1-1 By: Swinford (Senate Sponsor - Ogden) H.B. No. 3446
1-2 (In the Senate - Received from the House May 10, 1999;
1-3 May 10, 1999, read first time and referred to Committee on Natural
1-4 Resources; May 14, 1999, reported favorably by the following vote:
1-5 Yeas 5, Nays 0; May 14, 1999, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the regulation of the practice of veterinary medicine;
1-9 imposing criminal, civil, and administrative penalties.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Sections 4 and 13B, The Veterinary Licensing Act
1-12 (Article 8890, Revised Statutes), are amended to read as follows:
1-13 Sec. 4. (a) Except as provided by Section 3 of this Act:
1-14 (1) [,] a person may not practice, offer or attempt to
1-15 practice veterinary medicine in this State without first having
1-16 obtained a valid license to do so from the Texas Board of
1-17 Veterinary Medical Examiners; and
1-18 (2) a corporation, organization, business trust,
1-19 estate, trust, partnership, association, or other legal entity not
1-20 owned exclusively by one or more persons licensed by the Texas
1-21 Board of Veterinary Medical Examiners to practice veterinary
1-22 medicine in this State may not practice or offer or attempt to
1-23 practice veterinary medicine in this State.
1-24 (b) A person, including an entity, commits an offense if the
1-25 person violates this section. The offense is a Class A
1-26 misdemeanor.
1-27 Sec. 13B. The board may request and, if necessary, compel by
1-28 subpoena the attendance of witnesses for examination under oath and
1-29 the production for inspection and copying of books, accounts,
1-30 records, papers, correspondence, documents, and other evidence
1-31 relevant to the investigation of alleged violations of this Act.
1-32 If a person, including a corporation, organization, business trust,
1-33 estate, trust, partnership, association, or other legal entity,
1-34 fails to comply with a subpoena issued under this section, the
1-35 board, acting through the attorney general, may file suit to
1-36 enforce the subpoena in a district court in Travis County or in the
1-37 county in which a hearing conducted by the board may be held. The
1-38 court, if it determines that good cause exists for the issuance of
1-39 the subpoena, shall order compliance with the requirements of the
1-40 subpoena. Failure to obey the order of the court may be punished
1-41 by the court as contempt.
1-42 SECTION 2. Section 14(d), The Veterinary Licensing Act
1-43 (Article 8890, Revised Statutes), is amended to read as follows:
1-44 (d) A person not licensed under this Act, including a
1-45 corporation, organization, business trust, estate, trust,
1-46 partnership, association, or other legal entity, who violates this
1-47 Act or a rule adopted by the Board under this Act is subject to a
1-48 civil penalty of $1,000 for each day of violation. At the request
1-49 of the Board, the attorney general shall bring an action to recover
1-50 a civil penalty authorized under this subsection.
1-51 SECTION 3. Section 14B(a), The Veterinary Licensing Act
1-52 (Article 8890, Revised Statutes), is amended to read as follows:
1-53 (a) The Board may impose an administrative penalty against a
1-54 person, including a corporation, organization, business trust,
1-55 estate, trust, partnership, association, or other legal entity, who
1-56 violates a provision of this Act or a rule or order adopted under
1-57 this Act.
1-58 SECTION 4. Section 17, The Veterinary Licensing Act (Article
1-59 8890, Revised Statutes), is amended to read as follows:
1-60 Sec. 17. The Board, through the Attorney General or any
1-61 District or County Attorney, may institute any injunction
1-62 proceeding or any such other proceeding incident to such injunction
1-63 proceeding as to enforce the provisions of this Act and to enjoin
1-64 any person, including a corporation, organization, business trust,
2-1 estate, trust, partnership, association, or other legal entity,
2-2 from the practice of veterinary medicine, as defined in this Act,
2-3 without such person having complied with the other provisions of
2-4 this Act. The venue for such injunction proceedings shall be in
2-5 the county of the residence of the person against whom such
2-6 injunction proceedings are instituted if the person is a natural
2-7 person, or in the county of the defendant's principal office in
2-8 this state if the defendant is not a natural person. If the person
2-9 does not reside or have the person's principal office in this
2-10 state, as applicable, venue is in Travis County.
2-11 SECTION 5. In enacting this legislation, the legislature
2-12 intends to clarify and reiterate the law in effect before the
2-13 enactment of this Act.
2-14 SECTION 6. The importance of this legislation and the
2-15 crowded condition of the calendars in both houses create an
2-16 emergency and an imperative public necessity that the
2-17 constitutional rule requiring bills to be read on three several
2-18 days in each house be suspended, and this rule is hereby suspended,
2-19 and that this Act take effect and be in force from and after its
2-20 passage, and it is so enacted.
2-21 * * * * *