Bill not drafted by TLC or Senate E&E.

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         By:  Brown                                   S.B. No. 1465

                                A BILL TO BE ENTITLED

                                       AN ACT

 1-1     relating to the handling and testing of certain animals; providing

 1-2     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.

 2-4           [(a)  A veterinarian shall report the existence of the

 2-5     following diseases among livestock, exotic livestock, domestic

 2-6     fowl, or exotic fowl to the commission within 24 hours after

 2-7     diagnosis:]

 2-8                 [(1)  anthrax;]

 2-9                 [(2)  brucellosis;]

2-10                 [(3)  foot-and-mouth disease;]

2-11                 [(4)  hog cholera;]

2-12                 [(5)  laryngo tracheitis;]

2-13                 [(6)  ornithosis;]

2-14                 [(7)  piroplasmosis;]

2-15                 [(8)  pseudorabies;]

2-16                 [(9)  pullorum;]

2-17                 [(10)  scabies;]

2-18                 [(11)  scrapie;]

2-19                 [(12)  typhimurium;]

2-20                 [(13)  typhoid;]

2-21                 [(14)  vesicular exanthema; or]

2-22                 [(15)  vesicular stomatitis.]

2-23           [(b)  In addition to reporting the existence of a disease

2-24     under this section, the veterinarian shall also report to the

2-25     commission information relating to:]

 3-1                 [(1)  the species and number of animals involved;]

 3-2                 [(2)  any clinical diagnosis or postmortem findings;

 3-3     and]

 3-4                 [(3)  any death losses.]

 3-5           [(c)  If the animals subject to reporting requirements under

 3-6     this section are exotic livestock or exotic fowl, the veterinarian,

 3-7     in addition to reporting information required by Subsections (a)

 3-8     and (b), shall report to the commission information relating to:]

 3-9                 [(1)  the name and address of the owner of the animal

3-10     involved; and]

3-11                 [(2)  the location of the animal involved.]

3-12           SECTION 3.  Section 161.145, Agriculture Code, is amended to

3-13     read as follows:

3-14           Sec. 161.145.  Veterinarian Failure to Report Diseased

3-15     Animals.  (a)  A person commits an offense if, as a veterinarian,

3-16     the person wilfully fails or refuses to comply with a provision of

3-17     Subchapter F of this chapter or with a rule adopted pursuant to

3-18     that Subchapter.

3-19           (b)  An offense under this section is a Class B misdemeanor.

3-20           SECTION 4.  Subchapter C, Chapter 161, Agriculture Code, is

3-21     amended by amending Section 162.008 to read as follows:

3-22           Sec. 162.008.  Compensation of Owner.  (a)  The commission

3-23     may pay an indemnity to the owner of cattle exposed to or infected

3-24     with tuberculosis if the commission considers it necessary to

3-25     eradicate disease.

 4-1           (b)  The commission may adopt rules for the implementation of

 4-2     this section, including rules for determining eligibility for

 4-3     compensation.

 4-4           [(a)  If cattle are sold and slaughtered under Section

 4-5     162.007(b) of this code, the commission may pay to the owner an

 4-6     amount equal to not more than one-third of the appraised value of

 4-7     the animal after deducting any amount received for salvage.]

 4-8           [(b)  Compensation under this section may not exceed $35 for

 4-9     a grade animal or $70 for a purebred animal and may not exceed any

4-10     compensation made for the same purpose by the United States

4-11     Department of Agriculture.]

4-12           [(c)  In order to be eligible for compensation under this

4-13     section, an owner must comply with the rules of the commission.]

4-14           [(d)  For purposes of this section, the appraised value of an

4-15     animal shall be determined by a representative of the commission or

4-16     the United States Department of Agriculture and a representative of

4-17     the owner of the animal.  If they cannot agree on the value, they

4-18     shall appoint a third appraiser and the value of the animal shall

4-19     be determined by agreement of any two of the three appraisers.]

4-20           [(e)  The commission may compensate persons under this

4-21     section only from funds appropriated for that purpose in the

4-22     General Appropriations Act.]

4-23           SECTION 5.  This Act takes effect September 1, 1997.

4-24           SECTION 6.  The importance of this legislation and the

4-25     crowded condition of the calendars in both houses create an

 5-1     emergency and an imperative public necessity that the

 5-2     constitutional rule requiring bills to be read on three several

 5-3     days in each house be suspended, and this rule is hereby suspended.