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.
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