1-1     By:  Miller, et al. (Senate Sponsor - Haywood)        H.B. No. 2091
 1-2           (In the Senate - Received from the House April 23, 2001;
 1-3     April 24, 2001, read first time and referred to Committee on
 1-4     Natural Resources; May 10, 2001, reported favorably by the
 1-5     following vote:  Yeas 6, Nays 0; May 10, 2001, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to tuberculosis control in certain animals.
 1-9           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-10           SECTION 1.  Section 162.002(a), Agriculture Code, is amended
1-11     to read as follows:
1-12           (a)  The commission may cooperate with the United States
1-13     Department of Agriculture and the county commissioners courts in a
1-14     cooperative program for the eradication of tuberculosis among
1-15     cattle and the establishment of [modified accredited] areas based
1-16     on prevalence of the disease.
1-17           SECTION 2.  Section 162.005, Agriculture Code, is amended to
1-18     read as follows:
1-19           Sec. 162.005.  IDENTIFICATION [BRANDING AND TAGGING] OF
1-20     CATTLE. [(a)]  If cattle examined by a veterinarian show a positive
1-21     reaction to the tuberculin test or show evidence of tuberculosis
1-22     infection by clinical or laboratory examination, the veterinarian
1-23     shall:
1-24                 (1)  comply with any identification requirements of the
1-25     commission [brand with a hot iron the letter "T" not less than
1-26     three inches high on the left jaw of each animal that shows a
1-27     positive reaction]; and
1-28                 (2)  not later than 48 hours after the identification,
1-29     report the [affix a metal ear tag bearing a number for]
1-30     identification [on the left ear of each of those animals; and]
1-31                 [(3)  report the branding and tagging] to the
1-32     commission, together with the location, description, and number of
1-33     animals identified [branded and tagged].
1-34           [(b)  A report under Subsection (a)(3) of this section must
1-35     be sent to the commission within 48 hours after the branding and
1-36     tagging.]
1-37           SECTION 3.  Section 162.006(b), Agriculture Code, is amended
1-38     to read as follows:
1-39           (b)  Before the establishment of a quarantine a person may
1-40     not move the cattle that show a positive reaction from the
1-41     enclosure in which they were located at the time of testing, and
1-42     may not sell, trade, barter, grant, or loan those animals[, except
1-43     as provided by Section 162.007 of this code].  After a quarantine
1-44     is established, a person may not move any cattle from the
1-45     quarantined premises without first obtaining a written permit from
1-46     the commission.
1-47           SECTION 4.  Section 162.009, Agriculture Code, is amended to
1-48     read as follows:
1-49           Sec. 162.009.  TUBERCULOSIS MODIFIED ACCREDITED ADVANCED AND
1-50     TUBERCULOSIS FREE AREAS.  (a)  As part of a cooperative program,
1-51     the commission or its representative may examine, test, and retest
1-52     any cattle in this state as necessary to maintain an area of this
1-53     state [each county] as a tuberculosis modified accredited advanced
1-54     [tuberculosis free] area or to establish or maintain each area of
1-55     this state as a tuberculosis free area under the uniform methods
1-56     and rules of the United States Department of Agriculture and the
1-57     rules of the commission.
1-58           (b)  The commission or its representative may test or retest
1-59     all or part of a herd of cattle [in a modified accredited
1-60     tuberculosis free area] at intervals considered necessary or
1-61     advisable by the commission to control and eliminate [bovine]
1-62     tuberculosis in animals.
1-63           SECTION 5. The heading to Section 162.011, Agriculture Code,
1-64     is amended to read as follows:
 2-1           Sec. 162.011.  PENALTY FOR VETERINARIAN'S FAILURE TO FILE
 2-2     CERTIFICATE OR TO IDENTIFY [BRAND OR TAG] ANIMALS.
 2-3           SECTION 6. Section 162.011(a), Agriculture Code, is amended
 2-4     to read as follows:
 2-5           (a)  A person commits an offense if, as a veterinarian, the
 2-6     person:
 2-7                 (1)  fails to file a certificate under Section 162.004
 2-8     or a report under Section 162.005 [of this code]; or
 2-9                 (2)  fails to properly identify an animal under [brand
2-10     or tag cattle in accordance with] Section 162.005 [of this code].
2-11           SECTION 7.  Section 162.012, Agriculture Code, is amended to
2-12     read as follows:
2-13           Sec. 162.012.  PENALTY FOR MOVEMENT OR[,] SALE[, OR DISPOSAL]
2-14     OF QUARANTINED OR DISEASED CATTLE. (a)  A person commits an offense
2-15     if the person[:]
2-16                 [(1)]  moves, sells, trades, barters, grants, or loans
2-17     animals in violation of Section 162.006(b) [of this code; or]
2-18                 [(2)  kills or destroys an animal, or removes the
2-19     carcass of an animal, in violation of Section 162.007(a) of this
2-20     code].
2-21           (b)  An offense under this section is a Class B misdemeanor
2-22     for each animal [or carcass, as applicable,] that was moved, sold,
2-23     traded, bartered, granted, or loaned[, killed, or destroyed].
2-24           SECTION 8.  This Act takes effect September 1, 2001.
2-25                                  * * * * *