By Glaze, Najera, Chavez, et al.                      H.B. No. 2463
         77R8632 YDB-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the issuance of permits in areas infected with or at
 1-3     high risk of infection for bovine tuberculosis.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. The heading of Subchapter A, Chapter 435, Health
 1-6     and Safety Code, is amended to read as follows:
 1-7            SUBCHAPTER A.  MILK OFFERED FOR SALE AND MILK GRADING
 1-8           SECTION 2. Section 435.006, Health and Safety Code, is
 1-9     amended to read as follows:
1-10           Sec. 435.006.  PERMIT TO SELL MILK [USE GRADE "A" LABEL]. (a)
1-11     A person who offers [desires to use a Grade "A" label in
1-12     representing, publishing, or advertising] milk or milk products
1-13     [offered] for sale or to be sold in this state must hold a permit
1-14     issued by the board.  The person must apply to the board or the
1-15     board's representative for a permit.
1-16           (b)  After receiving the application, the board or the
1-17     board's representative may determine and award the grade of milk or
1-18     milk products offered for sale by each applicant according to the
1-19     specifications for grades established under this chapter.
1-20           (c)  The board shall maintain a list of the names of all
1-21     applicants to whom the board has awarded permission to use a Grade
1-22     "A" label and remove from the list the name of a person whose
1-23     permit is revoked.
1-24           (d)  The board may not issue a permit to a person for a
 2-1     producer dairy located in an area infected with or at a high risk
 2-2     for bovine tuberculosis, as determined epidemiologically and
 2-3     defined by rule of the Texas Animal Health Commission.
 2-4           SECTION 3. Section 435.006(d), Health and Safety Code, as
 2-5     added by this Act, does not apply to a person operating in an
 2-6     infected area, as determined under that subsection, and holding a
 2-7     permit issued by the Texas Board of Health under Chapter 435,
 2-8     Health and Safety Code, before the effective date of this Act.
 2-9           SECTION 4.  This Act takes effect immediately if it receives
2-10     a vote of two-thirds of all the members elected to each house, as
2-11     provided by Section 39, Article III, Texas Constitution.  If this
2-12     Act does not receive the vote necessary for immediate effect, this
2-13     Act takes effect on the 91st day after the last day of the
2-14     legislative session.