1-1     By:  Madla                                             S.B. No. 685
 1-2           (In the Senate - Filed February 13, 2001; February 14, 2001,
 1-3     read first time and referred to Committee on Natural Resources;
 1-4     March 15, 2001, reported favorably by the following vote:  Yeas 6,
 1-5     Nays 0; March 15, 2001, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to transfer of the regulation of riding stables to the
 1-9     Texas Animal Health Commission from the Texas Department of Health.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1.  Section 2053.001, Occupations Code, is amended to
1-12     read as follows:
1-13           Sec. 2053.001.  DEFINITIONS.  In this chapter:
1-14                 (1)  "Commission" means the Texas Animal Health
1-15     Commission ["Board" means the Texas Board of Health].
1-16                 (2)  ["Commissioner" means the commissioner of public
1-17     health.]
1-18                 [(3)  "Department" means the Texas Department of
1-19     Health.]
1-20                 [(4)]  "Riding stable" means an establishment open to
1-21     the public that maintains one or more equine animals available for
1-22     hire for recreational riding or driving.
1-23           SECTION 2.  The heading to Subchapter B, Chapter 2053,
1-24     Occupations Code, is amended to read as follows:
1-25          SUBCHAPTER B.  POWERS AND DUTIES OF COMMISSION [BOARD AND
1-26                                 DEPARTMENT]
1-27           SECTION 3.  Sections 2053.011, 2053.012, 2053.013, 2053.021,
1-28     2053.022, 2053.023, 2053.031, 2053.032, 2053.033, 2053.034,
1-29     2053.035, and 2053.036, Occupations Code, are amended to read as
1-30     follows:
1-31           Sec. 2053.011.  STANDARDS.  The commission [board] shall
1-32     establish standards for the operation of riding stables that are
1-33     designed to ensure the:
1-34                 (1)  maintenance of sanitary conditions at facilities
1-35     that keep equine animals;
1-36                 (2)  facilities' proper ventilation;
1-37                 (3)  humane care and treatment of the animals,
1-38     including adequate nutrition and water; and
1-39                 (4)  exercise of reasonable care to protect the health
1-40     of the animals and to prevent the spread of disease among the
1-41     animals.
1-42           Sec. 2053.012.  GENERAL DUTIES OF COMMISSION [BOARD].  The
1-43     commission [board] may:
1-44                 (1)  adopt rules it considers necessary to carry out
1-45     this chapter; and
1-46                 (2)  enter into a contract or other agreement necessary
1-47     to carry out this chapter.
1-48           Sec. 2053.013.  POWERS AND DUTIES OF COMMISSION [DEPARTMENT].
1-49     (a)  The commission [department] may use fees collected under this
1-50     chapter only for the administration and enforcement of this
1-51     chapter.
1-52           (b)  The commission [department] may use any available funds
1-53     to pay for material, equipment, and services covered by a contract
1-54     or other agreement entered into by the commission [board].
1-55           Sec. 2053.021.  REGISTRATION REQUIRED.  A person may not
1-56     operate a riding stable unless the person holds a certificate of
1-57     registration issued by the commission [department] for each
1-58     location at which the person operates a stable.
1-59           Sec. 2053.022.  APPLICATION REQUIREMENTS.  (a)  An applicant
1-60     for registration or renewal of registration must apply on a form
1-61     prescribed by the commission [board].
1-62           (b)  An application must be accompanied by:
1-63                 (1)  a nonrefundable application or renewal fee; and
1-64                 (2)  a signed statement issued by a veterinarian
 2-1     licensed to practice in this state verifying that the veterinarian:
 2-2                       (A)  inspected the facility that is the subject
 2-3     of the application not earlier than the 90th day before the date on
 2-4     which the application is made; and
 2-5                       (B)  found that the facility complies with the
 2-6     standards established by the commission [board] under Section
 2-7     2053.011.
 2-8           (c)  An applicant shall select and compensate the inspecting
 2-9     veterinarian.
2-10           (d)  A certificate of registration may not be transferred.
2-11           Sec. 2053.023.  CONDITION OF REGISTRATION; FEES.  (a)  An
2-12     applicant for registration or renewal of registration must, before
2-13     the issuance or renewal of registration, meet standards established
2-14     by the commission [board] relating to:
2-15                 (1)  the humane care and treatment of equine animals;
2-16                 (2)  health and disease control affecting the animals;
2-17                 (3)  housing the animals;
2-18                 (4)  sanitation for the animals; and
2-19                 (5)  control of the animals.
2-20           (b)  The commission [board] shall establish reasonable fees
2-21     for registration and renewal of registration that are sufficient to
2-22     pay the costs of administering the registration program established
2-23     under this chapter.
2-24           Sec. 2053.031.  INSPECTIONS.  (a)  The commission
2-25     [department] or an agent employed under Subsection (b) may enter a
2-26     facility or other premise regulated under this chapter, at a
2-27     reasonable time, to determine if the facility or other premise
2-28     complies with the standards established by the commission [board]
2-29     if the commission [department] has reasonable grounds to believe
2-30     that the standards have been violated.
2-31           (b)  The commission [department] shall:
2-32                 (1)  employ agents to conduct inspections under
2-33     Subsection (a); and
2-34                 (2)  prescribe qualifications for the agents.
2-35           Sec. 2053.032.  DENIAL OF APPLICATION.  (a)  The commission
2-36     [commissioner] may not issue a certificate of registration to an
2-37     applicant on finding, after an inspection conducted under Section
2-38     2053.031, that the applicant does not comply with the minimum
2-39     standards established by the commission [board].
2-40           (b)  If the commission [commissioner] denies an application
2-41     under Subsection (a), the commission [commissioner] shall:
2-42                 (1)  notify the applicant in writing of the denial and
2-43     the reasons for the denial; and
2-44                 (2)  if the applicant requests a hearing on the denial,
2-45     conduct a hearing not later than the 31st day after the date the
2-46     commission [commissioner] receives the request.
2-47           (c)  The commission [commissioner] may not issue a
2-48     certificate of registration to an applicant on finding, after a
2-49     hearing under Subsection (b)(2), that the applicant does not comply
2-50     with the minimum standards established by the commission [board].
2-51           Sec. 2053.033.  REVOCATION OR SUSPENSION OF CERTIFICATE OF
2-52     REGISTRATION.  (a)  The commission [commissioner] shall notify a
2-53     person that a hearing will be held not later than the 31st day
2-54     after the date on which notice is given on finding, after an
2-55     inspection conducted under Section 2053.031, that the person fails
2-56     to comply with the minimum standards established by the commission
2-57     [board].
2-58           (b)  The commission [commissioner] may suspend a person's
2-59     certificate of registration until the hearing on finding that the
2-60     person's failure to comply with the standards constitutes a gross
2-61     violation of the standards.  A suspension under this subsection may
2-62     not continue for more than 31 days.
2-63           (c)  The commission [commissioner] shall revoke a person's
2-64     certificate of registration on finding at a hearing that the person
2-65     has failed to comply with the minimum standards.
2-66           Sec. 2053.034.  SEIZURE OF ANIMALS.  (a)  If the commission
2-67     [commissioner] suspends or revokes a person's certificate of
2-68     registration under Section 2053.033, the commission [commissioner]
2-69     may apply to a justice of the peace for an order requiring a
 3-1     sheriff, or other peace officer, to seize animals kept at the
 3-2     person's riding stable.
 3-3           (b)  A justice of the peace shall issue an order under
 3-4     Subsection (a)  on finding probable cause to believe that any
 3-5     animal kept at the person's riding stable is in danger of being
 3-6     harmed by a gross violation of the standards established by the
 3-7     commission [board].
 3-8           (c)  An employee of the commission [department] may accompany
 3-9     a peace officer to a riding stable while the officer executes an
3-10     order issued under this section.
3-11           Sec. 2053.035.  AUCTION.  (a)  If, after a hearing is
3-12     conducted under Section 2053.033, the commission [department]
3-13     revokes a person's certificate of registration, the commission
3-14     [commissioner] shall order the animals kept at the person's riding
3-15     stable to be sold at a public auction, unless the revocation is
3-16     reversed under Section 2053.037 before the date of the auction.
3-17           (b)  Proceeds from the auction shall be used to pay the
3-18     expenses incurred in conducting the auction.  Proceeds remaining
3-19     after the payment of expenses shall be paid to the person whose
3-20     certificate of registration is revoked.
3-21           (c)  A person who has a certificate of registration revoked
3-22     under Section 2053.033, or the person's agent, may not participate
3-23     in an auction ordered under Subsection (a).
