By Wohlgemuth H.B. No. 3555
77R1533 BDH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to transfer of the regulation of riding stables to the
1-3 Texas Animal Health Commission from the Texas Department of Health.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 2053.001, Occupations Code, is amended to
1-6 read as follows:
1-7 Sec. 2053.001. DEFINITIONS. In this chapter:
1-8 (1) "Commission" means the Texas Animal Health
1-9 Commission ["Board" means the Texas Board of Health].
1-10 (2) ["Commissioner" means the commissioner of public
1-11 health.]
1-12 [(3) "Department" means the Texas Department of
1-13 Health.]
1-14 [(4)] "Riding stable" means an establishment open to
1-15 the public that maintains one or more equine animals available for
1-16 hire for recreational riding or driving.
1-17 SECTION 2. The heading to Subchapter B, Chapter 2053,
1-18 Occupations Code, is amended to read as follows:
1-19 SUBCHAPTER B. POWERS AND DUTIES OF COMMISSION [BOARD AND
1-20 DEPARTMENT]
1-21 SECTION 3. Sections 2053.011, 2053.012, 2053.013, 2053.021,
1-22 2053.022, 2053.023, 2053.031, 2053.032, 2053.033, 2053.034,
1-23 2053.035, and 2053.036, Occupations Code, are amended to read as
1-24 follows:
2-1 Sec. 2053.011. STANDARDS. The commission [board] shall
2-2 establish standards for the operation of riding stables that are
2-3 designed to ensure the:
2-4 (1) maintenance of sanitary conditions at facilities
2-5 that keep equine animals;
2-6 (2) facilities' proper ventilation;
2-7 (3) humane care and treatment of the animals,
2-8 including adequate nutrition and water; and
2-9 (4) exercise of reasonable care to protect the health
2-10 of the animals and to prevent the spread of disease among the
2-11 animals.
2-12 Sec. 2053.012. GENERAL DUTIES OF COMMISSION [BOARD]. The
2-13 commission [board] may:
2-14 (1) adopt rules it considers necessary to carry out
2-15 this chapter; and
2-16 (2) enter into a contract or other agreement necessary
2-17 to carry out this chapter.
2-18 Sec. 2053.013. POWERS AND DUTIES OF DEPARTMENT. (a) The
2-19 commission [department] may use fees collected under this chapter
2-20 only for the administration and enforcement of this chapter.
2-21 (b) The commission [department] may use any available funds
2-22 to pay for material, equipment, and services covered by a contract
2-23 or other agreement entered into by the commission [board].
2-24 Sec. 2053.021. REGISTRATION REQUIRED. A person may not
2-25 operate a riding stable unless the person holds a certificate of
2-26 registration issued by the commission [department] for each
2-27 location at which the person operates a stable.
3-1 Sec. 2053.022. APPLICATION REQUIREMENTS. (a) An applicant
3-2 for registration or renewal of registration must apply on a form
3-3 prescribed by the commission [board].
3-4 (b) An application must be accompanied by:
3-5 (1) a nonrefundable application or renewal fee; and
3-6 (2) a signed statement issued by a veterinarian
3-7 licensed to practice in this state verifying that the veterinarian:
3-8 (A) inspected the facility that is the subject
3-9 of the application not earlier than the 90th day before the date on
3-10 which the application is made; and
3-11 (B) found that the facility complies with the
3-12 standards established by the commission [board] under Section
3-13 2053.011.
3-14 (c) An applicant shall select and compensate the inspecting
3-15 veterinarian.
3-16 (d) A certificate of registration may not be transferred.
3-17 Sec. 2053.023. CONDITION OF REGISTRATION; FEES. (a) An
3-18 applicant for registration or renewal of registration must, before
3-19 the issuance or renewal of registration, meet standards established
3-20 by the commission [board] relating to:
3-21 (1) the humane care and treatment of equine animals;
3-22 (2) health and disease control affecting the animals;
3-23 (3) housing the animals;
3-24 (4) sanitation for the animals; and
3-25 (5) control of the animals.
3-26 (b) The commission [board] shall establish reasonable fees
3-27 for registration and renewal of registration that are sufficient to
4-1 pay the costs of administering the registration program established
4-2 under this chapter.
