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                                  * * * * *