By Sims S.B. No. 370
74R4069 PAM-D
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. Subchapter C, Chapter 161, Agriculture Code, is
9-25 amended by adding Section 161.0411 to read as follows:
9-26 Sec. 161.0411. FEES FOR DISEASE-CONTROL PROGRAMS. (a) The
9-27 commission may set and collect fees as necessary to recover the
10-1 cost of administering disease-control programs.
10-2 (b) The commission shall submit to the legislature with the
10-3 commission's appropriations request a fee schedule for recovering
10-4 costs of services provided by the commission.
10-5 (c) The commission may exempt specific programs from the
10-6 cost-recovery requirements of this section.
10-7 SECTION 17. Section 161.048, Agriculture Code, is amended to
10-8 read as follows:
10-9 Sec. 161.048. INSPECTION OF SHIPMENT OF ANIMALS <LIVESTOCK>
10-10 OR ANIMAL <LIVESTOCK> PRODUCTS. (a) An agent of the commission is
10-11 entitled to stop and inspect a shipment of animals <livestock> or
10-12 animal <livestock> products being transported in this state in
10-13 order to:
10-14 (1) determine if the shipment is in compliance with
10-15 the laws and rules administered by the commission affecting the
10-16 shipment;
10-17 (2) determine if the shipment originated from a
10-18 quarantined area or herd; or
10-19 (3) determine if the shipment presents a danger to the
10-20 public health or livestock industry through insect infestation or
10-21 through a communicable or noncommunicable disease.
10-22 (b) The commission may detain a shipment of
10-23 animals <livestock> or animal <livestock> products that is being
10-24 transported in violation of law or a rule of the commission. The
10-25 commission may require that the shipment be unloaded at the nearest
10-26 available loading facility.
10-27 (c) The commission may not inspect a railroad train at any
11-1 point other than a terminal.
11-2 (d) The commission may post signs on public highways and use
11-3 signaling devices, including red lights, in conjunction with signs,
11-4 if necessary to effectively signal and stop vehicles for
11-5 inspection.
11-6 (e) In this section, "animal <"livestock> product" includes
11-7 hides; bones; hoofs; horns; viscera; parts of animal bodies;
11-8 litter, straw, or hay used for bedding; and any other substance
11-9 capable of carrying insects or a disease that may endanger the
11-10 livestock industry.
11-11 SECTION 18. Sections 161.049(c), (d), and (e), Agriculture
11-12 Code, are amended to read as follows:
11-13 (c) The commission may require a livestock, exotic
11-14 livestock, <or> domestic fowl, or exotic fowl dealer to maintain
11-15 records of all livestock, exotic livestock, <or> domestic fowl, or
11-16 exotic fowl bought and sold <transactions handled> by the dealer.
11-17 A dealer required to register under Section 161.0491 shall include
11-18 the dealer's registration number on all transaction records the
11-19 commission requires the dealer to maintain.
11-20 (d) The commission may inspect and copy <conduct periodic
11-21 inspections of> the records of a livestock, exotic livestock, <or>
11-22 domestic fowl, or exotic fowl dealer that relate to the buying and
11-23 selling of those animals <livestock or domestic fowl transactions>.
11-24 (e) The commission by rule shall <may> adopt the form and
11-25 content of the records maintained by a <livestock or domestic fowl>
11-26 dealer under Subsection (c) of this section.
11-27 SECTION 19. Subchapter C, Chapter 161, Agriculture Code, is
12-1 amended by adding Section 161.0491 to read as follows:
12-2 Sec. 161.0491. DEALER REGISTRATION. (a) To protect public
12-3 health, safety, or welfare, the commission by rule may:
12-4 (1) establish a definition of "dealer" for purposes of
12-5 this section; and
12-6 (2) require a dealer to register with the commission.
12-7 (b) If the commission requires a dealer to register, a
12-8 dealer may not buy or sell livestock, exotic livestock, or exotic
12-9 fowl unless the dealer is registered with the commission.
12-10 (c) To register under this section, a dealer must provide
12-11 the commission with:
12-12 (1) the dealer's business address; and
12-13 (2) proof of identification in a form determined by
12-14 the commission.
12-15 (d) A dealer shall notify the commission of any change in
12-16 the information required to be provided under this section.
12-17 (e) The commission shall:
12-18 (1) assign each dealer a unique registration number;
12-19 and
12-20 (2) set and collect a fee sufficient to recover the
12-21 cost of registration.
12-22 (f) The commission may revoke a dealer's registration if the
12-23 dealer:
12-24 (1) provides false registration information to the
12-25 commission; or
12-26 (2) knowingly or intentionally falsifies records
12-27 required to be maintained under Section 161.049.
13-1 SECTION 20. Subchapter C, Chapter 161, Agriculture Code, is
13-2 amended by adding Sections 161.053 and 161.054 to read as follows:
13-3 Sec. 161.053. COOPERATIVE AGREEMENTS. The commission may
13-4 enter into a cooperative agreement with the department to use for
13-5 animal health purposes livestock export pens controlled by the
13-6 department.
13-7 Sec. 161.054. IDENTIFICATION OF EXOTIC ANIMALS. The
13-8 commission may adopt rules to establish a standard method for
13-9 identifying and tracking exotic livestock and exotic fowl.
13-10 SECTION 21. Section 161.061(b), Agriculture Code, is amended
13-11 to read as follows:
13-12 (b) If the commission determines that a disease listed in
13-13 Section 161.041 of this code or an agency of transmission of one of
13-14 those diseases exists in a place in this state or among livestock,
13-15 exotic livestock, domestic animals, <or> domestic fowl, or exotic
13-16 fowl, or that a place in this state or livestock, exotic livestock,
13-17 domestic animals, <or> domestic fowl, or exotic fowl are exposed
13-18 to one of those diseases or an agency of transmission of one of
13-19 those diseases, the commission shall establish a quarantine on the
13-20 affected animals <livestock, domestic animals, or domestic fowl,>
13-21 or on the affected place. The quarantine of an affected place may
13-22 extend to any affected area, including a county, district, pasture,
13-23 lot, ranch, farm, field, range, thoroughfare, building, stable, or
13-24 stockyard pen.
13-25 SECTION 22. Section 161.081(a), Agriculture Code, is amended
13-26 to read as follows:
13-27 (a) The commission by rule may regulate the movement,
14-1 including movement by a railroad company or other common carrier,
14-2 of livestock, exotic livestock, domestic animals, <or> domestic
14-3 fowl, or exotic fowl into this state from another state, territory,
14-4 or country.
14-5 SECTION 23. Section 161.101, Agriculture Code, is amended by
14-6 amending Subsection (a) and adding Subsection (c) to read as
14-7 follows:
14-8 Sec. 161.101. Duty to Report. (a) A veterinarian shall
14-9 report the existence of the following diseases among livestock,
14-10 exotic livestock, <or> domestic fowl, or exotic fowl to the
14-11 commission within 24 hours after diagnosis:
14-12 (1) anthrax;
14-13 (2) brucellosis;
14-14 (3) foot-and-mouth disease;
14-15 (4) hog cholera;
14-16 (5) laryngo tracheitis;
14-17 (6) ornithosis;
14-18 (7) piroplasmosis;
14-19 (8) pseudorabies;
14-20 (9) pullorum;
14-21 (10) scabies;
14-22 (11) scrapie;
14-23 (12) typhimurium;
14-24 (13) typhoid;
14-25 (14) vesicular exanthema; or
14-26 (15) vesicular stomatitis.
14-27 (c) If the animals subject to reporting requirements under
15-1 this section are exotic livestock or exotic fowl, the veterinarian,
15-2 in addition to reporting information required by Subsections (a)
15-3 and (b), shall report to the commission information relating to:
15-4 (1) the name and address of the owner of the animal
15-5 involved; and
15-6 (2) the location of the animal involved.
15-7 SECTION 24. Section 161.111, Agriculture Code, is amended to
15-8 read as follows:
15-9 Sec. 161.111. Definition. In this subchapter, "livestock
15-10 market" means a stockyard, sales pavilion, or sales ring where
15-11 livestock, exotic livestock, or exotic fowl are assembled or
15-12 concentrated at regular or irregular intervals for sale, trade,
15-13 barter, or exchange.
