SRC-JEC H.B. 2463 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 2463
77R8632 YDB-FBy: Glaze (Shapleigh)
Health & Human Services
5/1/2001
Engrossed


DIGEST AND PURPOSE 

Bovine tuberculosis (Bovine TB) is a contagious livestock disease that has
been found in El Paso and Hudspeth, Texas.  The United States Department of
Agriculture is in negotiations to buy out affected dairies and requires
that the state ensure that no new dairy operations are established in areas
infected with Bovine TB. Under current law, the Texas Board of Health
cannot deny a permit application for a dairy operation based solely on the
existence of Bovine TB in the area where the dairy operation is
established.  H.B. 2463 prevents a new permit from being issued to a dairy
operation located in an area infected with or at a high risk for Bovine TB.

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Texas Animal Health
Commission in SECTION 2 (Section 435.006, Health and Safety Code) of this
bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends the heading of Chapter 435A, Health and Safety Code, to
read as follows: 

SUBCHAPTER A.  MILK OFFERED FOR SALE AND MILK GRADING

SECTION 2.  Amends Section 435.006, Health and Safety Code, as follows:

Sec. 435.006.  New heading: PERMIT TO SELL MILK.  (a) Requires a person who
offers milk or milk products for sale or to be sold in this state to hold a
permit issued by the Texas Board of Health (board).  Requires the person to
apply to the board or the board's representative for a permit.  Deletes
text regarding a Grade "A" label. 

(d) Prohibits the board from issuing a permit to a person for a producer
dairy located in an area infected with or at a high risk for bovine
tuberculosis, as determined epidemiologically and defined by rule of the
Texas Animal Health Commission. 

SECTION 3.  Provides that Section 435.006(d), Health and Safety Code, does
not apply to a person operating in an infected area, as determined under
that subsection, and holding a permit issued by the board under Chapter
435, Health and Safety Code, before the effective date of this Act. 

SECTION 4.  Effective date: upon passage or the 91st day after adjournment.