
13-14 this section are exotic livestock or exotic fowl, the veterinarian,
13-15 in addition to reporting information required by Subsections (a)
13-16 and (b), shall report to the commission information relating to:
13-17 (1) the name and address of the owner of the animal
13-18 involved; and
13-19 (2) the location of the animal involved.
13-20 SECTION 22. Section 161.111, Agriculture Code, is amended to
13-21 read as follows:
13-22 Sec. 161.111. Definition. In this subchapter, "livestock
13-23 market" means a stockyard, sales pavilion, or sales ring where
13-24 livestock, exotic livestock, or exotic fowl are assembled or
13-25 concentrated at regular or irregular intervals for sale, trade,
13-26 barter, or exchange.
13-27 SECTION 23. Section 161.112, Agriculture Code, is amended to
14-1 read as follows:
14-2 Sec. 161.112. RULES. (a) Following notice and public
14-3 hearing, the commission shall adopt rules relating to the movement
14-4 of livestock, exotic livestock, and exotic fowl from livestock
14-5 markets and shall require tests, immunization, and dipping of those
14-6 livestock as necessary to protect against the spread of
14-7 communicable diseases.
14-8 (b) Following notice and public hearing, the commission may
14-9 adopt rules requiring permits for moving exotic livestock and
14-10 exotic fowl from livestock markets as necessary to protect against
14-11 the spread of communicable diseases.
14-12 SECTION 24. Section 161.136(a), Agriculture Code, is amended
14-13 to read as follows:
14-14 (a) A person commits an offense if, without a certificate
14-15 required by rule of the commission under Section 161.043 of this
14-16 code, the person:
14-17 (1) enters livestock, exotic livestock, domestic
14-18 animals, <or> domestic fowl, or exotic fowl into an exhibition,
14-19 show, or fair; or
14-20 (2) brings livestock, exotic livestock, domestic
14-21 animals, <or> domestic fowl, or exotic fowl on the grounds of an
14-22 exhibition, show, or fair for the purpose of entering.
14-23 SECTION 25. Section 161.139(a), Agriculture Code, is amended
14-24 to read as follows:
14-25 (a) A person commits an offense if the person:
14-26 (1) refuses to permit inspection of animals
14-27 <livestock> under Section 161.048 of this code; or
15-1 (2) fails to stop a truck, trailer, wagon, or
15-2 automobile suspected of carrying animals <livestock> or animal
15-3 <livestock> products if requested or signaled to do so by an agent
15-4 of the commission.
15-5 SECTION 26. Section 161.140, Agriculture Code, is amended to
15-6 read as follows:
15-7 Sec. 161.140. REFUSAL TO PERMIT EXAMINATION OF ANIMAL
15-8 <LIVESTOCK> OR CARCASS. (a) A person commits an offense if the
15-9 person:
15-10 (1) refuses to allow the commission or an agent of the
15-11 commission to examine an animal <livestock> or all or part of an
15-12 animal <a livestock> carcass that is owned by or possessed by the
15-13 person and that the commission or agent has reason to believe is
15-14 affected by a communicable disease; or
15-15 (2) hinders or obstructs the commission or its agent
15-16 in an examination under Subdivision (1) of this subsection.
15-17 (b) An offense under this section is a Class C misdemeanor
15-18 unless it is shown on the trial of the offense that the defendant
15-19 has been previously convicted under this section, in which event
15-20 the offense is a Class B misdemeanor.
15-21 SECTION 27. Sections 161.141(a) and (b), Agriculture Code,
15-22 are amended to read as follows:
15-23 (a) A person commits an offense if the person violates
15-24 Section 161.065(a)(1) or (a)(2) of this code or, as owner or
15-25 caretaker of the livestock, exotic livestock, domestic animals,
15-26 <or> domestic fowl, or exotic fowl, the person permits movement in
15-27 violation of Section 161.065(a)(1) or (a)(2) of this code. Except
16-1 as provided by Subsection (c) or (d) of this section, an offense
16-2 under this subsection is a Class C misdemeanor for each animal
16-3 moved in violation of the quarantine unless it is shown on the
16-4 trial of the offense that the defendant has been previously
16-5 convicted under this section, in which event the offense is a Class
16-6 B misdemeanor.
