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