1-1     By:  Brown                                            S.B. No. 1465

 1-2           (In the Senate - Filed March 13, 1997; March 19, 1997, read

 1-3     first time and referred to Committee on Natural Resources;

 1-4     April 4, 1997, reported favorably by the following vote:  Yeas 10,

 1-5     Nays 0; April 4, 1997, sent to printer.)

 1-6                            A BILL TO BE ENTITLED

 1-7                                   AN ACT

 1-8     relating to the handling, testing, and compensation for the

 1-9     destruction of certain animals; providing a penalty.

1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-11           SECTION 1.  Subchapter C, Chapter 161, Agriculture Code, is

1-12     amended by adding Section 161.055 to read as follows:

1-13           Sec. 161.055.  SLAUGHTER PLANT COLLECTION.  (a)  The

1-14     commission may require slaughter plants to collect and submit blood

1-15     samples and other diagnostic specimens for testing for disease.

1-16           (b)  The commission by rule shall determine the method of

1-17     collecting, submitting, and testing of blood samples and other

1-18     diagnostic specimens.

1-19           (c)  The owner or operator of a slaughter plant commits an

1-20     offense if the slaughter plant fails to comply with this section or

1-21     a rule adopted under this section.  An offense under this

1-22     subsection is a Class C misdemeanor unless it is shown on the trial

1-23     of the offense that the defendant has been previously convicted

1-24     under this section, in which event the offense is a Class B

1-25     misdemeanor.

1-26           SECTION 2.  Section 161.101, Agriculture Code, is amended to

1-27     read as follows:

1-28           Sec. 161.101.  DUTY TO REPORT.  Following notice and public

1-29     hearing, the commission may adopt rules requiring veterinarians to

1-30     report the existence of specified diseases among livestock, exotic

1-31     livestock, domestic fowl, or exotic fowl.  The commission may

1-32     establish when the report is to be made and what information is to

1-33     be provided.  [(a)  A veterinarian shall report the existence of

1-34     the following diseases among livestock, exotic livestock, domestic

1-35     fowl, or exotic fowl to the commission within 24 hours after

1-36     diagnosis:]

1-37                 [(1)  anthrax;]

1-38                 [(2)  brucellosis;]

1-39                 [(3)  foot-and-mouth disease;]

1-40                 [(4)  hog cholera;]

1-41                 [(5)  laryngo tracheitis;]

1-42                 [(6)  ornithosis;]

1-43                 [(7)  piroplasmosis;]

1-44                 [(8)  pseudorabies;]

1-45                 [(9)  pullorum;]

1-46                 [(10)  scabies;]

1-47                 [(11)  scrapie;]

1-48                 [(12)  typhimurium;]

1-49                 [(13)  typhoid;]

1-50                 [(14)  vesicular exanthema; or]

1-51                 [(15)  vesicular stomatitis.]

1-52           [(b)  In addition to reporting the existence of a disease

1-53     under this section, the veterinarian shall also report to the

1-54     commission information relating to:]

1-55                 [(1)  the species and number of animals involved;]

1-56                 [(2)  any clinical diagnosis or postmortem findings;

1-57     and]

1-58                 [(3)  any death losses.]

1-59           [(c)  If the animals subject to reporting requirements under

1-60     this section are exotic livestock or exotic fowl, the veterinarian,

1-61     in addition to reporting information required by Subsections (a)

1-62     and (b), shall report to the commission information relating to:]

1-63                 [(1)  the name and address of the owner of the animal

1-64     involved; and]

 2-1                 [(2)  the location of the animal involved.]

 2-2           SECTION 3.  Section 161.145, Agriculture Code, is amended to

 2-3     read as follows:

 2-4           Sec. 161.145.  Veterinarian Failure to Report Diseased

 2-5     Animals.  (a)  A person commits an offense if, as a veterinarian,

 2-6     the person wilfully fails or refuses to comply with a provision of

 2-7     Subchapter F of this chapter or with a rule adopted pursuant to

 2-8     that subchapter.

 2-9           (b)  An offense under this section is a Class B misdemeanor.

2-10           SECTION 4.  Section 162.008, Agriculture Code, is amended to

2-11     read as follows:

2-12           Sec. 162.008.  Compensation of Owner.  (a)  The commission

2-13     may pay an indemnity to the owner of cattle exposed to or infected

2-14     with tuberculosis if the commission considers it necessary to

2-15     eradicate the disease.

2-16           (b)  The commission may adopt rules for the implementation of

2-17     this section, including rules for determining eligibility for

2-18     compensation.  [If cattle are sold and slaughtered under Section

2-19     162.007(b) of this code, the commission may pay to the owner an

2-20     amount equal to not more than one-third of the appraised value of

2-21     the animal after deducting any amount received for salvage.]

2-22           [(b)  Compensation under this section may not exceed $35 for

2-23     a grade animal or $70 for a purebred animal and may not exceed any

2-24     compensation made for the same purpose by the United States

2-25     Department of Agriculture.]

2-26           [(c)  In order to be eligible for compensation under this

2-27     section, an owner must comply with the rules of the commission.]

2-28           [(d)  For purposes of this section, the appraised value of an

2-29     animal shall be determined by a representative of the commission or

2-30     the United States Department of Agriculture and a representative of

2-31     the owner of the animal.  If they cannot agree on the value, they

2-32     shall appoint a third appraiser and the value of the animal shall

2-33     be determined by agreement of any two of the three appraisers.]

2-34           [(e)  The commission may compensate persons under this

2-35     section only from funds appropriated for that purpose in the

2-36     General Appropriations Act.]

2-37           SECTION 5.  This Act takes effect September 1, 1997.

2-38           SECTION 6.  The importance of this legislation and the

2-39     crowded condition of the calendars in both houses create an

2-40     emergency and an imperative public necessity that the

2-41     constitutional rule requiring bills to be read on three several

2-42     days in each house be suspended, and this rule is hereby suspended.

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