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. Subchapter A, Chapter 2053, Occupations Code, is
1-18 amended by adding Section 2053.003 to read as follows:
1-19 Sec. 2053.003. SUNSET REVIEW. (a) The Sunset Advisory
1-20 Commission shall review this chapter, evaluate the operation and
1-21 effectiveness of this chapter, and, not later than January 1, 2003,
1-22 make recommendations to the legislature and the governor regarding:
1-23 (1) the public necessity for this chapter; and
1-24 (2) whether this chapter should be continued,
1-25 modified, or repealed.
2-1 (b) In its evaluation of this chapter under Subsection (a),
2-2 the Sunset Advisory Commission shall apply the criteria provided by
2-3 Section 325.011, Government Code, to the extent those criteria are
2-4 applicable.
2-5 SECTION 3. The heading to Subchapter B, Chapter 2053,
2-6 Occupations Code, is amended to read as follows:
2-7 SUBCHAPTER B. POWERS AND DUTIES OF COMMISSION [BOARD AND
2-8 DEPARTMENT]
2-9 SECTION 4. Sections 2053.011, 2053.012, 2053.013, 2053.021,
2-10 2053.022, 2053.023, 2053.031, 2053.032, 2053.033, 2053.034,
2-11 2053.035, and 2053.036, Occupations Code, are amended to read as
2-12 follows:
2-13 Sec. 2053.011. STANDARDS. The commission [board] shall
2-14 establish standards for the operation of riding stables that are
2-15 designed to ensure the:
2-16 (1) maintenance of sanitary conditions at facilities
2-17 that keep equine animals;
2-18 (2) facilities' proper ventilation;
2-19 (3) humane care and treatment of the animals,
2-20 including adequate nutrition and water; and
2-21 (4) exercise of reasonable care to protect the health
2-22 of the animals and to prevent the spread of disease among the
2-23 animals.
2-24 Sec. 2053.012. GENERAL DUTIES OF COMMISSION [BOARD]. The
2-25 commission [board] may:
2-26 (1) adopt rules it considers necessary to carry out
3-1 this chapter; and
3-2 (2) enter into a contract or other agreement necessary
3-3 to carry out this chapter.
3-4 Sec. 2053.013. POWERS AND DUTIES OF COMMISSION [DEPARTMENT].
3-5 (a) The commission [department] may use fees collected under this
3-6 chapter only for the administration and enforcement of this
3-7 chapter.
3-8 (b) The commission [department] may use any available funds
3-9 to pay for material, equipment, and services covered by a contract
3-10 or other agreement entered into by the commission [board].
3-11 Sec. 2053.021. REGISTRATION REQUIRED. A person may not
3-12 operate a riding stable unless the person holds a certificate of
3-13 registration issued by the commission [department] for each
3-14 location at which the person operates a stable.
3-15 Sec. 2053.022. APPLICATION REQUIREMENTS. (a) An applicant
3-16 for registration or renewal of registration must apply on a form
3-17 prescribed by the commission [board].
3-18 (b) An application must be accompanied by:
3-19 (1) a nonrefundable application or renewal fee; and
3-20 (2) a signed statement issued by a veterinarian
3-21 licensed to practice in this state verifying that the veterinarian:
3-22 (A) inspected the facility that is the subject
3-23 of the application not earlier than the 90th day before the date on
3-24 which the application is made; and
3-25 (B) found that the facility complies with the
3-26 standards established by the commission [board] under Section
4-1 2053.011.
4-2 (c) An applicant shall select and compensate the inspecting
4-3 veterinarian.
4-4 (d) A certificate of registration may not be transferred.
4-5 Sec. 2053.023. CONDITION OF REGISTRATION; FEES. (a) An
4-6 applicant for registration or renewal of registration must, before
4-7 the issuance or renewal of registration, meet standards established
4-8 by the commission [board] relating to:
4-9 (1) the humane care and treatment of equine animals;
4-10 (2) health and disease control affecting the animals;
4-11 (3) housing the animals;
4-12 (4) sanitation for the animals; and
4-13 (5) control of the animals.
4-14 (b) The commission [board] shall establish reasonable fees
4-15 for registration and renewal of registration that are sufficient to
4-16 pay the costs of administering the registration program established
4-17 under this chapter.
