By Crownover                                          H.B. No. 1244
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to control of animal diseases.
 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 Sections 161.0415, 161.0525, 161.0545, and
 1-6     161.058 to read as follows:
 1-7           Sec. 161.0415.  DISPOSAL OF DISEASED OR EXPOSED LIVESTOCK.
 1-8     (a)  The commission by order may require the slaughter of
 1-9     livestock, under the direction of the commission, or the sale of
1-10     livestock for immediate slaughter at a public slaughtering
1-11     establishment maintaining federal or state inspection if the
1-12     livestock is exposed to or infected with a disease that:
1-13                 (1)  is recognized by the United States Department of
1-14     Agriculture as a foreign animal disease;
1-15                 (2)  is the subject of a cooperative eradication
1-16     program with the United States Department of Agriculture;
1-17                 (3)  is named on "List A" of the Office International
1-18     Des Epizooties; or
1-19                 (4)  is the subject of a state of emergency, as
1-20     declared by the governor.
1-21           (b)  The commission by order may require the slaughter and
1-22     disposal of livestock exposed to or infected with a disease not
1-23     listed in Subsection (a)  if the commission determines that action
1-24     to be necessary for the protection of animal health in this state.
 2-1     The commission shall immediately deliver a copy of an order issued
 2-2     under this subsection to the appropriate legislative oversight
 2-3     committees.
 2-4           (c)  A person may appeal an order of the commission under
 2-5     this section as provided by Chapter 2001, Government Code.
 2-6           Sec. 161.0525.  MEMORANDUM OF UNDERSTANDING ON COOPERATION
 2-7     WITH OTHER STATES.  The commission by rule, subject to approval by
 2-8     the governor, may adopt a joint memorandum of understanding with
 2-9     another state that includes provisions under which the commission
2-10     and the other state may provide assistance to each other in the
2-11     case of an animal disease outbreak.
2-12           Sec. 161.0545.  MOVEMENT OF ANIMAL PRODUCTS.  The commission
2-13     may adopt rules that require the certification of persons who
2-14     transport or dispose of inedible animal products, including
2-15     carcasses, body parts, and waste material.  The commission by rule
2-16     may provide terms and conditions for the issuance, renewal, and
2-17     revocation of a certification under this section.
2-18           Sec. 161.058.  COMPENSATION OF LIVESTOCK OWNER.  (a)  The
2-19     commission may pay an indemnity to the owner of livestock exposed
2-20     to or infected with a disease if the commission considers it
2-21     necessary to eradicate the disease and to dispose of the exposed or
2-22     diseased livestock.  The commission shall provide the owner with
2-23     information regarding available state or federal indemnity funds.
2-24           (b)  The commission may adopt rules for the implementation of
2-25     this section, including rules governing:
2-26                 (1)  eligibility for compensation;
2-27                 (2)  amounts of compensation; and
 3-1                 (3)  limits and restrictions on compensation.
 3-2           (c)  The commission may spend funds appropriated for the
 3-3     purpose of this section only for direct payment to owners of
 3-4     exposed or infected livestock.
 3-5           SECTION 2.  Section 161.101, Agriculture Code, is amended to
 3-6     read as follows:
 3-7           Sec. 161.101.  DUTY TO REPORT.  (a)  The commission may adopt
 3-8     rules that require a [A] veterinarian to [shall] report the
 3-9     existence of a disease in an animal [the following diseases among
3-10     livestock, exotic livestock, domestic fowl,  or exotic fowl] to the
3-11     commission within 24 hours after diagnosis if the disease:
3-12                 (1)  is recognized by the United States Department of
3-13     Agriculture as a foreign animal disease;
3-14                 (2)  is the subject of a cooperative eradication
3-15     program with the United States Department of Agriculture;
3-16                 (3)  is named on "List A" of the Office International
3-17     Des Epizooties; or
3-18                 (4)  is the subject of a state of emergency, as
3-19     declared by the governor.
