1-1 By: Crownover (Senate Sponsor - Harris) H.B. No. 1244
1-2 (In the Senate - Received from the House April 9, 1999;
1-3 April 12, 1999, read first time and referred to Committee on
1-4 Natural Resources; May 6, 1999, reported favorably, as amended, by
1-5 the following vote: Yeas 6, Nays 0; May 6, 1999, sent to printer.)
1-6 COMMITTEE AMENDMENT NO. 1 By: Armbrister
1-7 Amend H.B. 1244 as follows:
1-8 (1) On page 1, line 25, insert the following after "disease"
1-9 and before "that": "other than bluetongue or vesicular
1-10 stomatitis".
1-11 (2) On page 2, line 10, insert the following after "disease"
1-12 and before "in": "other than bluetongue".
1-13 A BILL TO BE ENTITLED
1-14 AN ACT
1-15 relating to control of animal diseases.
1-16 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-17 SECTION 1. Subchapter C, Chapter 161, Agriculture Code, is
1-18 amended by adding Sections 161.0415, 161.0525, 161.0545, and
1-19 161.058 to read as follows:
1-20 Sec. 161.0415. DISPOSAL OF DISEASED OR EXPOSED LIVESTOCK.
1-21 (a) The commission by order may require the slaughter of
1-22 livestock, under the direction of the commission, or the sale of
1-23 livestock for immediate slaughter at a public slaughtering
1-24 establishment maintaining federal or state inspection if the
1-25 livestock is exposed to or infected with a disease that:
1-26 (1) is recognized by the United States Department of
1-27 Agriculture as a foreign animal disease;
1-28 (2) is the subject of a cooperative eradication
1-29 program with the United States Department of Agriculture;
1-30 (3) is named on "List A" of the Office International
1-31 Des Epizooties; or
1-32 (4) is the subject of a state of emergency, as
1-33 declared by the governor.
1-34 (b) The commission by order may require the slaughter and
1-35 disposal of livestock exposed to or infected with a disease not
1-36 listed in Subsection (a) if the commission determines that action
1-37 to be necessary for the protection of animal health in this state.
1-38 The commission shall immediately deliver a copy of an order issued
1-39 under this subsection to the appropriate legislative oversight
1-40 committees.
1-41 (c) A person may appeal an order of the commission under
1-42 this section as provided by Chapter 2001, Government Code.
1-43 Sec. 161.0525. MEMORANDUM OF UNDERSTANDING ON COOPERATION
1-44 WITH OTHER STATES. The commission by rule, subject to approval by
1-45 the governor, may adopt a joint memorandum of understanding with
1-46 another state that includes provisions under which the commission
1-47 and the other state may provide assistance to each other in the
1-48 case of an animal disease outbreak.
1-49 Sec. 161.0545. MOVEMENT OF ANIMAL PRODUCTS. The commission
1-50 may adopt rules that require the certification of persons who
1-51 transport or dispose of inedible animal products, including
1-52 carcasses, body parts, and waste material. The commission by rule
1-53 may provide terms and conditions for the issuance, renewal, and
1-54 revocation of a certification under this section.
1-55 Sec. 161.058. COMPENSATION OF LIVESTOCK OWNER. (a) The
1-56 commission may pay an indemnity to the owner of livestock exposed
1-57 to or infected with a disease if the commission considers it
1-58 necessary to eradicate the disease and to dispose of the exposed or
1-59 diseased livestock. The commission shall provide the owner with
1-60 information regarding available state or federal indemnity funds.
1-61 (b) The commission may adopt rules for the implementation of
1-62 this section, including rules governing:
1-63 (1) eligibility for compensation;
2-1 (2) amounts of compensation; and
2-2 (3) limits and restrictions on compensation.
2-3 (c) The commission may spend funds appropriated for the
2-4 purpose of this section only for direct payment to owners of
2-5 exposed or infected livestock.
