By Kolkhorst, Keffer, Hardcastle, Hopson, Swinford H.B. No. 1686
77R5156 BDH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to reporting of animal diseases by veterinarians.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 161.101, Agriculture Code, is amended to
1-5 read as follows:
1-6 Sec. 161.101. DUTY TO REPORT. (a) A veterinarian shall
1-7 report the existence of the following diseases among livestock,
1-8 exotic livestock, domestic fowl, or exotic fowl to the commission
1-9 within 24 hours after diagnosis of the disease:
1-10 (1) anthrax;
1-11 (2) avian infectious laryngotracheitis;
1-12 (3) avian influenza;
1-13 (4) avian tuberculosis;
1-14 (5) chronic wasting disease;
1-15 (6) duck virus enteritis;
1-16 (7) duck virus hepatitis;
1-17 (8) equine encephalomyelitis;
1-18 (9) equine infectious anemia;
1-19 (10) infectious encephalomyelitis in poultry or other
1-20 fowl;
1-21 (11) ornithosis;
1-22 (12) paramyxovirus infection in poultry or other fowl;
1-23 or
1-24 (13) scabies in sheep or cattle.
2-1 (b) In addition to reporting required by Subsection (a), the
2-2 [The] commission may adopt rules that require a veterinarian to
2-3 report the existence of a disease other than bluetongue in an
2-4 animal to the commission within 24 hours after diagnosis if the
2-5 disease:
2-6 (1) is recognized by the United States Department of
2-7 Agriculture as a foreign animal disease;
2-8 (2) is the subject of a cooperative eradication
2-9 program with the United States Department of Agriculture;
2-10 (3) is named on "List A" of the Office International
2-11 Des Epizooties; or
2-12 (4) is the subject of a state of emergency, as
2-13 declared by the governor.
2-14 (c) [(b)] The commission may adopt rules that require a
2-15 veterinarian to report a disease not covered by [listed in]
2-16 Subsection (a) or (b) if the commission determines that action to
2-17 be necessary for the protection of animal health in this state.
2-18 The commission shall immediately deliver a copy of a rule adopted
2-19 under this subsection to the appropriate legislative oversight
2-20 committees. A rule adopted by the commission under this subsection
2-21 expires on the first day after the last day of the first regular
2-22 legislative session that begins after adoption of the rule unless
2-23 the rule is continued in effect by act of the legislature.
2-24 (d) [(c)] The commission may not adopt, amend, or repeal a
2-25 rule under this section unless the commission holds a public
2-26 hearing on the proposed action following public notice of the
2-27 hearing.
3-1 SECTION 2. This Act takes effect immediately if it receives
3-2 a vote of two-thirds of all the members elected to each house, as
3-3 provided by Section 39, Article III, Texas Constitution. If this
3-4 Act does not receive the vote necessary for immediate effect, this
3-5 Act takes effect September 1, 2001.