SRC-JJJ H.B. 1244 76(R)BILL ANALYSIS


Senate Research CenterH.B. 1244
By: Crownover (Harris)
Natural Resources
5/5/1999
Committee Report (Amended)


DIGEST 

Currently, the Texas Animal Health Commission (TAHC) does not have the
authority to regulate a number of activities which may assist in the
control and tracking of certain animal diseases.  H.B. 1244 would establish
conditions regarding the control of animal diseases. 

PURPOSE

As proposed, H.B. 1244 establishes conditions regarding animal diseases.

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Texas Animal Health Commission in
SECTION 1 (Sections 161.0525, 161.0545, and 161.058(b), Agriculture Code);
SECTION 2 (Sections161.101(a) and (b), Agriculture Code); SECTION 4
(Section 165.026(b), Agriculture Code); and SECTION 6(b) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 161C, Agriculture Code, by adding Sections
161.0415, 161.0525, 161.0545, and 161.058, as follows: 

Sec. 161.0415.  DISPOSAL OF DISEASED OR EXPOSED LIVESTOCK.  Authorizes the
Texas Animal Health Commission (TAHC) by order to require the slaughter of
livestock, or the sale of livestock for immediate slaughter as a public
slaughtering establishment maintaining federal or state inspection if the
livestock is exposed to or infected with certain diseases, other than
bluetonque or vesicular stomatitis.  Authorizes TAHC by order to require
the slaughter and disposal of livestock exposed to or infected with certain
diseases that deem that action to be necessary for the protection of animal
health in this state.  Requires TAHC to immediately deliver a copy of an
order to the appropriate legislative oversight committees. Authorizes a
person to appeal an order of TAHC.   
     
Sec. 161.0525.  MEMORANDUM OF UNDERSTANDING ON COOPERATION WITH OTHER
STATES.  Authorizes TAHC, by rule, subject to approval by the governor, to
adopt a joint memorandum with other states regarding assistance in cases of
an animal disease outbreak. 
 
Sec. 161.0545.  MOVEMENT OF ANIMAL PRODUCTS.  Authorizes TAHC to adopt
rules that require the certification of persons who transport or dispose of
inedible animal products. Authorizes the commission, by rule, to provide
terms and conditions for issuance, renewal, and revocation of a
certification. 
 
Sec. 161.058.  COMPENSATION OF LIVESTOCK OWNER.  Authorizes TAHC to pay an
indemnity to the owner of livestock, if required to slaughter animals due
to exposure or infection with certain diseases.  Requires the commission to
adopt funds to provide the owner with information regarding available state
or federal indemnity funds.  Sets forth rules TAHC is authorized to adopt
for the implementation of this section.  Authorizes TAHC to spend
appropriated funds for direct payment to owners of exposed or infected
livestock. 

 SECTION 2.  Amends Section 161.101, Agriculture Code, to authorize TAHC to
adopt rules that require a veterinarian to report the existence of a
disease other than bluetonque in an animal to TAHC within 24 hours after
diagnosis if the disease fulfills certain conditions.  Authorizes TAHC to
adopt rules that required a veterinarian to report a disease not listed in
Subsection (a) if TAHC determines that action to be necessary for the
protection of animals in the state.  Requires the commission to immediately
deliver a copy of a rule adopted to the appropriate legislative oversight
committees.  Sets forth expiration of rules adopted under this section.
Prohibits TAHC from adopting, amending or repealing a rule  unless TAHC
holds a public hearing on the proposed action following public notice of
the hearing.  Deletes text regarding certain diseases; a list of certain
diseases; information relating to certain factors regarding a disease; and
certain information pertaining to infected exotic livestock. 

SECTION 3.  Amends Section 161.145(a), Agriculture Code, to make a
conforming change. 

SECTION 4.  Amends Section 165.026(b), Agriculture Code, to authorize TAHC
to adopt rules for registration and certain provisions regarding
registration.  Authorizes TAHC to impose a registration fee not to exceed
$25 a year. 

SECTION 5.  Repealers:  Sections 162.007, 162.008, 163.068, 165.024, and
165.025, Agriculture Code (regarding sale or slaughter, compensation of
owner, compensation to owner of cattle, sale and slaughter of diseased
animals, and compensation of owner). 

SECTION 6.  (a) Effective date: September 1, 1999, except as provided by
Subsection (b). 

(b)  Provides that change in law made by this Act to Section 161.101,
Agriculture Code, takes effect January 1, 2000, except that before that
date TAHC may adopt rules in accordance with Section 161.101, Agriculture
Code, to take effect on that date. 
 
SECTION 7.  Emergency clause.

SUMMARY OF COMMITTEE CHANGES

SECTION 1.  

Amends Sections 161.0415, Agriculture Code, to require the slaughter of
animals with certain diseases other than bluetonque or vesicular
stomatitis. 

SECTION 2.  

Amends Section 161.101, Agriculture Code, to authorize TAHC to adopt rules
that require a veterinarian to report the existence of a disease other than
bluetonque in an animal to TAHC within 24 hours after diagnosis if the
disease fulfills certain conditions.