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.