3-20           (b)  The commission may adopt rules that require a
3-21     veterinarian to report a disease not listed in Subsection (a) if
3-22     the commission determines that action to be necessary for the
3-23     protection of animal health in this state.  The commission shall
3-24     immediately deliver a copy of a rule adopted under this subsection
3-25     to the appropriate legislative oversight committees.  A rule
3-26     adopted by the commission under this subsection expires on the
3-27     first day after the last day of the first regular legislative
 4-1     session that begins after adoption of the rule unless the rule is
 4-2     continued in effect by act of the legislature.
 4-3           (c)  The commission may not adopt, amend, or repeal a rule
 4-4     under this section unless the commission holds a public hearing on
 4-5     the proposed action following public notice of the hearing
 4-6     [anthrax];
 4-7                 [(2)  brucellosis;]
 4-8                 [(3)  foot-and-mouth disease;]
 4-9                 [(4)  hog cholera;]
4-10                 [(5)  laryngo tracheitis;]
4-11                 [(6)  ornithosis;]
4-12                 [(7)  piroplasmosis;]
4-13                 [(8)  pseudorabies;]
4-14                 [(9)  pullorum;]
4-15                 [(10)  scabies;]
4-16                 [(11)  scrapie;]
4-17                 [(12)  typhimurium;]
4-18                 [(13)  typhoid;]
4-19                 [(14)  vesicular exanthema; or]
4-20                 [(15)  vesicular stomatitis.]
4-21           [(b)  In addition to reporting the existence of a disease
4-22     under this section, the veterinarian shall also report to the
4-23     commission information relating to:]
4-24                 [(1)  the species and number of animals involved;]
4-25                 [(2)  any clinical diagnosis or postmortem findings;
4-26     and]
4-27                 [(3)  any death losses.]
 5-1           [(c)  If the animals subject to reporting requirements under
 5-2     this section are exotic livestock or exotic fowl, the veterinarian,
 5-3     in addition to reporting information required by Subsections (a)
 5-4     and (b), shall report to the commission information relating to:]
 5-5                 [(1)  the name and address of the owner of the animal
 5-6     involved; and]
 5-7                 [(2)  the location of the animal involved].
 5-8           SECTION 3.  Section 161.145(a), Agriculture Code, is amended
 5-9     to read as follows:
5-10           (a)  A person commits an offense if, as a veterinarian, the
5-11     person wilfully fails or refuses to comply with a provision of
5-12     Subchapter F of this chapter or with a rule adopted under that
5-13     subchapter.
5-14           SECTION 4.  Section 165.026(b), Agriculture Code, is amended
5-15     to read as follows:
5-16           (b)  The commission may adopt rules for registration under
5-17     this section, including rules providing for registration issuance
5-18     and renewal, disease tests, inspections, and bookkeeping.
5-19     Registration with the commission shall be made on forms prescribed
5-20     by the commission, and the commission shall furnish those forms on
5-21     request. The commission may impose a registration fee not to exceed
5-22     $25 a year.
5-23           SECTION 5.  Sections 162.007, 162.008, 163.068, 165.024, and
5-24     165.025, Agriculture Code, are repealed.
5-25           SECTION 6.  (a)  Except as provided by Subsection (b) of this
5-26     section, this Act takes effect September 1, 1999.
5-27           (b)  The change in law made by this Act to Section 161.101,
 6-1     Agriculture Code, takes effect January 1, 2000, except that before
 6-2     that date the Texas Animal Health Commission may adopt rules in
 6-3     accordance with Section 161.101, Agriculture Code, as amended by
 6-4     this Act, to take effect on that date.
 6-5           SECTION 7.  The importance of this legislation and the
 6-6     crowded condition of the calendars in both houses create an
 6-7     emergency and an imperative public necessity that the
 6-8     constitutional rule requiring bills to be read on three several
 6-9     days in each house be suspended, and this rule is hereby suspended.