1-1 By: Kolkhorst, et al. (Senate Sponsor - Ogden) H.B. No. 1686
1-2 (In the Senate - Received from the House April 2, 2001;
1-3 April 3, 2001, read first time and referred to Committee on Natural
1-4 Resources; May 2, 2001, reported favorably by the following vote:
1-5 Yeas 5, Nays 0; May 2, 2001, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to reporting of animal diseases by veterinarians.
1-9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-10 SECTION 1. Section 161.101, Agriculture Code, is amended to
1-11 read as follows:
1-12 Sec. 161.101. DUTY TO REPORT. (a) A veterinarian shall
1-13 report the existence of the following diseases among livestock,
1-14 exotic livestock, domestic fowl, or exotic fowl to the commission
1-15 within 24 hours after diagnosis of the disease:
1-16 (1) anthrax;
1-17 (2) avian infectious laryngotracheitis;
1-18 (3) avian influenza;
1-19 (4) avian tuberculosis;
1-20 (5) chronic wasting disease;
1-21 (6) duck virus enteritis;
1-22 (7) duck virus hepatitis;
1-23 (8) equine encephalomyelitis;
1-24 (9) equine infectious anemia;
1-25 (10) infectious encephalomyelitis in poultry or other
1-26 fowl;
1-27 (11) ornithosis;
1-28 (12) paramyxovirus infection in poultry or other fowl;
1-29 or
1-30 (13) scabies in sheep or cattle.
1-31 (b) In addition to reporting required by Subsection (a), the
1-32 [The] commission may adopt rules that require a veterinarian to
1-33 report the existence of a disease other than bluetongue in an
1-34 animal to the commission within 24 hours after diagnosis if the
1-35 disease:
1-36 (1) is recognized by the United States Department of
1-37 Agriculture as a foreign animal disease;
1-38 (2) is the subject of a cooperative eradication
1-39 program with the United States Department of Agriculture;
1-40 (3) is named on "List A" of the Office International
1-41 Des Epizooties; or
1-42 (4) is the subject of a state of emergency, as
1-43 declared by the governor.
1-44 (c) [(b)] The commission may adopt rules that require a
1-45 veterinarian to report a disease not covered by [listed in]
1-46 Subsection (a) or (b) if the commission determines that action to
1-47 be necessary for the protection of animal health in this state.
1-48 The commission shall immediately deliver a copy of a rule adopted
1-49 under this subsection to the appropriate legislative oversight
1-50 committees. A rule adopted by the commission under this subsection
1-51 expires on the first day after the last day of the first regular
1-52 legislative session that begins after adoption of the rule unless
1-53 the rule is continued in effect by act of the legislature.
1-54 (d) [(c)] The commission may not adopt, amend, or repeal a
1-55 rule under this section unless the commission holds a public
1-56 hearing on the proposed action following public notice of the
1-57 hearing.
1-58 SECTION 2. This Act takes effect immediately if it receives
1-59 a vote of two-thirds of all the members elected to each house, as
1-60 provided by Section 39, Article III, Texas Constitution. If this
1-61 Act does not receive the vote necessary for immediate effect, this
1-62 Act takes effect September 1, 2001.
1-63 * * * * *