HBA-MPM C.S.S.B. 261 77(R)    BILL ANALYSIS


Office of House Bill AnalysisC.S.S.B. 261
By: Bernsen
Public Health
4/30/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

According to the Center for Disease Control (CDC), reptiles carry a wide
variety of salmonella stereotypes, many of which can be transmitted to
humans. The disease includes such symptoms as fever, muscle aches,
headache, and malaise, followed by abdominal pain, nausea, vomiting, and
diarrhea.  Some types of the salmonella bacteria cause septicemia, which
can result in a disease of longer duration and greater severity.   The CDC
warns that such reptiles present a particular danger in homes with infants,
elderly persons, or others at increased risk for salmonella infections.
C.S.S.B. 261 requires the owner of a pet store that sells reptiles to post
a sign warning of reptile-associated salmonellosis and provide a written
warning of the disease to the purchaser of a reptile. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Texas Department of Health in
SECTION 1 (Section 81.352, Health and Safety Code) of this bill. 

ANALYSIS

C.S.S.B. 261 amends the Health and Safety Code to require the owner or
operator of a pet store  that sells reptiles to post a sign warning of
reptile-associated salmonellosis in accordance with Texas Department of
Health (TDH) rules, and to ensure that a written warning is provided to
each purchaser of a reptile. TDH is required to adopt rules governing the
form and content of the sign and written warning and the manner and place
of posting the sign.  The bill authorizes TDH to assess an administrative
penalty of no more than $500 for each month a violation of these
requirements continues.  The bill requires TDH in determining the penalty
amount to consider the person's previous violations, the seriousness of the
violation, any hazard to the health and safety of the public, the person's
demonstrated good faith, and such other matters as justice may require.
The bill provides that enforcement of the penalty may be stayed during the
time the order is under judicial review if the person pays the penalty or
files a supersedeas bond with the court.  A person who cannot afford to pay
the penalty or file the bond is authorized to stay the enforcement by
filing an affidavit in the manner required by the Texas Rules of Civil
Procedure.  The attorney general is authorized to sue to collect the
penalty.  The bill provides that a proceeding to impose the penalty is
considered to be a contested case. 

EFFECTIVE DATE

September 1, 2001.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.S.B. 261 differs from the original by requiring the Texas Department of
Health (TDH), rather than the Texas Board of Health, to adopt rules
governing the form and content of the sign described in the bill.  The
substitute authorizes TDH to assess an administrative penalty of no more
than $500 for each month a violation of these requirements continues,
rather than $500 for each violation of the requirements.  The substitute
requires TDH to consider certain elements of the violation in determining a
penalty amount.  The substitute authorizes the enforcement of a penalty to
be stayed.  The substitute also authorizes the attorney  general to sue to
collect a penalty and specifies that a proceeding to impose a penalty is
considered to be a contested case.