SRC-MKV H.B. 3673 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 3673
77R12397 BDH-FBy: Swinford (Bivins)
Natural Resources
5/7/2001
Engrossed


DIGEST AND PURPOSE 

Foot and mouth disease is a highly infectious viral disease of
cloven-hoofed animals such as cattle, swine, sheep, goats, and deer. It is
a very serious threat to the livestock industry. In Great Britain, the
latest outbreak of foot and mouth disease has led to over one million
animals being slaughtered. A foot and mouth disease outbreak would
necessitate quarantine and depopulation of infected animals, as well as a
cessation of livestock movement in the state to prevent the spread of the
disease. A new worldwide epidemic of foot and mouth disease has so far
reached 60 countries, and with increased global trade there is a
possibility of meat contaminated with foot and mouth disease being brought
into Texas. If garbage being fed to swine were to be infected with foot and
mouth disease the swine would very likely become infected with the disease.
H.B. 3673 authorizes the Texas Animal Health Commission to adopt rules to
prohibit the feeding of garbage containing meat scraps if the practice
presents a danger to the livestock industry, and to revoke permits of
garbage feeding to swine for noncompliance with the law.  

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Texas Animal Health
Commission in SECTION 1 (Section 165.026, Agriculture Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 165.026, Agriculture Code, as follows:

Sec. 165.026.  FEEDING GARBAGE TO SWINE. (a)  Prohibits a person from
feeding restricted garbage to swine or providing restricted garbage to any
person for the purpose of feeding swine, except that a facility operated by
the Texas Department of Criminal Justice may feed restricted garbage to
swine if the garbage is properly treated in accordance with applicable
federal requirements. 

(b)  Authorizes a person to feed unrestricted garbage to swine only under
certain conditions. 

 (c)  Authorizes the Texas Animal Health Commission (commission) to adopt
rules for registration under this section, including rules providing for
registration issuance, revocation, and renewal, disease tests, inspections,
bookkeeping, and appropriate handling and treatment of unrestricted
garbage.  Requires registration with the commission to be made on forms
prescribed by the commission, and requires the commission to furnish those
forms on request.  Authorizes the commission to impose a registration fee
not to exceed $25 a year. 

 (d)  Authorizes the commission or the executive director of the commission
to issue an emergency administrative order to suspend a registration under
this section or require the immediate quarantine and closure of a garbage
feeding facility if the commission or the executive director determines
that the practice presents a danger to public health or  the livestock
industry, including any danger related to an insect infestation or the
transmission of a disease.  Requires an order to expire not later than the
end of the second month after the effective date of the order. 

(e)  Authorizes the commission or the commissioner to issue an order
prohibiting the feeding of restricted or unrestricted garbage to swine in
all or part of the state if the commission or the commissioner determines
that the practice presents a danger to public health or the livestock
industry, including any danger related to an insect infestation or the
transmission of a disease. 

 (f)  Provides that this section does not apply to an individual who feeds
unrestricted garbage from the individual's own household, farm, or ranch to
swine owned by the individual. 

  (g)  Defines "restricted garbage" and "unrestricted garbage."
 
SECTION 2.  Provides that a violation of Section 165.026(a) or (b),
Agriculture Code, as amended by this Act, is an offense under Section
165.041, Agriculture Code, only if each element of the violation occurs on
or after December 1, 2001.  Provides that an offense under Section 165.041
for a violation of Section 165.026(a) or (b) committed before December  1,
2001, is governed by the law in effect when the offense was committed, and
the former law is continued in effect for that purpose. 
 
SECTION 3.  This Act takes effect September 1, 2001.