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 other than
1-13 bluetongue or vesicular stomatitis that:
1-14 (1) is recognized by the United States Department of
1-15 Agriculture as a foreign animal disease;
1-16 (2) is the subject of a cooperative eradication
1-17 program with the United States Department of Agriculture;
1-18 (3) is named on "List A" of the Office International
1-19 Des Epizooties; or
1-20 (4) is the subject of a state of emergency, as
1-21 declared by the governor.
1-22 (b) The commission by order may require the slaughter and
1-23 disposal of livestock exposed to or infected with a disease not
1-24 listed in Subsection (a) if the commission determines that action
2-1 to be necessary for the protection of animal health in this state.
2-2 The commission shall immediately deliver a copy of an order issued
2-3 under this subsection to the appropriate legislative oversight
2-4 committees.
2-5 (c) A person may appeal an order of the commission under
2-6 this section as provided by Chapter 2001, Government Code.
2-7 Sec. 161.0525. MEMORANDUM OF UNDERSTANDING ON COOPERATION
2-8 WITH OTHER STATES. The commission by rule, subject to approval by
2-9 the governor, may adopt a joint memorandum of understanding with
2-10 another state that includes provisions under which the commission
2-11 and the other state may provide assistance to each other in the
2-12 case of an animal disease outbreak.
2-13 Sec. 161.0545. MOVEMENT OF ANIMAL PRODUCTS. The commission
2-14 may adopt rules that require the certification of persons who
2-15 transport or dispose of inedible animal products, including
2-16 carcasses, body parts, and waste material. The commission by rule
2-17 may provide terms and conditions for the issuance, renewal, and
2-18 revocation of a certification under this section.
2-19 Sec. 161.058. COMPENSATION OF LIVESTOCK OWNER. (a) The
2-20 commission may pay an indemnity to the owner of livestock exposed
2-21 to or infected with a disease if the commission considers it
2-22 necessary to eradicate the disease and to dispose of the exposed or
2-23 diseased livestock. The commission shall provide the owner with
2-24 information regarding available state or federal indemnity funds.
2-25 (b) The commission may adopt rules for the implementation of
2-26 this section, including rules governing:
2-27 (1) eligibility for compensation;
3-1 (2) amounts of compensation; and
3-2 (3) limits and restrictions on compensation.
3-3 (c) The commission may spend funds appropriated for the
3-4 purpose of this section only for direct payment to owners of
3-5 exposed or infected livestock.
3-6 SECTION 2. Section 161.101, Agriculture Code, is amended to
3-7 read as follows:
3-8 Sec. 161.101. DUTY TO REPORT. (a) The commission may adopt
3-9 rules that require a [A] veterinarian to [shall] report the
3-10 existence of a disease other than bluetongue in an animal [the
3-11 following diseases among livestock, exotic livestock, domestic
3-12 fowl, or exotic fowl] to the commission within 24 hours after
3-13 diagnosis if the disease:
3-14 (1) is recognized by the United States Department of
3-15 Agriculture as a foreign animal disease;
3-16 (2) is the subject of a cooperative eradication
3-17 program with the United States Department of Agriculture;
3-18 (3) is named on "List A" of the Office International
3-19 Des Epizooties; or
3-20 (4) is the subject of a state of emergency, as
3-21 declared by the governor.
3-22 (b) The commission may adopt rules that require a
3-23 veterinarian to report a disease not listed in Subsection (a) if
3-24 the commission determines that action to be necessary for the
3-25 protection of animal health in this state. The commission shall
3-26 immediately deliver a copy of a rule adopted under this subsection
3-27 to the appropriate legislative oversight committees. A rule
4-1 adopted by the commission under this subsection expires on the
4-2 first day after the last day of the first regular legislative
4-3 session that begins after adoption of the rule unless the rule is
4-4 continued in effect by act of the legislature.
4-5 (c) The commission may not adopt, amend, or repeal a rule
4-6 under this section unless the commission holds a public hearing on
4-7 the proposed action following public notice of the hearing
4-8 [anthrax];
4-9 [(2) brucellosis;]
4-10 [(3) foot-and-mouth disease;]
4-11 [(4) hog cholera;]
4-12 [(5) laryngo tracheitis;]
4-13 [(6) ornithosis;]
4-14 [(7) piroplasmosis;]
4-15 [(8) pseudorabies;]
4-16 [(9) pullorum;]
4-17 [(10) scabies;]
4-18 [(11) scrapie;]
4-19 [(12) typhimurium;]
4-20 [(13) typhoid;]
4-21 [(14) vesicular exanthema; or]
4-22 [(15) vesicular stomatitis.]
4-23 [(b) In addition to reporting the existence of a disease
4-24 under this section, the veterinarian shall also report to the
4-25 commission information relating to:]
4-26 [(1) the species and number of animals involved;]
4-27 [(2) any clinical diagnosis or postmortem findings;
5-1 and]
5-2 [(3) any death losses.]
5-3 [(c) If the animals subject to reporting requirements under
5-4 this section are exotic livestock or exotic fowl, the veterinarian,
5-5 in addition to reporting information required by Subsections (a)
5-6 and (b), shall report to the commission information relating to:]
5-7 [(1) the name and address of the owner of the animal
5-8 involved; and]
5-9 [(2) the location of the animal involved].
5-10 SECTION 3. Section 161.145(a), Agriculture Code, is amended
5-11 to read as follows:
5-12 (a) A person commits an offense if, as a veterinarian, the
5-13 person wilfully fails or refuses to comply with a provision of
5-14 Subchapter F of this chapter or with a rule adopted under that
5-15 subchapter.
5-16 SECTION 4. Section 165.026(b), Agriculture Code, is amended
5-17 to read as follows:
5-18 (b) The commission may adopt rules for registration under
5-19 this section, including rules providing for registration issuance
5-20 and renewal, disease tests, inspections, and bookkeeping.
5-21 Registration with the commission shall be made on forms prescribed
5-22 by the commission, and the commission shall furnish those forms on
5-23 request. The commission may impose a registration fee not to exceed
5-24 $25 a year.
5-25 SECTION 5. Sections 162.007, 162.008, 163.068, 165.024, and
5-26 165.025, Agriculture Code, are repealed.
5-27 SECTION 6. (a) Except as provided by Subsection (b) of this
6-1 section, this Act takes effect September 1, 1999.
6-2 (b) The change in law made by this Act to Section 161.101,
6-3 Agriculture Code, takes effect January 1, 2000, except that before
6-4 that date the Texas Animal Health Commission may adopt rules in
6-5 accordance with Section 161.101, Agriculture Code, as amended by
6-6 this Act, to take effect on that date.
6-7 SECTION 7. The importance of this legislation and the
6-8 crowded condition of the calendars in both houses create an
6-9 emergency and an imperative public necessity that the
6-10 constitutional rule requiring bills to be read on three several
6-11 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1244 was passed by the House on April
8, 1999, by a non-record vote; and that the House concurred in
Senate amendments to H.B. No. 1244 on May 19, 1999, by a non-record
vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 1244 was passed by the Senate, with
amendments, on May 17, 1999, by the following vote: Yeas 30, Nays
0.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor