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                                  * * * * *