4-3 Sec. 2053.031. INSPECTIONS. (a) The commission [department]
4-4 or an agent employed under Subsection (b) may enter a facility or
4-5 other premise regulated under this chapter, at a reasonable time,
4-6 to determine if the facility or other premise complies with the
4-7 standards established by the commission [board] if the commission
4-8 [department] has reasonable grounds to believe that the standards
4-9 have been violated.
4-10 (b) The commission [department] shall:
4-11 (1) employ agents to conduct inspections under
4-12 Subsection (a); and
4-13 (2) prescribe qualifications for the agents.
4-14 Sec. 2053.032. DENIAL OF APPLICATION. (a) The commission
4-15 [commissioner] may not issue a certificate of registration to an
4-16 applicant on finding, after an inspection conducted under Section
4-17 2053.031, that the applicant does not comply with the minimum
4-18 standards established by the commission [board].
4-19 (b) If the commission [commissioner] denies an application
4-20 under Subsection (a), the commission [commissioner] shall:
4-21 (1) notify the applicant in writing of the denial and
4-22 the reasons for the denial; and
4-23 (2) if the applicant requests a hearing on the denial,
4-24 conduct a hearing not later than the 31st day after the date the
4-25 commission [commissioner] receives the request.
4-26 (c) The commission [commissioner] may not issue a
4-27 certificate of registration to an applicant on finding, after a
5-1 hearing under Subsection (b)(2), that the applicant does not comply
5-2 with the minimum standards established by the commission [board].
5-3 Sec. 2053.033. REVOCATION OR SUSPENSION OF CERTIFICATE OF
5-4 REGISTRATION. (a) The commission [commissioner] shall notify a
5-5 person that a hearing will be held not later than the 31st day
5-6 after the date on which notice is given on finding, after an
5-7 inspection conducted under Section 2053.031, that the person fails
5-8 to comply with the minimum standards established by the commission
5-9 [board].
5-10 (b) The commission [commissioner] may suspend a person's
5-11 certificate of registration until the hearing on finding that the
5-12 person's failure to comply with the standards constitutes a gross
5-13 violation of the standards. A suspension under this subsection may
5-14 not continue for more than 31 days.
5-15 (c) The commission [commissioner] shall revoke a person's
5-16 certificate of registration on finding at a hearing that the person
5-17 has failed to comply with the minimum standards.
5-18 Sec. 2053.034. SEIZURE OF ANIMALS. (a) If the commission
5-19 [commissioner] suspends or revokes a person's certificate of
5-20 registration under Section 2053.033, the commission [commissioner]
5-21 may apply to a justice of the peace for an order requiring a
5-22 sheriff, or other peace officer, to seize animals kept at the
5-23 person's riding stable.
5-24 (b) A justice of the peace shall issue an order under
5-25 Subsection (a) on finding probable cause to believe that any
5-26 animal kept at the person's riding stable is in danger of being
5-27 harmed by a gross violation of the standards established by the
6-1 commission [board].
6-2 (c) An employee of the commission [department] may accompany
6-3 a peace officer to a riding stable while the officer executes an
6-4 order issued under this section.
6-5 Sec. 2053.035. AUCTION. (a) If, after a hearing is
6-6 conducted under Section 2053.033, the commission [department]
6-7 revokes a person's certificate of registration, the commission
6-8 [commissioner] shall order the animals kept at the person's riding
6-9 stable to be sold at a public auction, unless the revocation is
6-10 reversed under Section 2053.037 before the date of the auction.
6-11 (b) Proceeds from the auction shall be used to pay the
6-12 expenses incurred in conducting the auction. Proceeds remaining
6-13 after the payment of expenses shall be paid to the person whose
6-14 certificate of registration is revoked.
6-15 (c) A person who has a certificate of registration revoked
6-16 under Section 2053.033, or the person's agent, may not participate
6-17 in an auction ordered under Subsection (a).
6-18 (d) If the commission [commissioner] is unable to sell an
6-19 animal at an auction ordered under Subsection (a), the commission
6-20 [commissioner] may:
6-21 (1) destroy the animal in a humane manner; or
6-22 (2) give the animal to a nonprofit animal shelter,
6-23 pound, or society for the protection of animals.
