By Seaman                                             H.B. No. 2906
         76R4308 BDH-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the purchase and administration of rabies vaccine.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Section 826.023, Health and Safety Code, is
 1-5     amended to read as follows:
 1-6           Sec. 826.023.  USE AND SALE OF RABIES VACCINE.  (a)  Rabies
 1-7     vaccine for animals may be administered [only] by or under the
 1-8     direct supervision of a veterinarian or by an individual to that
 1-9     individual's own animals.
1-10           (b)  A veterinarian may not administer or directly supervise
1-11     the administration of rabies vaccine in this state unless the
1-12     person is:
1-13                 (1)  licensed by the State Board of Veterinary Medical
1-14     Examiners to practice veterinary medicine; or
1-15                 (2)  practicing veterinary medicine on an installation
1-16     of the armed forces or National Guard.
1-17           (c)  A person may not sell or distribute rabies vaccine for
1-18     animals to any person except:
1-19                 (1)  a licensed veterinarian;
1-20                 (2)  [or to] a person working in a veterinary clinic
1-21     who accepts the vaccine on behalf of the veterinarian;
1-22                 (3)  an individual for the sole purpose of allowing
1-23     that individual to administer rabies vaccine to that individual's
1-24     own animals; or
 2-1                 (4)  a retail or wholesale business for the sole
 2-2     purpose of allowing that business to sell or distribute rabies
 2-3     vaccine to an individual to administer rabies vaccine to that
 2-4     individual's own animals.
 2-5           (d)  This section does not prohibit a pharmacy licensed by
 2-6     the Texas State Board of Pharmacy from supplying rabies vaccine for
 2-7     animals under Subsection (c) [to a licensed veterinarian].
 2-8           [(e)  This section does not prohibit a veterinarian licensed
 2-9     by the State Board of Veterinary Medical Examiners from selling or
2-10     dispensing rabies vaccine to an individual with whom the
2-11     veterinarian has a veterinarian-client-patient relationship as
2-12     described by The Veterinary Licensing Act (Article 8890, Revised
2-13     Statutes) for the sole purpose of allowing that individual to
2-14     administer the rabies vaccine to that individual's own livestock.]
2-15           SECTION 2.  This Act takes effect September 1, 1999. An
2-16     offense committed before the effective date of this Act is covered
2-17     by the law in effect when the offense was committed, and the former
2-18     law is continued for that purpose.
2-19           SECTION 3.  The importance of this legislation and the
2-20     crowded condition of the calendars in both houses create an
2-21     emergency and an imperative public necessity that the
2-22     constitutional rule requiring bills to be read on three several
2-23     days in each house be suspended, and this rule is hereby suspended.