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