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.