HBA-JRA H.B. 1732 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1732
By: Crownover
Agriculture & Livestock
3/1/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, the Texas Animal Health Commission (TAHC) requires all horses
changing ownership in Texas to test negative for equine infectious anemia
within the previous twelve months, except for horses sold at auction.  H.B.
1732 requires all horses changing ownership in Texas to have a negative
test for equine infectious anemia within the previous twelve months
regardless of where or to whom they are sold. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter H, Chapter 161, Agriculture Code, by adding
Section 161.149, as follows: 

Sec. 161.149.  TEST FOR EQUINE INFECTIOUS ANEMIA.  Provides that a person
commits a Class C misdemeanor if the person transfers ownership of a horse
six months of age or older that has not tested negative for equine
infectious anemia during the year preceding the date of the transfer,
unless it is shown on the trial of the offense that the defendant has been
previously convicted under this section, in which event it is a Class B
misdemeanor.  Provides that it is a defense to prosecution that the horse
is a foal being nursed by a dam that has tested negative during the year
preceding the date of the transfer and is being transferred with the foal
or that the horse is being transferred directly to a slaughter
establishment where it will be tested for equine infectious anemia. 

SECTION 2.  Effective date: September 1, 1999.

SECTION 3.  Makes application of this Act prospective.

SECTION 4.  Emergency clause.