By: Brown S.B. No. 1465
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the handling, testing, and compensation for the
1-2 destruction of certain animals; providing a penalty.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subchapter C, Chapter 161, Agriculture Code, is
1-5 amended by adding Section 161.055 to read as follows:
1-6 Sec. 161.055. SLAUGHTER PLANT COLLECTION. (a) The
1-7 commission may require slaughter plants to collect and submit blood
1-8 samples and other diagnostic specimens for testing for disease.
1-9 (b) The commission by rule shall determine the method of
1-10 collecting, submitting, and testing of blood samples and other
1-11 diagnostic specimens.
1-12 (c) The owner or operator of a slaughter plant commits an
1-13 offense if the slaughter plant fails to comply with this section or
1-14 a rule adopted under this section. An offense under this
1-15 subsection is a Class C misdemeanor unless it is shown on the trial
1-16 of the offense that the defendant has been previously convicted
1-17 under this section, in which event the offense is a Class B
1-18 misdemeanor.
1-19 SECTION 2. Section 161.101, Agriculture Code, is amended to
1-20 read as follows:
1-21 Sec. 161.101. DUTY TO REPORT. Following notice and public
1-22 hearing, the commission may adopt rules requiring veterinarians to
1-23 report the existence of specified diseases among livestock, exotic
2-1 livestock, domestic fowl, or exotic fowl. The commission may
2-2 establish when the report is to be made and what information is to
2-3 be provided. [(a) A veterinarian shall report the existence of
2-4 the following diseases among livestock, exotic livestock, domestic
2-5 fowl, or exotic fowl to the commission within 24 hours after
2-6 diagnosis:]
2-7 [(1) anthrax;]
2-8 [(2) brucellosis;]
2-9 [(3) foot-and-mouth disease;]
2-10 [(4) hog cholera;]
2-11 [(5) laryngo tracheitis;]
2-12 [(6) ornithosis;]
2-13 [(7) piroplasmosis;]
2-14 [(8) pseudorabies;]
2-15 [(9) pullorum;]
2-16 [(10) scabies;]
2-17 [(11) scrapie;]
2-18 [(12) typhimurium;]
2-19 [(13) typhoid;]
2-20 [(14) vesicular exanthema; or]
2-21 [(15) vesicular stomatitis.]
2-22 [(b) In addition to reporting the existence of a disease
2-23 under this section, the veterinarian shall also report to the
2-24 commission information relating to:]
2-25 [(1) the species and number of animals involved;]
3-1 [(2) any clinical diagnosis or postmortem findings;
3-2 and]
3-3 [(3) any death losses.]
3-4 [(c) If the animals subject to reporting requirements under
3-5 this section are exotic livestock or exotic fowl, the veterinarian,
3-6 in addition to reporting information required by Subsections (a)
3-7 and (b), shall report to the commission information relating to:]
3-8 [(1) the name and address of the owner of the animal
3-9 involved; and]
3-10 [(2) the location of the animal involved.]
3-11 SECTION 3. Section 161.145, Agriculture Code, is amended to
3-12 read as follows:
3-13 Sec. 161.145. Veterinarian Failure to Report Diseased
3-14 Animals. (a) A person commits an offense if, as a veterinarian,
3-15 the person wilfully fails or refuses to comply with a provision of
3-16 Subchapter F of this chapter or with a rule adopted pursuant to
3-17 that subchapter.
3-18 (b) An offense under this section is a Class B misdemeanor.
3-19 SECTION 4. Section 162.008, Agriculture Code, is amended to
3-20 read as follows:
3-21 Sec. 162.008. Compensation of Owner. (a) The commission
3-22 may pay an indemnity to the owner of cattle exposed to or infected
3-23 with tuberculosis if the commission considers it necessary to
3-24 eradicate the disease.
3-25 (b) The commission may adopt rules for the implementation of
4-1 this section, including rules for determining eligibility for
4-2 compensation. [If cattle are sold and slaughtered under Section
4-3 162.007(b) of this code, the commission may pay to the owner an
4-4 amount equal to not more than one-third of the appraised value of
4-5 the animal after deducting any amount received for salvage.]
4-6 [(b) Compensation under this section may not exceed $35 for
4-7 a grade animal or $70 for a purebred animal and may not exceed any
4-8 compensation made for the same purpose by the United States
4-9 Department of Agriculture.]
4-10 [(c) In order to be eligible for compensation under this
4-11 section, an owner must comply with the rules of the commission.]
4-12 [(d) For purposes of this section, the appraised value of an
4-13 animal shall be determined by a representative of the commission or
4-14 the United States Department of Agriculture and a representative of
4-15 the owner of the animal. If they cannot agree on the value, they
4-16 shall appoint a third appraiser and the value of the animal shall
4-17 be determined by agreement of any two of the three appraisers.]
4-18 [(e) The commission may compensate persons under this
4-19 section only from funds appropriated for that purpose in the
4-20 General Appropriations Act.]
4-21 SECTION 5. This Act takes effect September 1, 1997.
4-22 SECTION 6. The importance of this legislation and the
4-23 crowded condition of the calendars in both houses create an
4-24 emergency and an imperative public necessity that the
4-25 constitutional rule requiring bills to be read on three several
5-1 days in each house be suspended, and this rule is hereby suspended.