1-1                                   AN ACT
 1-2     relating to the warnings pet stores must provide concerning
 1-3     reptile-associated salmonellosis; providing an administrative
 1-4     penalty.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Chapter 81, Health and Safety Code, is amended by
 1-7     adding Subchapter I to read as follows:
 1-8                    SUBCHAPTER I.  ANIMAL-BORNE DISEASES
 1-9           Sec. 81.351.  DEFINITION.  In this subchapter, "pet store"
1-10     means a retail store that sells animals as pets.
1-11           Sec. 81.352.  WARNING SIGN REQUIRED; RULES.  (a)  The owner
1-12     or operator of a pet store that sells reptiles shall:
1-13                 (1)  post a sign warning of reptile-associated
1-14     salmonellosis in accordance with department rules; and
1-15                 (2)  ensure that a written warning related to
1-16     reptile-associated salmonellosis is provided to each purchaser of a
1-17     reptile.
1-18           (b)  The department shall adopt rules to govern:
1-19                 (1)  the form and content of the sign required by
1-20     Subsection (a) and the manner and place of posting of the sign; and
1-21                 (2)  the form and content of the written warning
1-22     required by Subsection (a).
1-23           Sec. 81.353.  ADMINISTRATIVE PENALTY.  (a)  The department
1-24     may assess an administrative penalty if a person violates this
1-25     section or a rule adopted under this section.
 2-1           (b)  In determining the amount of the penalty, the department
 2-2     shall consider:
 2-3                 (1)  the person's previous violations;
 2-4                 (2)  the seriousness of the violation;
 2-5                 (3)  any hazard to the health and safety of the public;
 2-6                 (4)  the person's demonstrated good faith; and
 2-7                 (5)  such other matters as justice may require.
 2-8           (c)  The penalty may not exceed $500 for each month a
 2-9     violation continues.
2-10           (d)  The enforcement of the penalty may be stayed during the
2-11     time the order is under judicial review if the person pays the
2-12     penalty to the clerk of the court or files a supersedeas bond with
2-13     the court in the amount of the penalty.  A person who cannot afford
2-14     to pay the penalty or file the bond may stay the enforcement by
2-15     filing an affidavit in the manner required by the Texas Rules of
2-16     Civil Procedure for a party who cannot afford to file security for
2-17     costs, subject to the right of the board to contest the affidavit
2-18     as provided by those rules.
2-19           (e)  The attorney general may sue to collect the penalty.
2-20           (f)  A proceeding to impose the penalty is considered to be a
2-21     contested case under Chapter 2001, Government Code.
2-22           SECTION 2.  This Act takes effect September 1, 2001.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I hereby certify that S.B. No. 261 passed the Senate on
         March 8, 2001, by the following vote:  Yeas 30, Nays 0, one
         present, not voting; and that the Senate concurred in House
         amendment on May 18, 2001, by a viva-voce vote.
                                             _______________________________
                                                 Secretary of the Senate
               I hereby certify that S.B. No. 261 passed the House, with
         amendment, on May 11, 2001, by a non-record vote.
                                             _______________________________
                                                Chief Clerk of the House
         Approved:
         _______________________________
                      Date
         _______________________________
                    Governor