SRC-MWN S.B. 261 77(R)BILL ANALYSIS


Senate Research CenterS.B. 261
By: Bernsen
Business & Commerce
5/30/2001
Enrolled


DIGEST AND PURPOSE 

Human salmonellosis associated with exotic pets is gaining recognition as a
reemerging disease. S.B. 261 requires the owner of the pet store that sells
reptiles to post a sign warning of reptile-associated salmonellosis,
provide a written warning of reptile-associated salmonellosis to the
purchaser of a reptile, and require the Texas Board of Health to adopt
rules to govern the information required by the sign and the written
notice. 

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Texas Department of Health
in SECTION 1 (Section 81.352, Health and Safety Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 81, Health and Safety Code, by adding Subchapter
I, as follows: 

SUBCHAPTER I.  ANIMAL-BORNE DISEASES

 Sec. 81.351. DEFINITION. Defines "pet store."

Sec. 81.352. WARNING SIGN REQUIRED; RULES. (a) Requires the owner or
operator of a pet store that sells reptiles to post a sign warning of
reptile-associated salmonellosis in accordance with the Texas Department of
Health (department) rules; and ensure that a written warning related to
reptile-associated salmonellosis is provided to each purchaser of a
reptile.  

(b) Requires the department to adopt rules to govern the form and content
of the required sign and the manner and place of posting of the sign; and
the form and content of the required written warning.  

Sec. 81.353.ADMINISTRATIVE PENALTY. (a) Authorizes the department to assess
an administrative penalty if a person violates this section or a rule
adopted under this section. 

(b) Requires the department, in determining the amount of the penalty, to
consider certain criteria. 

(c) Prohibits the penalties from exceeding $500 for each month for each
month a violation continues. 

(d) Authorizes the enforcement of the penalty to be stayed during the time
the order is under judicial review if the person pays the penalty to the
clerk of the court or files a supersedeas bond with the court in the amount
of the penalty. Authorizes a person who cannot afford to pay the penalty or
file the bond to stay the enforcement by filing an affidavit in the manner
required by the Texas Rules of Civil Procedure for a party who cannot
afford to file security for costs, subject to the right of the board to
contest the  affidavit as provided by those rules. 

  (e) Authorizes the attorney general to sue to collect the penalty.

(f) Provides that a proceeding to impose the penalty is considered to be a
contested case under Chapter 2001, Government Code. 

SECTION 2. Effective date: September 1, 2001.