15-14 SECTION 25. Section 161.112, Agriculture Code, is amended to
15-15 read as follows:
15-16 Sec. 161.112. RULES. (a) Following notice and public
15-17 hearing, the commission shall adopt rules relating to the movement
15-18 of livestock, exotic livestock, and exotic fowl from livestock
15-19 markets and shall require tests, immunization, and dipping of those
15-20 livestock as necessary to protect against the spread of
15-21 communicable diseases.
15-22 (b) Following notice and public hearing, the commission may
15-23 adopt rules requiring permits for moving exotic livestock and
15-24 exotic fowl from livestock markets as necessary to protect against
15-25 the spread of communicable diseases.
15-26 SECTION 26. Section 161.136(a), Agriculture Code, is amended
15-27 to read as follows:
16-1 (a) A person commits an offense if, without a certificate
16-2 required by rule of the commission under Section 161.043 of this
16-3 code, the person:
16-4 (1) enters livestock, exotic livestock, domestic
16-5 animals, <or> domestic fowl, or exotic fowl into an exhibition,
16-6 show, or fair; or
16-7 (2) brings livestock, exotic livestock, domestic
16-8 animals, <or> domestic fowl, or exotic fowl on the grounds of an
16-9 exhibition, show, or fair for the purpose of entering.
16-10 SECTION 27. Section 161.139(a), Agriculture Code, is amended
16-11 to read as follows:
16-12 (a) A person commits an offense if the person:
16-13 (1) refuses to permit inspection of animals
16-14 <livestock> under Section 161.048 of this code; or
16-15 (2) fails to stop a truck, trailer, wagon, or
16-16 automobile suspected of carrying animals <livestock> or animal
16-17 <livestock> products if requested or signaled to do so by an agent
16-18 of the commission.
16-19 SECTION 28. Section 161.140, Agriculture Code, is amended to
16-20 read as follows:
16-21 Sec. 161.140. REFUSAL TO PERMIT EXAMINATION OF ANIMAL
16-22 <LIVESTOCK> OR CARCASS. (a) A person commits an offense if the
16-23 person:
16-24 (1) refuses to allow the commission or an agent of the
16-25 commission to examine an animal <livestock> or all or part of an
16-26 animal <a livestock> carcass that is owned by or possessed by the
16-27 person and that the commission or agent has reason to believe is
17-1 affected by a communicable disease; or
17-2 (2) hinders or obstructs the commission or its agent
17-3 in an examination under Subdivision (1) of this subsection.
17-4 (b) An offense under this section is a Class C misdemeanor
17-5 unless it is shown on the trial of the offense that the defendant
17-6 has been previously convicted under this section, in which event
17-7 the offense is a Class B misdemeanor.
17-8 SECTION 29. Sections 161.141(a) and (b), Agriculture Code,
17-9 are amended to read as follows:
17-10 (a) A person commits an offense if the person violates
17-11 Section 161.065(a)(1) or (a)(2) of this code or, as owner or
17-12 caretaker of the livestock, exotic livestock, domestic animals,
17-13 <or> domestic fowl, or exotic fowl, the person permits movement in
17-14 violation of Section 161.065(a)(1) or (a)(2) of this code. Except
17-15 as provided by Subsection (c) or (d) of this section, an offense
17-16 under this subsection is a Class C misdemeanor for each animal
17-17 moved in violation of the quarantine unless it is shown on the
17-18 trial of the offense that the defendant has been previously
17-19 convicted under this section, in which event the offense is a Class
17-20 B misdemeanor.
17-21 (b) A person commits an offense if the person violates
17-22 Section 161.065(a)(3) of this code or, as owner or caretaker of the
17-23 commodities or animals, the person permits movement in violation of
17-24 Section 161.065(a)(3) of this code. Except as provided by
17-25 Subsection (c) or (d) of this section, an offense under this
17-26 subsection is a Class C misdemeanor for each animal or shipment of
17-27 commodities moved in violation of the quarantine unless it is shown
18-1 on the trial of the offense that the defendant has been previously
18-2 convicted under this section, in which event the offense is a Class
18-3 B misdemeanor.
18-4 SECTION 30. Section 161.147, Agriculture Code, is amended to
18-5 read as follows:
18-6 Sec. 161.147. COMPLIANCE WITH <FAILURE TO MAINTAIN> DEALER
18-7 REGISTRATION AND RECORDKEEPING REQUIREMENTS <RECORDS>. (a) A
18-8 person commits an offense if the person fails to:
18-9 (1) maintain or permit the inspection of a record
18-10 required under Section 161.049 of this code; or
18-11 (2) comply with the registration requirements provided
18-12 by Section 161.0491 of this code.
