75R13048 SKB-F                          

         By Brown                                              S.B. No. 1465

         Substitute the following for S.B. No. 1465:

         By Rabuck                                         C.S.S.B. No. 1465

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the handling, testing, and compensation for the

 1-3     destruction of certain animals; providing a penalty.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Subchapter C, Chapter 161, Agriculture Code, is

 1-6     amended by adding Section 161.055 to read as follows:

 1-7           Sec. 161.055.  SLAUGHTER PLANT COLLECTION.  (a)  The

 1-8     commission may require slaughter plants to collect and submit blood

 1-9     samples and other diagnostic specimens for testing for disease.

1-10           (b)  The commission by rule shall determine the method of

1-11     collecting, submitting, and testing of blood samples and other

1-12     diagnostic specimens.

1-13           (c)  The owner or operator of a slaughter plant commits an

1-14     offense if the slaughter plant fails to comply with this section or

1-15     a rule adopted under this section.  An offense under this

1-16     subsection is a Class C misdemeanor unless it is shown on the trial

1-17     of the offense that the defendant has been previously convicted

1-18     under this section, in which event the offense is a Class B

1-19     misdemeanor.

1-20           SECTION 2.  Section 162.008, Agriculture Code, is amended to

1-21     read as follows:

1-22           Sec. 162.008.  Compensation of Owner.  (a)  The commission

1-23     may pay an indemnity to the owner of cattle exposed to or infected

1-24     with tuberculosis if the commission considers it necessary to

 2-1     eradicate the disease.

 2-2           (b)  The commission may adopt rules for the implementation of

 2-3     this section, including rules for determining eligibility for

 2-4     compensation.  [If cattle are sold and slaughtered under Section

 2-5     162.007(b) of this code, the commission may pay to the owner an

 2-6     amount equal to not more than one-third of the appraised value of

 2-7     the animal after deducting any amount received for salvage.]

 2-8           [(b)  Compensation under this section may not exceed $35 for

 2-9     a grade animal or $70 for a purebred animal and may not exceed any

2-10     compensation made for the same purpose by the United States

2-11     Department of Agriculture.]

2-12           [(c)  In order to be eligible for compensation under this

2-13     section, an owner must comply with the rules of the commission.]

2-14           [(d)  For purposes of this section, the appraised value of an

2-15     animal shall be determined by a representative of the commission or

2-16     the United States Department of Agriculture and a representative of

2-17     the owner of the animal.  If they cannot agree on the value, they

2-18     shall appoint a third appraiser and the value of the animal shall

2-19     be determined by agreement of any two of the three appraisers.]

2-20           [(e)  The commission may compensate persons under this

2-21     section only from funds appropriated for that purpose in the

2-22     General Appropriations Act.]

2-23           SECTION 3.  This Act takes effect September 1, 1997.

2-24           SECTION 4.  The importance of this legislation and the

2-25     crowded condition of the calendars in both houses create an

2-26     emergency and an imperative public necessity that the

2-27     constitutional rule requiring bills to be read on three several

 3-1     days in each house be suspended, and this rule is hereby suspended.