By Kolkhorst                                          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.