By Miller H.B. No. 2091
77R8020 BDH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to tuberculosis control in certain animals.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 162.002(a), Agriculture Code, is amended
1-5 to read as follows:
1-6 (a) The commission may cooperate with the United States
1-7 Department of Agriculture and the county commissioners courts in a
1-8 cooperative program for the eradication of tuberculosis among
1-9 cattle and the establishment of [modified accredited] areas based
1-10 on prevalence of the disease.
1-11 SECTION 2. Section 162.005, Agriculture Code, is amended to
1-12 read as follows:
1-13 Sec. 162.005. IDENTIFICATION [BRANDING AND TAGGING] OF
1-14 CATTLE. [(a)] If cattle examined by a veterinarian show a positive
1-15 reaction to the tuberculin test or show evidence of tuberculosis
1-16 infection by clinical or laboratory examination, the veterinarian
1-17 shall:
1-18 (1) comply with any identification requirements of the
1-19 commission [brand with a hot iron the letter "T" not less than
1-20 three inches high on the left jaw of each animal that shows a
1-21 positive reaction]; and
1-22 (2) not later than 48 hours after the identification,
1-23 report the [affix a metal ear tag bearing a number for]
1-24 identification [on the left ear of each of those animals; and]
2-1 [(3) report the branding and tagging] to the
2-2 commission, together with the location, description, and number of
2-3 animals identified [branded and tagged].
2-4 [(b) A report under Subsection (a)(3) of this section must
2-5 be sent to the commission within 48 hours after the branding and
2-6 tagging.]
2-7 SECTION 3. Section 162.006(b), Agriculture Code, is amended
2-8 to read as follows:
2-9 (b) Before the establishment of a quarantine a person may
2-10 not move the cattle that show a positive reaction from the
2-11 enclosure in which they were located at the time of testing, and
2-12 may not sell, trade, barter, grant, or loan those animals[, except
2-13 as provided by Section 162.007 of this code]. After a quarantine
2-14 is established, a person may not move any cattle from the
2-15 quarantined premises without first obtaining a written permit from
2-16 the commission.
2-17 SECTION 4. Section 162.009, Agriculture Code, is amended to
2-18 read as follows:
2-19 Sec. 162.009. TUBERCULOSIS MODIFIED ACCREDITED ADVANCED AND
2-20 TUBERCULOSIS FREE AREAS. (a) As part of a cooperative program,
2-21 the commission or its representative may examine, test, and retest
2-22 any cattle in this state as necessary to maintain an area of this
2-23 state [each county] as a tuberculosis modified accredited advanced
2-24 [tuberculosis free] area or to establish or maintain each area of
2-25 this state as a tuberculosis free area under the uniform methods
2-26 and rules of the United States Department of Agriculture and the
2-27 rules of the commission.
3-1 (b) The commission or its representative may test or retest
3-2 all or part of a herd of cattle [in a modified accredited
3-3 tuberculosis free area] at intervals considered necessary or
3-4 advisable by the commission to control and eliminate [bovine]
3-5 tuberculosis in animals.
3-6 SECTION 5. The heading to Section 162.011, Agriculture Code,
3-7 is amended to read as follows:
3-8 Sec. 162.011. PENALTY FOR VETERINARIAN'S FAILURE TO FILE
3-9 CERTIFICATE OR TO IDENTIFY [BRAND OR TAG] ANIMALS.
3-10 SECTION 6. Section 162.011(a), Agriculture Code, is amended
3-11 to read as follows:
3-12 (a) A person commits an offense if, as a veterinarian, the
3-13 person:
3-14 (1) fails to file a certificate under Section 162.004
3-15 or a report under Section 162.005 [of this code]; or
3-16 (2) fails to properly identify an animal under [brand
3-17 or tag cattle in accordance with] Section 162.005 [of this code].
3-18 SECTION 7. Section 162.012, Agriculture Code, is amended to
3-19 read as follows:
3-20 Sec. 162.012. PENALTY FOR MOVEMENT OR[,] SALE[, OR DISPOSAL]
3-21 OF QUARANTINED OR DISEASED CATTLE. (a) A person commits an offense
3-22 if the person[:]
3-23 [(1)] moves, sells, trades, barters, grants, or loans
3-24 animals in violation of Section 162.006(b) [of this code; or]
3-25 [(2) kills or destroys an animal, or removes the
3-26 carcass of an animal, in violation of Section 162.007(a) of this
3-27 code].
4-1 (b) An offense under this section is a Class B misdemeanor
4-2 for each animal [or carcass, as applicable,] that was moved, sold,
4-3 traded, bartered, granted, or loaned[, killed, or destroyed].
4-4 SECTION 8. This Act takes effect September 1, 2001.