By Swinford H.B. No. 3446
76R8035 SMH-D
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) A person, including an entity, commits an offense if the
1-19 person violates this section. The offense is a Class A
1-20 misdemeanor.
1-21 Sec. 13B. The board may request and, if necessary, compel
1-22 by subpoena the attendance of witnesses for examination under oath
1-23 and the production for inspection and copying of books, accounts,
1-24 records, papers, correspondence, documents, and other evidence
2-1 relevant to the investigation of alleged violations of this Act.
2-2 If a person, including a corporation, organization, business trust,
2-3 estate, trust, partnership, association, or other legal entity,
2-4 fails to comply with a subpoena issued under this section, the
2-5 board, acting through the attorney general, may file suit to
2-6 enforce the subpoena in a district court in Travis County or in the
2-7 county in which a hearing conducted by the board may be held. The
2-8 court, if it determines that good cause exists for the issuance of
2-9 the subpoena, shall order compliance with the requirements of the
2-10 subpoena. Failure to obey the order of the court may be punished
2-11 by the court as contempt.
2-12 SECTION 2. Section 14(d), The Veterinary Licensing Act
2-13 (Article 8890, Revised Statutes), is amended to read as follows:
2-14 (d) A person not licensed under this Act, including a
2-15 corporation, organization, business trust, estate, trust,
2-16 partnership, association, or other legal entity, who violates this
2-17 Act or a rule adopted by the Board under this Act is subject to a
2-18 civil penalty of $1,000 for each day of violation. At the request
2-19 of the Board, the attorney general shall bring an action to recover
2-20 a civil penalty authorized under this subsection.
2-21 SECTION 3. Section 14B(a), The Veterinary Licensing Act
2-22 (Article 8890, Revised Statutes), is amended to read as follows:
2-23 (a) The Board may impose an administrative penalty against a
2-24 person, including a corporation, organization, business trust,
2-25 estate, trust, partnership, association, or other legal entity, who
2-26 violates a provision of this Act or a rule or order adopted under
2-27 this Act.
3-1 SECTION 4. Section 17, The Veterinary Licensing Act (Article
3-2 8890, Revised Statutes), is amended to read as follows:
3-3 Sec. 17. The Board, through the Attorney General or any
3-4 District or County Attorney, may institute any injunction
3-5 proceeding or any such other proceeding incident to such injunction
3-6 proceeding as to enforce the provisions of this Act and to enjoin
3-7 any person, including a corporation, organization, business trust,
3-8 estate, trust, partnership, association, or other legal entity,
3-9 from the practice of veterinary medicine, as defined in this Act,
3-10 without such person having complied with the other provisions of
3-11 this Act. The venue for such injunction proceedings shall be in
3-12 the county of the residence of the person against whom such
3-13 injunction proceedings are instituted if the person is a natural
3-14 person, or in the county of the defendant's principal office in
3-15 this state if the defendant is not a natural person. If the person
3-16 does not reside or have the person's principal office in this
3-17 state, as applicable, venue is in Travis County.
3-18 SECTION 5. In enacting this legislation, the legislature
3-19 intends to clarify and reiterate the law in effect before the
3-20 enactment of this Act.
3-21 SECTION 6. The importance of this legislation and the
3-22 crowded condition of the calendars in both houses create an
3-23 emergency and an imperative public necessity that the
3-24 constitutional rule requiring bills to be read on three several
3-25 days in each house be suspended, and this rule is hereby suspended,
3-26 and that this Act take effect and be in force from and after its
3-27 passage, and it is so enacted.