4-18 Sec. 2053.031. INSPECTIONS. (a) The commission
4-19 [department] or an agent employed under Subsection (b) may enter a
4-20 facility or other premise regulated under this chapter, at a
4-21 reasonable time, to determine if the facility or other premise
4-22 complies with the standards established by the commission [board]
4-23 if the commission [department] has reasonable grounds to believe
4-24 that the standards have been violated.
4-25 (b) The commission [department] shall:
4-26 (1) employ agents to conduct inspections under
5-1 Subsection (a); and
5-2 (2) prescribe qualifications for the agents.
5-3 Sec. 2053.032. DENIAL OF APPLICATION. (a) The commission
5-4 [commissioner] may not issue a certificate of registration to an
5-5 applicant on finding, after an inspection conducted under Section
5-6 2053.031, that the applicant does not comply with the minimum
5-7 standards established by the commission [board].
5-8 (b) If the commission [commissioner] denies an application
5-9 under Subsection (a), the commission [commissioner] shall:
5-10 (1) notify the applicant in writing of the denial and
5-11 the reasons for the denial; and
5-12 (2) if the applicant requests a hearing on the denial,
5-13 conduct a hearing not later than the 31st day after the date the
5-14 commission [commissioner] receives the request.
5-15 (c) The commission [commissioner] may not issue a
5-16 certificate of registration to an applicant on finding, after a
5-17 hearing under Subsection (b)(2), that the applicant does not comply
5-18 with the minimum standards established by the commission [board].
5-19 Sec. 2053.033. REVOCATION OR SUSPENSION OF CERTIFICATE OF
5-20 REGISTRATION. (a) The commission [commissioner] shall notify a
5-21 person that a hearing will be held not later than the 31st day
5-22 after the date on which notice is given on finding, after an
5-23 inspection conducted under Section 2053.031, that the person fails
5-24 to comply with the minimum standards established by the commission
5-25 [board].
5-26 (b) The commission [commissioner] may suspend a person's
6-1 certificate of registration until the hearing on finding that the
6-2 person's failure to comply with the standards constitutes a gross
6-3 violation of the standards. A suspension under this subsection may
6-4 not continue for more than 31 days.
6-5 (c) The commission [commissioner] shall revoke a person's
6-6 certificate of registration on finding at a hearing that the person
6-7 has failed to comply with the minimum standards.
6-8 Sec. 2053.034. SEIZURE OF ANIMALS. (a) If the commission
6-9 [commissioner] suspends or revokes a person's certificate of
6-10 registration under Section 2053.033, the commission [commissioner]
6-11 may apply to a justice of the peace for an order requiring a
6-12 sheriff, or other peace officer, to seize animals kept at the
6-13 person's riding stable.
6-14 (b) A justice of the peace shall issue an order under
6-15 Subsection (a) on finding probable cause to believe that any
6-16 animal kept at the person's riding stable is in danger of being
6-17 harmed by a gross violation of the standards established by the
6-18 commission [board].
6-19 (c) An employee of the commission [department] may accompany
6-20 a peace officer to a riding stable while the officer executes an
6-21 order issued under this section.
6-22 Sec. 2053.035. AUCTION. (a) If, after a hearing is
6-23 conducted under Section 2053.033, the commission [department]
6-24 revokes a person's certificate of registration, the commission
6-25 [commissioner] shall order the animals kept at the person's riding
6-26 stable to be sold at a public auction, unless the revocation is
7-1 reversed under Section 2053.037 before the date of the auction.
7-2 (b) Proceeds from the auction shall be used to pay the
7-3 expenses incurred in conducting the auction. Proceeds remaining
7-4 after the payment of expenses shall be paid to the person whose
7-5 certificate of registration is revoked.
7-6 (c) A person who has a certificate of registration revoked
7-7 under Section 2053.033, or the person's agent, may not participate
7-8 in an auction ordered under Subsection (a).
7-9 (d) If the commission [commissioner] is unable to sell an
7-10 animal at an auction ordered under Subsection (a), the commission
7-11 [commissioner] may:
7-12 (1) destroy the animal in a humane manner; or
7-13 (2) give the animal to a nonprofit animal shelter,
7-14 pound, or society for the protection of animals.
