DME S.B. 1465 75(R)BILL ANALYSIS


AGRICULTURE & LIVESTOCK
S.B. 1465
By: Brown (Patterson, L.P. "Pete")
4-29-97
Committee Report (Substituted)



BACKGROUND 

The Texas Animal Health Commission (Commission) has the 
responsibility for control of 
disease in livestock.  As part of its disease surveillance 
effort, the Commission has authority to 
require slaughter plants to collect and submit blood samples for 
bovine (cattle) brucellosis 
testing.  This authority to require collection and submission of 
samples is not currently available 
for diseases other than bovine brucellosis or for diagnostic 
samples other than blood.

Current statutes limit bovine tuberculosis indemnity for infected 
and exposed animals of up to 
$35 per grade animals and $70 for purebred animals.  This 
limitation sets compensation for these 
cattle at far below market value.  Currently, the Commission has 
the authority to set indemnity 
for animals destroyed because of swine or bovine brucellosis 
infection or exposure.
 
PURPOSE

This legislation allows the Commission to  require slaughter 
plants to collect and submit blood 
samples and other diagnostic samples for disease testing, and it 
allows the Commission to set by 
rule the amount of indemnity that may be paid for tuberculosis 
infected and exposed animals.   

RULEMAKING AUTHORITY

It is the committee's opinion that this bill grants additional 
rulemaking authority to the Texas 
Animal Health Commission in SECTION 1[Section 161.055(b)] 
regarding slaughter plant 
collection and SECTION 2[Section 162.008(b)] regarding 
tuberculosis indemnity compensation.

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter C, Chapter 161, Agriculture Code, 
by adding Section 161.055, 
which allows the Commission to require slaughter plants to 
collect and submit blood samples 
and other diagnostic specimens for disease testing, according to 
commission rules.  Provides that 
failure to comply results in a Class C misdemeanor unless it is a 
subsequent offense which is a 
Class B misdemeanor.  (A Class C misdemeanor is punishable by a 
$500 fine.  A Class B 
misdemeanor is punishable by one or both:  $2000 fine and 180 day 
jail term.)
 
SECTION 2.  Amends Section 162.008, Agriculture Code, by deleting 
current indemnity 
payment for bovine tuberculosis responders and replacing it with 
general authority to pay 
indemnity for tuberculosis exposed and infected animals.  
Authorizes the Commission to adopt 
rules to implement indemnity payment.

SECTION 3.  Effective date:  September 1, 1997.

SECTION 4.  Emergency clause.           

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute deletes SECTION 2 regarding the Commission's 
authority to adopt rules relating 
to reporting diseases and SECTION 3 creating a penalty for 
veterinarians failing to comply with