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 * * * * *