By Swinford                                           H.B. No. 3446
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the regulation of the practice of veterinary medicine;
 1-3     imposing criminal, civil, and administrative penalties.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Sections 4 and 13B, The Veterinary Licensing Act
 1-6     (Article 8890, Revised Statutes), are amended to read as follows:
 1-7           Sec. 4.   (a)  Except as provided by Section 3 of this Act:
 1-8                 (1)  [,] a person may not practice, offer or attempt to
 1-9     practice veterinary medicine in this State without first having
1-10     obtained a valid license to do so from the Texas Board of
1-11     Veterinary Medical Examiners; and
1-12                 (2)  a corporation, organization, business trust,
1-13     estate, trust, partnership, association, or other legal entity not
1-14     owned exclusively by one or more persons licensed by the Texas
1-15     Board of Veterinary Medical Examiners to practice veterinary
1-16     medicine in this State may not practice or  offer or attempt to
1-17     practice veterinary medicine in this State.
1-18           (b)  The premises on which a veterinary practice is located
1-19     may be owned by a person or other legal entity not licensed by the
1-20     Texas Board of Veterinary Medical Examiners.
1-21           (c) [(b)]  A person, including an entity, commits an offense
1-22     if the person violates this section.  The offense is a Class A
1-23     misdemeanor.
1-24           Sec. 13B.   The board may request and, if necessary, compel
 2-1     by subpoena the attendance of witnesses for examination under oath
 2-2     and the production for inspection and copying of books, accounts,
 2-3     records, papers, correspondence, documents, and other evidence
 2-4     relevant to the investigation of alleged violations of this Act.
 2-5     If a person, including a corporation, organization, business trust,
 2-6     estate, trust, partnership, association, or other legal entity,
 2-7     fails to comply with a subpoena issued under this section, the
 2-8     board, acting through the attorney general, may file suit to
 2-9     enforce the subpoena in a district court in Travis County or in the
2-10     county in which a hearing conducted by the board may be held.  The
2-11     court, if it determines that good cause exists for the issuance of
2-12     the subpoena, shall order compliance with the requirements of the
2-13     subpoena.  Failure to obey the order of the court may be punished
2-14     by the court as contempt.
2-15           SECTION 2.  Section 14(d), The Veterinary Licensing Act
2-16     (Article 8890, Revised Statutes), is amended to read as follows:
2-17           (d)  A person not licensed under this Act, including a
2-18     corporation, organization, business trust, estate, trust,
2-19     partnership, association, or other legal entity, who violates this
2-20     Act or a rule adopted by the  Board under this Act is subject to a
2-21     civil penalty of $1,000 for each day of violation.  At the request
2-22     of the Board, the attorney general shall bring an action to recover
2-23     a civil penalty authorized under this subsection.
2-24           SECTION 3.  Section 14B(a), The Veterinary Licensing Act
2-25     (Article 8890, Revised Statutes), is amended to read as follows:
2-26           (a)  The Board may impose an administrative penalty against a
2-27     person, including a corporation, organization, business trust,
 3-1     estate, trust, partnership, association, or other legal entity, who
 3-2     violates a provision of this Act or a rule or order adopted under
 3-3     this Act.
 3-4           SECTION 4.  Section 17, The Veterinary Licensing Act (Article
 3-5     8890, Revised Statutes), is amended to read as follows:
 3-6           Sec. 17.   The Board, through the Attorney General or any
 3-7     District or County Attorney, may institute any injunction
 3-8     proceeding or any such other proceeding incident to such injunction
 3-9     proceeding as to enforce the provisions of this Act and to enjoin
3-10     any person, including a corporation, organization, business trust,
3-11     estate, trust, partnership, association, or other legal entity,
3-12     from the practice of veterinary medicine, as defined in this Act,
3-13     without such person having complied with the other provisions of
3-14     this Act.  The venue for such injunction proceedings shall be in
3-15     the county of the residence of the person against whom such
3-16     injunction proceedings are instituted if the person is a natural
3-17     person, or in the county of the defendant's principal office in
3-18     this state if the defendant is not a natural person.  If the person
3-19     does not reside or have the person's principal office in this
3-20     state, as applicable, venue is in Travis County.
3-21           SECTION 5.  In enacting this legislation, the legislature
3-22     intends to clarify and reiterate the law in effect before the
3-23     enactment of this Act.
3-24           SECTION 6.  The importance of this legislation and the
3-25     crowded condition of the calendars in both houses create an
3-26     emergency and an imperative public necessity that the
3-27     constitutional rule requiring bills to be read on three several
 4-1     days in each house be suspended, and this rule is hereby suspended,
 4-2     and that this Act take effect and be in force from and after its
 4-3     passage, and it is so enacted.