SRC-MWN H.B. 2091 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 2091
77R8020 BDH-DBy: Miller (Haywood)
Natural Resources
5/6/2001
Engrossed


DIGEST AND PURPOSE 

Currently, Texas law designates the state as a modified accredited area for
tuberculosis (TB) in cattle. All except two of the 254 counties in Texas
have been declared TB-free by the United States Department of Agriculture
(USDA). Cattle transported from a modified accredited area must be tested
within 60 days of transport and be shown to be TB free. Breeding cattle
from TB-free zones may move across state lines without TB tests,
facilitating out of state trade. H.B. 2091 brings Texas law in line with
USDA regulations by reflecting new split-state status in regard to bovine
TB.  

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 162.002(a), Agriculture Code, to authorize the
Texas Animal Health Commission (commission) to cooperate certain entities
or persons for the eradication of tuberculosis among cattle and the
establishment of areas based on prevalence of the disease. Deletes text
regarding modified accredited. 

SECTION 2. Amends Section 162.005, Agriculture Code, as follows:

Sec. 162.005. New heading: IDENTIFICATION OF CATTLE. Requires the
veterinarian, under certain conditions, to perform certain procedures.
Deletes text regarding report sent to the commission. 

SECTION 3. Amends Section 162.006(b), Agriculture Code, to delete text
regarding Section 162.007 of this code. 

SECTION 4. Amends Section 162.009, Agriculture Code, as follows:

Sec. 162.009. New heading: TUBERCULOSIS MODIFIED ACCREDITED ADVANCED AND
TUBERCULOSIS FREE AREAS. (a) Authorizes the commission or its
representative, as part of a cooperative program, to examine, test, and
retest any cattle in this state as necessary to maintain an area of this
state, rather than county, as a tuberculosis modified accredited advanced
area or to establish or maintain each area of this state as a tuberculosis
free area under the uniform methods and rules of the United States
Department of Agriculture and the rules of the commission. Deletes text
regarding tuberculosis. 

(b) Authorizes the commission or its representative to test or retest all
or part of a herd of cattle at intervals considered necessary or advisable
by the commission to control and eliminate tuberculosis in animals. Deletes
text regarding a modified accredited tuberculosis free area. 

 SECTION 5. Amends the heading to Section 162.011, Agriculture Code, to
read as follows: 

Sec. 162.011. New heading: PENALTY FOR VETERINARIAN'S FAILURE TO FILE
CERTIFICATE OR TO IDENTIFY ANIMALS.  

SECTION 6. Amends Section 162.011(a), Agriculture Code, to provide that a
person commits an offense if, as a veterinarian, the person fails to
properly identify an animal under Section 162.005. Deletes text regarding
branding or tagging cattle. Makes nonsubstantive changes. 

SECTION 7. Amends Section 162.012, Agriculture Code, as follows

Sec. 162.012. New heading: PENALTY FOR MOVEMENT OR SALE OF QUARANTINED OR
DESEASED CATTLE. (a) Deletes text regarding violation of Section
162.007(a).  

  (b) Deletes text regarding a carcass. Makes a conforming change.

SECTION 8. Effective date: September 1, 2001.