18-13 (b) An offense under this section is a Class B misdemeanor.
18-14 SECTION 31. Subchapter H, Chapter 161, Agriculture Code, is
18-15 amended by adding Section 161.148 to read as follows:
18-16 Sec. 161.148. ADMINISTRATIVE PENALTY. (a) The commission
18-17 may impose an administrative penalty against a person who violates
18-18 a rule or order adopted under this subtitle.
18-19 (b) The penalty for a violation may be in an amount not to
18-20 exceed $1,000. Each day a violation continues or occurs is a
18-21 separate violation for purposes of imposing a penalty.
18-22 (c) The amount of the penalty shall be based on:
18-23 (1) the seriousness of the violation, including the
18-24 nature, circumstances, extent, and gravity of any prohibited acts,
18-25 and the hazard or potential hazard created to the health, safety,
18-26 or economic welfare of the public;
18-27 (2) the economic harm to property or the environment
19-1 caused by the violation;
19-2 (3) the history of previous violations;
19-3 (4) the amount necessary to deter future violations;
19-4 (5) efforts to correct the violation; and
19-5 (6) any other matter that justice may require.
19-6 (d) An executive director who determines that a violation
19-7 has occurred may issue to the commission a report that states the
19-8 facts on which the determination is based and the director's
19-9 recommendation on the imposition of a penalty, including a
19-10 recommendation on the amount of the penalty.
19-11 (e) Within 14 days after the date the report is issued, the
19-12 executive director shall give written notice of the report to the
19-13 person. The notice may be given by certified mail. The notice
19-14 must include a brief summary of the alleged violation and a
19-15 statement of the amount of the recommended penalty and must inform
19-16 the person that the person has a right to a hearing on the
19-17 occurrence of the violation, the amount of the penalty, or both the
19-18 occurrence of the violation and the amount of the penalty.
19-19 (f) Within 20 days after the date the person receives the
19-20 notice, the person in writing may accept the determination and
19-21 recommended penalty of the executive director or may make a written
19-22 request for a hearing on the occurrence of the violation, the
19-23 amount of the penalty, or both the occurrence of the violation and
19-24 the amount of the penalty.
19-25 (g) If the person accepts the determination and recommended
19-26 penalty of the executive director, the commission by order shall
19-27 approve the determination and impose the recommended penalty.
20-1 (h) If the person requests a hearing or fails to respond
20-2 timely to the notice, the executive director shall set a hearing
20-3 and give notice of the hearing to the person. The hearing shall be
20-4 held by an administrative law judge of the State Office of
20-5 Administrative Hearings. The administrative law judge shall make
20-6 findings of fact and conclusions of law and promptly issue to the
20-7 commission a proposal for a decision about the occurrence of the
20-8 violation and the amount of a proposed penalty. Based on the
20-9 findings of fact, conclusions of law, and proposal for a decision,
20-10 the commission by order may find that a violation has occurred and
20-11 impose a penalty or may find that no violation occurred.
20-12 (i) The notice of the commission's order given to the person
20-13 under Chapter 2001, Government Code, must include a statement of
20-14 the right of the person to judicial review of the order.
20-15 (j) Within 30 days after the date the commission's order
20-16 becomes final as provided by Section 2001.144, Government Code, the
20-17 person shall:
20-18 (1) pay the amount of the penalty;
20-19 (2) pay the amount of the penalty and file a petition
20-20 for judicial review contesting the occurrence of the violation, the
20-21 amount of the penalty, or both the occurrence of the violation and
20-22 the amount of the penalty; or
20-23 (3) without paying the amount of the penalty, file a
20-24 petition for judicial review contesting the occurrence of the
20-25 violation, the amount of the penalty, or both the occurrence of the
20-26 violation and the amount of the penalty.
20-27 (k) Within the 30-day period, a person who acts under
21-1 Subsection (j)(3) of this section may:
21-2 (1) stay enforcement of the penalty by:
21-3 (A) paying the amount of the penalty to the
21-4 court for placement in an escrow account; or
21-5 (B) giving to the court a supersedeas bond that
21-6 is approved by the court for the amount of the penalty and that is
21-7 effective until all judicial review of the board's order is final;
21-8 or
21-9 (2) request the court to stay enforcement of the
21-10 penalty by:
21-11 (A) filing with the court a sworn affidavit of
21-12 the person stating that the person is financially unable to pay the
21-13 amount of the penalty and is financially unable to give the
21-14 supersedeas bond; and
21-15 (B) giving a copy of the affidavit to the
21-16 executive director by certified mail.
21-17 (l) An executive director who receives a copy of an
21-18 affidavit under Subsection (k)(2) of this section may file with the
21-19 court, within five days after the date the copy is received, a
21-20 contest to the affidavit. The court shall hold a hearing on the
21-21 facts alleged in the affidavit as soon as practicable and shall
21-22 stay the enforcement of the penalty on finding that the alleged
21-23 facts are true. The person who files an affidavit has the burden
21-24 of proving that the person is financially unable to pay the amount
21-25 of the penalty and to give a supersedeas bond.
21-26 (m) If the person does not pay the amount of the penalty and
21-27 the enforcement of the penalty is not stayed, the executive
22-1 director may refer the matter to the attorney general for
22-2 collection of the amount of the penalty.
22-3 (n) Judicial review of the order of the commission:
22-4 (1) is instituted by filing a petition as provided by
22-5 Subchapter G, Chapter 2001, Government Code; and
22-6 (2) is under the substantial evidence rule.
22-7 (o) If the court sustains the occurrence of the violation,
22-8 the court may uphold or reduce the amount of the penalty and order
22-9 the person to pay the full or reduced amount of the penalty. If
22-10 the court does not sustain the occurrence of the violation, the
22-11 court shall order that no penalty is owed.
22-12 (p) When the judgment of the court becomes final, the court
22-13 shall proceed under this subsection. If the person paid the amount
22-14 of the penalty and if that amount is reduced or is not upheld by
22-15 the court, the court shall order that the appropriate amount plus
22-16 accrued interest be remitted to the person. The rate of the
22-17 interest is the rate charged on loans to depository institutions by
22-18 the New York Federal Reserve Bank, and the interest shall be paid
22-19 for the period beginning on the date the penalty was paid and
22-20 ending on the date the penalty is remitted. If the person gave a
22-21 supersedeas bond and if the amount of the penalty is not upheld by
22-22 the court, the court shall order the release of the bond. If the
22-23 person gave a supersedeas bond and if the amount of the penalty is
22-24 reduced, the court shall order the release of the bond after the
22-25 person pays the amount.
22-26 (q) A penalty collected under this section shall be remitted
22-27 to the comptroller for deposit in the general revenue fund.
23-1 (r) All proceedings under this section are subject to
23-2 Chapter 2001, Government Code.
23-3 SECTION 32. Section 164.006, Agriculture Code, is amended to
23-4 read as follows:
23-5 Sec. 164.006. ACTIONS OF COMMISSION <CHAIRMAN>. The
23-6 presiding officer <chairman> of the commission may perform any act
23-7 or duty of the commission under this chapter.
23-8 SECTION 33. Section 164.021(b), Agriculture Code, is amended
23-9 to read as follows:
23-10 (b) An order of the commission under this section must be
23-11 signed by the commission or the presiding officer <chairman> of the
23-12 commission and must contain the following:
23-13 (1) the date of issuance;
23-14 (2) the name of the person to whom the order is made;
23-15 (3) the approximate location of the premises on which
23-16 the animals are located;
23-17 (4) the county in which the premises are located;
23-18 (5) a statement in clear and intelligible language
23-19 that the sheep or cattle that the person owns, controls, or cares
23-20 for are infected with or exposed to scabies;
23-21 (6) an order directing the person to dip the animals,
23-22 under the supervision of an inspector and in the manner prescribed
23-23 by the commission, in a dipping solution provided by this chapter
23-24 or in a designated solution approved for that purpose by rule of
23-25 the commission; and
23-26 (7) a designation of the date, time, and place that
23-27 the dipping is to occur.
24-1 SECTION 34. Sections 164.022(a) and (b), Agriculture Code,
24-2 are amended to read as follows:
24-3 (a) Not later than the fifth day following the day on which
24-4 a person receives an order to dip cattle or sheep, the person may
24-5 file with the commission or the presiding officer <chairman> of the
24-6 commission a written affidavit that:
24-7 (1) denies that the animals are subject to being
24-8 dipped under this chapter, or states that, for good and sufficient
24-9 reason set out in the affidavit, the person is entitled to have the
24-10 order rescinded or the dipping postponed; and
24-11 (2) requests that the commission withhold enforcement
24-12 of the order and grant a hearing on the matter or investigate the
24-13 matter as necessary to determine the correctness of the statement
24-14 contained in the affidavit.
24-15 (b) Not later than the fifth day following the day on which
24-16 the commission receives an affidavit under Subsection (a) of this
24-17 section, the commission shall, if desired by the affiant, grant the
24-18 affiant a hearing in the office of the presiding officer
24-19 <chairman>. The commission shall give the affiant notice of the
24-20 hearing by telegram or registered mail and shall hold the hearing
24-21 not earlier than the fourth day following the day of giving that
24-22 notice.
24-23 SECTION 35. Section 167.052(a), Agriculture Code, is amended
24-24 to read as follows:
24-25 (a) The commission may order the owner, part owner, or
24-26 caretaker of livestock to dip the livestock in accordance with the
24-27 directions of the commission. The order must be dated, in writing,
25-1 and signed or stamped with the signature of the commission or the
25-2 presiding officer of the commission <chairman>.
25-3 SECTION 36. Section 167.059(c), Agriculture Code, is amended
25-4 to read as follows:
25-5 (c) For the purpose of acquiring necessary land for the
25-6 construction or maintenance of dipping facilities, for the purpose
25-7 of acquiring dipping facilities that have already been constructed,
25-8 or for the purpose of acquiring land necessary for ingress and
25-9 egress to and from those facilities, a commissioners court has the
25-10 power of eminent domain. The commissioners court shall exercise
25-11 the power of eminent domain in the manner provided by law for
25-12 acquiring land for the building and maintenance of public
25-13 buildings, except that the court shall institute and prosecute
25-14 condemnation proceedings on written request from the presiding
25-15 officer <chairman> of the commission. The request from the
25-16 commission shall designate:
25-17 (1) the land to be condemned and its location;
25-18 (2) the name of the owner of the land to be condemned;
25-19 and
25-20 (3) the easement to be acquired for ingress and
25-21 egress.
25-22 SECTION 37. Section 167.109(a), Agriculture Code, is amended
25-23 to read as follows:
25-24 (a) A copy of a written instrument issued by the commission
25-25 is admissible as evidence in any court of this state if the copy is
25-26 certified by the presiding officer <chairman> of the commission.
25-27 SECTION 38. Section 163.003, Agriculture Code, is repealed.
26-1 SECTION 39. (a) The change in law made by this Act by the
26-2 addition of Section 161.021(d), Agriculture Code, applies only to a
26-3 public member appointed on or after September 1, 1995. A public
26-4 member appointed before that date is governed by the law in effect
26-5 when the appointment was made, and the former law is continued in
26-6 effect for that purpose.
26-7 (b) The change in law made by this Act by the addition of
26-8 Section 161.023, Agriculture Code, applies only to a member of the
26-9 commission who takes office on or after September 1, 1995. A
26-10 member of the commission who takes office before that date is
26-11 governed by the law in effect when the member took office, and the
26-12 former law is continued in effect for that purpose.
26-13 (c) The change in law made by Sections 26, 27, 28, 29, and
26-14 30 of this Act apply only to an offense committed on or after the
26-15 effective date of this Act. For purposes of this section, an
26-16 offense is committed before the effective date of this Act if any
26-17 element of the offense occurs before the effective date. An
26-18 offense committed before the effective date of this Act is covered
26-19 by the law in effect when the offense was committed, and the former
26-20 law is continued in effect for that purpose.
26-21 SECTION 40. This Act takes effect September 1, 1995.
26-22 SECTION 41. The importance of this legislation and the
26-23 crowded condition of the calendars in both houses create an
26-24 emergency and an imperative public necessity that the
26-25 constitutional rule requiring bills to be read on three several
26-26 days in each house be suspended, and this rule is hereby suspended.