16-7 (b) A person commits an offense if the person violates
16-8 Section 161.065(a)(3) of this code or, as owner or caretaker of the
16-9 commodities or animals, the person permits movement in violation of
16-10 Section 161.065(a)(3) of this code. Except as provided by
16-11 Subsection (c) or (d) of this section, an offense under this
16-12 subsection is a Class C misdemeanor for each animal or shipment of
16-13 commodities moved in violation of the quarantine unless it is shown
16-14 on the trial of the offense that the defendant has been previously
16-15 convicted under this section, in which event the offense is a Class
16-16 B misdemeanor.
16-17 SECTION 28. Subchapter H, Chapter 161, Agriculture Code, is
16-18 amended by adding Section 161.148 to read as follows:
16-19 Sec. 161.148. ADMINISTRATIVE PENALTY. (a) The commission
16-20 may impose an administrative penalty against a person who violates
16-21 a rule or order adopted under this subtitle.
16-22 (b) The penalty for a violation may be in an amount not to
16-23 exceed $1,000. Each day a violation continues or occurs is a
16-24 separate violation for purposes of imposing a penalty.
16-25 (c) The amount of the penalty shall be based on:
16-26 (1) the seriousness of the violation, including the
16-27 nature, circumstances, extent, and gravity of any prohibited acts,
17-1 and the hazard or potential hazard created to the health, safety,
17-2 or economic welfare of the public;
17-3 (2) the economic harm to property or the environment
17-4 caused by the violation;
17-5 (3) the history of previous violations;
17-6 (4) the amount necessary to deter future violations;
17-7 (5) efforts to correct the violation; and
17-8 (6) any other matter that justice may require.
17-9 (d) An executive director who determines that a violation
17-10 has occurred may issue to the commission a report that states the
17-11 facts on which the determination is based and the director's
17-12 recommendation on the imposition of a penalty, including a
17-13 recommendation on the amount of the penalty.
17-14 (e) Within 14 days after the date the report is issued, the
17-15 executive director shall give written notice of the report to the
17-16 person. The notice may be given by certified mail. The notice
17-17 must include a brief summary of the alleged violation and a
17-18 statement of the amount of the recommended penalty and must inform
17-19 the person that the person has a right to a hearing on the
17-20 occurrence of the violation, the amount of the penalty, or both the
17-21 occurrence of the violation and the amount of the penalty.
17-22 (f) Within 20 days after the date the person receives the
17-23 notice, the person in writing may accept the determination and
17-24 recommended penalty of the executive director or may make a written
17-25 request for a hearing on the occurrence of the violation, the
17-26 amount of the penalty, or both the occurrence of the violation and
17-27 the amount of the penalty.
18-1 (g) If the person accepts the determination and recommended
18-2 penalty of the executive director, the commission by order shall
18-3 approve the determination and impose the recommended penalty.
18-4 (h) If the person requests a hearing or fails to respond
18-5 timely to the notice, the executive director shall set a hearing
18-6 and give notice of the hearing to the person. The hearing shall be
18-7 held by an administrative law judge of the State Office of
18-8 Administrative Hearings. The administrative law judge shall make
18-9 findings of fact and conclusions of law and promptly issue to the
18-10 commission a proposal for a decision about the occurrence of the
18-11 violation and the amount of a proposed penalty. Based on the
18-12 findings of fact, conclusions of law, and proposal for a decision,
18-13 the commission by order may find that a violation has occurred and
18-14 impose a penalty or may find that no violation occurred.
18-15 (i) The notice of the commission's order given to the person
18-16 under Chapter 2001, Government Code, must include a statement of
18-17 the right of the person to judicial review of the order.
18-18 (j) Within 30 days after the date the commission's order
18-19 becomes final as provided by Section 2001.144, Government Code, the
18-20 person shall:
18-21 (1) pay the amount of the penalty;
18-22 (2) pay the amount of the penalty and file a petition
18-23 for judicial review contesting the occurrence of the violation, the
18-24 amount of the penalty, or both the occurrence of the violation and
18-25 the amount of the penalty; or
18-26 (3) without paying the amount of the penalty, file a
18-27 petition for judicial review contesting the occurrence of the
19-1 violation, the amount of the penalty, or both the occurrence of the
19-2 violation and the amount of the penalty.