6-24 Sec. 2053.036. INFORMAL DISPOSITION. This subchapter does
6-25 not preclude a person registered under this chapter and the
6-26 commission [department] from making an informal disposition of a
6-27 matter using an agreed order.
7-1 SECTION 4. (a) This Act takes effect September 1, 2001.
7-2 (b) As soon as practicable after the effective date of this
7-3 Act, but not later than January 1, 2002:
7-4 (1) all powers, duties, rights, and obligations of the
7-5 Texas Board of Health and the Texas Department of Health relating
7-6 to the regulation of riding stables under Chapter 2053, Occupations
7-7 Code, are transferred to the Texas Animal Health Commission as
7-8 provided by this Act;
7-9 (2) except as provided by Subsection (c) of this
7-10 section, all assets, liabilities, personnel, equipment, data,
7-11 documents, facilities, and other items relating to the regulation
7-12 of riding stables under Chapter 2053, Occupations Code, are
7-13 transferred from the Texas Board of Health and the Texas Department
7-14 of Health to the Texas Animal Health Commission; and
7-15 (3) any appropriation to the Texas Department of
7-16 Health relating to the regulation of riding stables under Chapter
7-17 2053, Occupations Code, is transferred to the Texas Animal Health
7-18 Commission.
7-19 (c) The governing boards of the Texas Board of Health and
7-20 the Texas Department of Health may decide whether to transfer to
7-21 the Texas Animal Health Commission:
7-22 (1) personnel who perform both duties that relate to
7-23 the regulation of riding stables under Chapter 2053, Occupations
7-24 Code, and duties that do not relate to the regulation of riding
7-25 stables under Chapter 2053, Occupations Code; and
7-26 (2) assets used by the Texas Board of Health and the
7-27 Texas Department of Health both in the regulation of riding stables
8-1 under Chapter 2053, Occupations Code, and for other purposes.
8-2 (d) The officers and employees of the Texas Board of Health,
8-3 the Texas Department of Health, and the Texas Animal Health
8-4 Commission, shall cooperate fully with the transfer.
8-5 (e) The transfer of functions under Subsection (b) of this
8-6 section shall occur on the date specified in an interagency
8-7 contract between the Texas Board of Health and the Texas Animal
8-8 Health Commission.
8-9 (f) Notwithstanding the change in law made by this Act, the
8-10 Texas Board of Health and the Texas Department of Health retain all
8-11 powers and duties relating to the regulation of riding stables
8-12 under Chapter 2053, Occupations Code, until the effective date of
8-13 the transfer under Subsection (b) of this section.
8-14 (g) A change in law made by this Act does not affect the
8-15 validity of any action taken by the Texas Board of Health or the
8-16 Texas Department of Health relating to the regulation of riding
8-17 stables under Chapter 2053, Occupations Code, before the effective
8-18 date of the transfer under Subsection (b) of this section.
8-19 (h) A change in law made by this Act does not affect:
8-20 (1) the validity of any action taken by the Texas
8-21 Department of Health under Chapter 2053, Occupations Code, or other
8-22 law before the effective date of the change in law; or
8-23 (2) a civil, criminal, or administrative proceeding
8-24 completed before the effective date of the change in law.
8-25 (i) A change in law made by this Act does not affect the
8-26 validity of a civil, criminal, or administrative proceeding,
8-27 including registration proceedings and rulemaking, in progress on
9-1 the effective date of the change in law.
9-2 (j) All forms, rules, and procedures adopted by the Texas
9-3 Department of Health for the administration of Chapter 2053,
9-4 Occupations Code, and in effect on the effective date of this Act,
9-5 remain in effect on or after that date as if adopted by the Texas
9-6 Animal Health Commission until amended, repealed, withdrawn, or
9-7 otherwise superseded by the commission. A certificate of
9-8 registration issued under Chapter 2053, Occupations Code, and in
9-9 effect on the effective date of this Act, remains in effect
9-10 according to its terms as if issued by the commission until the
9-11 certificate expires or is revoked or surrendered before its
9-12 expiration.