1-1 By: Glaze, Najera, Chavez, et al. H.B. No. 2463
1-2 (Senate Sponsor - Shapleigh)
1-3 (In the Senate - Received from the House April 27, 2001;
1-4 April 30, 2001, read first time and referred to Committee on Health
1-5 and Human Services; May 4, 2001, reported favorably by the
1-6 following vote: Yeas 6, Nays 0; May 4, 2001, sent to printer.)
1-7 A BILL TO BE ENTITLED
1-8 AN ACT
1-9 relating to the issuance of permits in areas infected with or at
1-10 high risk of infection for bovine tuberculosis.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. The heading of Subchapter A, Chapter 435, Health
1-13 and Safety Code, is amended to read as follows:
1-14 SUBCHAPTER A. MILK OFFERED FOR SALE AND MILK GRADING
1-15 SECTION 2. Section 435.006, Health and Safety Code, is
1-16 amended to read as follows:
1-17 Sec. 435.006. PERMIT TO SELL MILK [USE GRADE "A" LABEL]. (a)
1-18 A person who offers [desires to use a Grade "A" label in
1-19 representing, publishing, or advertising] milk or milk products
1-20 [offered] for sale or to be sold in this state must hold a permit
1-21 issued by the board. The person must apply to the board or the
1-22 board's representative for a permit.
1-23 (b) After receiving the application, the board or the
1-24 board's representative may determine and award the grade of milk or
1-25 milk products offered for sale by each applicant according to the
1-26 specifications for grades established under this chapter.
1-27 (c) The board shall maintain a list of the names of all
1-28 applicants to whom the board has awarded permission to use a Grade
1-29 "A" label and remove from the list the name of a person whose
1-30 permit is revoked.
1-31 (d) The board may not issue a permit to a person for a
1-32 producer dairy located in an area infected with or at a high risk
1-33 for bovine tuberculosis, as determined epidemiologically and
1-34 defined by rule of the Texas Animal Health Commission.
1-35 SECTION 3. Section 435.006(d), Health and Safety Code, as
1-36 added by this Act, does not apply to a person operating in an
1-37 infected area, as determined under that subsection, and holding a
1-38 permit issued by the Texas Board of Health under Chapter 435,
1-39 Health and Safety Code, before the effective date of this Act.
1-40 SECTION 4. This Act takes effect immediately if it receives
1-41 a vote of two-thirds of all the members elected to each house, as
1-42 provided by Section 39, Article III, Texas Constitution. If this
1-43 Act does not receive the vote necessary for immediate effect, this
1-44 Act takes effect on the 91st day after the last day of the
1-45 legislative session.
1-46 * * * * *