7-15 Sec. 2053.036. INFORMAL DISPOSITION. This subchapter does
7-16 not preclude a person registered under this chapter and the
7-17 commission [department] from making an informal disposition of a
7-18 matter using an agreed order.
7-19 SECTION 5. (a) This Act takes effect September 1, 2001.
7-20 (b) As soon as practicable after the effective date of this
7-21 Act, but not later than January 1, 2002:
7-22 (1) all powers, duties, rights, and obligations of the
7-23 Texas Board of Health and the Texas Department of Health relating
7-24 to the regulation of riding stables under Chapter 2053, Occupations
7-25 Code, are transferred to the Texas Animal Health Commission as
7-26 provided by this Act;
8-1 (2) except as provided by Subsection (c) of this
8-2 section, all assets, liabilities, personnel, equipment, data,
8-3 documents, facilities, and other items relating to the regulation
8-4 of riding stables under Chapter 2053, Occupations Code, are
8-5 transferred from the Texas Board of Health and the Texas Department
8-6 of Health to the Texas Animal Health Commission; and
8-7 (3) any appropriation to the Texas Department of
8-8 Health relating to the regulation of riding stables under Chapter
8-9 2053, Occupations Code, is transferred to the Texas Animal Health
8-10 Commission.
8-11 (c) The governing boards of the Texas Board of Health and
8-12 the Texas Department of Health may decide whether to transfer to
8-13 the Texas Animal Health Commission:
8-14 (1) personnel who perform both duties that relate to
8-15 the regulation of riding stables under Chapter 2053, Occupations
8-16 Code, and duties that do not relate to the regulation of riding
8-17 stables under Chapter 2053, Occupations Code; and
8-18 (2) assets used by the Texas Board of Health and the
8-19 Texas Department of Health both in the regulation of riding stables
8-20 under Chapter 2053, Occupations Code, and for other purposes.
8-21 (d) The officers and employees of the Texas Board of Health,
8-22 the Texas Department of Health, and the Texas Animal Health
8-23 Commission shall cooperate fully with the transfer.
8-24 (e) The transfer of functions under Subsection (b) of this
8-25 section shall occur on the date specified in an interagency
8-26 contract between the Texas Board of Health and the Texas Animal
9-1 Health Commission.
9-2 (f) Notwithstanding the change in law made by this Act, the
9-3 Texas Board of Health and the Texas Department of Health retain all
9-4 powers and duties relating to the regulation of riding stables
9-5 under Chapter 2053, Occupations Code, until the effective date of
9-6 the transfer under Subsection (b) of this section.
9-7 (g) A change in law made by this Act does not affect the
9-8 validity of any action taken by the Texas Board of Health or the
9-9 Texas Department of Health relating to the regulation of riding
9-10 stables under Chapter 2053, Occupations Code, before the effective
9-11 date of the transfer under Subsection (b) of this section.
9-12 (h) A change in law made by this Act does not affect:
9-13 (1) the validity of any action taken by the Texas
9-14 Department of Health under Chapter 2053, Occupations Code, or other
9-15 law before the effective date of the change in law; or
9-16 (2) a civil, criminal, or administrative proceeding
9-17 completed before the effective date of the change in law.
9-18 (i) A change in law made by this Act does not affect the
9-19 validity of a civil, criminal, or administrative proceeding,
9-20 including registration proceedings and rulemaking, in progress on
9-21 the effective date of the change in law.
9-22 (j) All forms, rules, and procedures adopted by the Texas
9-23 Department of Health for the administration of Chapter 2053,
9-24 Occupations Code, and in effect on the effective date of this Act
9-25 remain in effect on or after that date as if adopted by the Texas
9-26 Animal Health Commission until amended, repealed, withdrawn, or
10-1 otherwise superseded by the commission. A certificate of
10-2 registration issued under Chapter 2053, Occupations Code, and in
10-3 effect on the effective date of this Act remains in effect
10-4 according to its terms as if issued by the commission until the
10-5 certificate expires or is revoked or surrendered before its
10-6 expiration.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 685 passed the Senate on
March 22, 2001, by the following vote: Yeas 30, Nays 0, one
present, not voting; and that the Senate concurred in House
amendment on May 9, 2001, by a viva-voce vote.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 685 passed the House, with
amendment, on May 4, 2001, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor