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.
2-43 * * * * *