2-6 SECTION 2. Section 161.101, Agriculture Code, is amended to
2-7 read as follows:
2-8 Sec. 161.101. DUTY TO REPORT. (a) The commission may adopt
2-9 rules that require a [A] veterinarian to [shall] report the
2-10 existence of a disease in an animal [the following diseases among
2-11 livestock, exotic livestock, domestic fowl, or exotic fowl] to the
2-12 commission within 24 hours after diagnosis if the disease:
2-13 (1) is recognized by the United States Department of
2-14 Agriculture as a foreign animal disease;
2-15 (2) is the subject of a cooperative eradication
2-16 program with the United States Department of Agriculture;
2-17 (3) is named on "List A" of the Office International
2-18 Des Epizooties; or
2-19 (4) is the subject of a state of emergency, as
2-20 declared by the governor.
2-21 (b) The commission may adopt rules that require a
2-22 veterinarian to report a disease not listed in Subsection (a) if
2-23 the commission determines that action to be necessary for the
2-24 protection of animal health in this state. The commission shall
2-25 immediately deliver a copy of a rule adopted under this subsection
2-26 to the appropriate legislative oversight committees. A rule
2-27 adopted by the commission under this subsection expires on the
2-28 first day after the last day of the first regular legislative
2-29 session that begins after adoption of the rule unless the rule is
2-30 continued in effect by act of the legislature.
2-31 (c) The commission may not adopt, amend, or repeal a rule
2-32 under this section unless the commission holds a public hearing on
2-33 the proposed action following public notice of the hearing
2-34 [anthrax];
2-35 [(2) brucellosis;]
2-36 [(3) foot-and-mouth disease;]
2-37 [(4) hog cholera;]
2-38 [(5) laryngo tracheitis;]
2-39 [(6) ornithosis;]
2-40 [(7) piroplasmosis;]
2-41 [(8) pseudorabies;]
2-42 [(9) pullorum;]
2-43 [(10) scabies;]
2-44 [(11) scrapie;]
2-45 [(12) typhimurium;]
2-46 [(13) typhoid;]
2-47 [(14) vesicular exanthema; or]
2-48 [(15) vesicular stomatitis.]
2-49 [(b) In addition to reporting the existence of a disease
2-50 under this section, the veterinarian shall also report to the
2-51 commission information relating to:]
2-52 [(1) the species and number of animals involved;]
2-53 [(2) any clinical diagnosis or postmortem findings;
2-54 and]
2-55 [(3) any death losses.]
2-56 [(c) If the animals subject to reporting requirements under
2-57 this section are exotic livestock or exotic fowl, the veterinarian,
2-58 in addition to reporting information required by Subsections (a)
2-59 and (b), shall report to the commission information relating to:]
2-60 [(1) the name and address of the owner of the animal
2-61 involved; and]
2-62 [(2) the location of the animal involved].
2-63 SECTION 3. Section 161.145(a), Agriculture Code, is amended
2-64 to read as follows:
2-65 (a) A person commits an offense if, as a veterinarian, the
2-66 person wilfully fails or refuses to comply with a provision of
2-67 Subchapter F of this chapter or with a rule adopted under that
2-68 subchapter.
2-69 SECTION 4. Section 165.026(b), Agriculture Code, is amended
3-1 to read as follows:
3-2 (b) The commission may adopt rules for registration under
3-3 this section, including rules providing for registration issuance
3-4 and renewal, disease tests, inspections, and bookkeeping.
3-5 Registration with the commission shall be made on forms prescribed
3-6 by the commission, and the commission shall furnish those forms on
3-7 request. The commission may impose a registration fee not to exceed
3-8 $25 a year.
3-9 SECTION 5. Sections 162.007, 162.008, 163.068, 165.024, and
3-10 165.025, Agriculture Code, are repealed.
3-11 SECTION 6. (a) Except as provided by Subsection (b) of this
3-12 section, this Act takes effect September 1, 1999.
3-13 (b) The change in law made by this Act to Section 161.101,
3-14 Agriculture Code, takes effect January 1, 2000, except that before
3-15 that date the Texas Animal Health Commission may adopt rules in
3-16 accordance with Section 161.101, Agriculture Code, as amended by
3-17 this Act, to take effect on that date.
3-18 SECTION 7. The importance of this legislation and the
3-19 crowded condition of the calendars in both houses create an
3-20 emergency and an imperative public necessity that the
3-21 constitutional rule requiring bills to be read on three several
3-22 days in each house be suspended, and this rule is hereby suspended.
3-23 * * * * *