19-3 (k) Within the 30-day period, a person who acts under
19-4 Subsection (j)(3) of this section may:
19-5 (1) stay enforcement of the penalty by:
19-6 (A) paying the amount of the penalty to the
19-7 court for placement in an escrow account; or
19-8 (B) giving to the court a supersedeas bond that
19-9 is approved by the court for the amount of the penalty and that is
19-10 effective until all judicial review of the board's order is final;
19-11 or
19-12 (2) request the court to stay enforcement of the
19-13 penalty by:
19-14 (A) filing with the court a sworn affidavit of
19-15 the person stating that the person is financially unable to pay the
19-16 amount of the penalty and is financially unable to give the
19-17 supersedeas bond; and
19-18 (B) giving a copy of the affidavit to the
19-19 executive director by certified mail.
19-20 (l) An executive director who receives a copy of an
19-21 affidavit under Subsection (k)(2) of this section may file with the
19-22 court, within five days after the date the copy is received, a
19-23 contest to the affidavit. The court shall hold a hearing on the
19-24 facts alleged in the affidavit as soon as practicable and shall
19-25 stay the enforcement of the penalty on finding that the alleged
19-26 facts are true. The person who files an affidavit has the burden
19-27 of proving that the person is financially unable to pay the amount
20-1 of the penalty and to give a supersedeas bond.
20-2 (m) If the person does not pay the amount of the penalty and
20-3 the enforcement of the penalty is not stayed, the executive
20-4 director may refer the matter to the attorney general for
20-5 collection of the amount of the penalty.
20-6 (n) Judicial review of the order of the commission:
20-7 (1) is instituted by filing a petition as provided by
20-8 Subchapter G, Chapter 2001, Government Code; and
20-9 (2) is under the substantial evidence rule.
20-10 (o) If the court sustains the occurrence of the violation,
20-11 the court may uphold or reduce the amount of the penalty and order
20-12 the person to pay the full or reduced amount of the penalty. If
20-13 the court does not sustain the occurrence of the violation, the
20-14 court shall order that no penalty is owed.
20-15 (p) When the judgment of the court becomes final, the court
20-16 shall proceed under this subsection. If the person paid the amount
20-17 of the penalty and if that amount is reduced or is not upheld by
20-18 the court, the court shall order that the appropriate amount plus
20-19 accrued interest be remitted to the person. The rate of the
20-20 interest is the rate charged on loans to depository institutions by
20-21 the New York Federal Reserve Bank, and the interest shall be paid
20-22 for the period beginning on the date the penalty was paid and
20-23 ending on the date the penalty is remitted. If the person gave a
20-24 supersedeas bond and if the amount of the penalty is not upheld by
20-25 the court, the court shall order the release of the bond. If the
20-26 person gave a supersedeas bond and if the amount of the penalty is
20-27 reduced, the court shall order the release of the bond after the
21-1 person pays the amount.
21-2 (q) A penalty collected under this section shall be remitted
21-3 to the comptroller for deposit in the general revenue fund.
21-4 (r) All proceedings under this section are subject to
21-5 Chapter 2001, Government Code.
21-6 SECTION 29. Section 164.006, Agriculture Code, is amended to
21-7 read as follows:
21-8 Sec. 164.006. ACTIONS OF COMMISSION <CHAIRMAN>. The
21-9 presiding officer <chairman> of the commission may perform any act
21-10 or duty of the commission under this chapter.
21-11 SECTION 30. Section 164.021(b), Agriculture Code, is amended
21-12 to read as follows:
21-13 (b) An order of the commission under this section must be
21-14 signed by the commission or the presiding officer <chairman> of the
21-15 commission and must contain the following:
21-16 (1) the date of issuance;
21-17 (2) the name of the person to whom the order is made;
21-18 (3) the approximate location of the premises on which
21-19 the animals are located;
21-20 (4) the county in which the premises are located;
21-21 (5) a statement in clear and intelligible language
21-22 that the sheep or cattle that the person owns, controls, or cares
21-23 for are infected with or exposed to scabies;
21-24 (6) an order directing the person to dip the animals,
21-25 under the supervision of an inspector and in the manner prescribed
21-26 by the commission, in a dipping solution provided by this chapter
21-27 or in a designated solution approved for that purpose by rule of
22-1 the commission; and
22-2 (7) a designation of the date, time, and place that
22-3 the dipping is to occur.
22-4 SECTION 31. Sections 164.022(a) and (b), Agriculture Code,
22-5 are amended to read as follows:
22-6 (a) Not later than the fifth day following the day on which
22-7 a person receives an order to dip cattle or sheep, the person may
22-8 file with the commission or the presiding officer <chairman> of the
22-9 commission a written affidavit that:
22-10 (1) denies that the animals are subject to being
22-11 dipped under this chapter, or states that, for good and sufficient
22-12 reason set out in the affidavit, the person is entitled to have the
22-13 order rescinded or the dipping postponed; and
22-14 (2) requests that the commission withhold enforcement
22-15 of the order and grant a hearing on the matter or investigate the
22-16 matter as necessary to determine the correctness of the statement
22-17 contained in the affidavit.
22-18 (b) Not later than the fifth day following the day on which
22-19 the commission receives an affidavit under Subsection (a) of this
22-20 section, the commission shall, if desired by the affiant, grant the
22-21 affiant a hearing in the office of the presiding officer
22-22 <chairman>. The commission shall give the affiant notice of the
22-23 hearing by telegram or registered mail and shall hold the hearing
22-24 not earlier than the fourth day following the day of giving that
22-25 notice.
22-26 SECTION 32. Section 167.052(a), Agriculture Code, is amended
22-27 to read as follows:
23-1 (a) The commission may order the owner, part owner, or
23-2 caretaker of livestock to dip the livestock in accordance with the
23-3 directions of the commission. The order must be dated, in writing,
23-4 and signed or stamped with the signature of the commission or the
23-5 presiding officer of the commission <chairman>.
23-6 SECTION 33. Section 167.059(c), Agriculture Code, is amended
23-7 to read as follows:
23-8 (c) For the purpose of acquiring necessary land for the
23-9 construction or maintenance of dipping facilities, for the purpose
23-10 of acquiring dipping facilities that have already been constructed,
23-11 or for the purpose of acquiring land necessary for ingress and
23-12 egress to and from those facilities, a commissioners court has the
23-13 power of eminent domain. The commissioners court shall exercise
23-14 the power of eminent domain in the manner provided by law for
23-15 acquiring land for the building and maintenance of public
23-16 buildings, except that the court shall institute and prosecute
23-17 condemnation proceedings on written request from the presiding
23-18 officer <chairman> of the commission. The request from the
23-19 commission shall designate:
23-20 (1) the land to be condemned and its location;
23-21 (2) the name of the owner of the land to be condemned;
23-22 and
23-23 (3) the easement to be acquired for ingress and
23-24 egress.
23-25 SECTION 34. Section 167.109(a), Agriculture Code, is amended
23-26 to read as follows:
23-27 (a) A copy of a written instrument issued by the commission
24-1 is admissible as evidence in any court of this state if the copy is
24-2 certified by the presiding officer <chairman> of the commission.
24-3 SECTION 35. (a) The change in law made by this Act by the
24-4 addition of Section 161.021(d), Agriculture Code, applies only to a
24-5 public member appointed on or after September 1, 1995. A public
24-6 member appointed before that date is governed by the law in effect
24-7 when the appointment was made, and the former law is continued in
24-8 effect for that purpose.
24-9 (b) The change in law made by this Act by the addition of
24-10 Section 161.023, Agriculture Code, applies only to a member of the
24-11 commission who takes office on or after September 1, 1995. A
24-12 member of the commission who takes office before that date is
24-13 governed by the law in effect when the member took office, and the
24-14 former law is continued in effect for that purpose.
24-15 (c) The change in law made by Sections 24, 25, 26, and 27 of
24-16 this Act apply only to an offense committed on or after the
24-17 effective date of this Act. For purposes of this section, an
24-18 offense is committed before the effective date of this Act if any
24-19 element of the offense occurs before the effective date. An
24-20 offense committed before the effective date of this Act is covered
24-21 by the law in effect when the offense was committed, and the former
24-22 law is continued in effect for that purpose.
24-23 SECTION 36. This Act takes effect September 1, 1995.
24-24 SECTION 37. The importance of this legislation and the
24-25 crowded condition of the calendars in both houses create an
24-26 emergency and an imperative public necessity that the
24-27 constitutional rule requiring bills to be read on three several
25-1 days in each house be suspended, and this rule is hereby suspended.