3-24           (d)  If the commission [commissioner] is unable to sell an
3-25     animal at an auction ordered under Subsection (a), the commission
3-26     [commissioner] may:
3-27                 (1)  destroy the animal in a humane manner; or
3-28                 (2)  give the animal to a nonprofit animal shelter,
3-29     pound, or society for the protection of animals.
3-30           Sec. 2053.036.  INFORMAL DISPOSITION.  This subchapter does
3-31     not preclude a person registered under this chapter and the
3-32     commission [department] from making an informal disposition of a
3-33     matter using an agreed order.
3-34           SECTION 4.  (a)  This Act takes effect September 1, 2001.
3-35           (b)  As soon as practicable after the effective date of this
3-36     Act, but not later than January 1, 2002:
3-37                 (1)  all powers, duties, rights, and obligations of the
3-38     Texas Board of Health and the Texas Department of Health relating
3-39     to the regulation of riding stables under Chapter 2053, Occupations
3-40     Code, are transferred to the Texas Animal Health Commission as
3-41     provided by this Act;
3-42                 (2)  except as provided by Subsection (c) of this
3-43     section, all assets, liabilities, personnel, equipment, data,
3-44     documents, facilities, and other items relating to the regulation
3-45     of riding stables under Chapter 2053, Occupations Code, are
3-46     transferred from the Texas Board of Health and the Texas Department
3-47     of Health to the Texas Animal Health Commission; and
3-48                 (3)  any appropriation to the Texas Department of
3-49     Health relating to the regulation of riding stables under Chapter
3-50     2053, Occupations Code, is transferred to the Texas Animal Health
3-51     Commission.
3-52           (c)  The governing boards of the Texas Board of Health and
3-53     the Texas Department of Health  may decide whether to transfer to
3-54     the Texas Animal Health Commission:
3-55                 (1)  personnel who perform both duties that relate to
3-56     the regulation of riding stables under Chapter 2053, Occupations
3-57     Code, and duties that do not relate to the regulation of riding
3-58     stables under Chapter 2053, Occupations Code; and
3-59                 (2)  assets used by the Texas Board of Health and the
3-60     Texas Department of Health both in the regulation of riding stables
3-61     under Chapter 2053, Occupations Code, and for other purposes.
3-62           (d)  The officers and employees of the Texas Board of Health,
3-63     the Texas Department of Health, and the Texas Animal Health
3-64     Commission shall cooperate fully with the transfer.
3-65           (e)  The transfer of functions under Subsection (b) of this
3-66     section shall occur on the date specified in an interagency
3-67     contract between the Texas Board of Health and the Texas Animal
3-68     Health Commission.
3-69           (f)  Notwithstanding the change in law made by this Act, the
 4-1     Texas Board of Health and the Texas Department of Health retain all
 4-2     powers and duties relating to the regulation of riding stables
 4-3     under Chapter 2053, Occupations Code, until the effective date of
 4-4     the transfer under Subsection (b) of this section.
 4-5           (g)  A change in law made by this Act does not affect the
 4-6     validity of any action taken by the Texas Board of Health or the
 4-7     Texas Department of Health relating to the regulation of riding
 4-8     stables under Chapter 2053, Occupations Code, before the effective
 4-9     date of the transfer under Subsection (b) of this section.
4-10           (h)  A change in law made by this Act does not affect:
4-11                 (1)  the validity of any action taken by the Texas
4-12     Department of Health under Chapter 2053, Occupations Code, or other
4-13     law before the effective date of the change in law; or
4-14                 (2)  a civil, criminal, or administrative proceeding
4-15     completed before the effective date of the change in law.
4-16           (i)  A change in law made by this Act does not affect the
4-17     validity of a civil, criminal, or administrative proceeding,
4-18     including registration proceedings and rulemaking, in progress on
4-19     the effective date of the change in law.
4-20           (j)  All forms, rules, and procedures adopted by the Texas
4-21     Department of Health for the administration of Chapter 2053,
4-22     Occupations Code, and in effect on the effective date of this Act
4-23     remain in effect on or after that date as if adopted by the Texas
4-24     Animal Health Commission until amended, repealed, withdrawn, or
4-25     otherwise superseded by the commission.  A certificate of
4-26     registration issued under Chapter 2053, Occupations Code, and in
4-27     effect on the effective date of this Act remains in effect
4-28     according to its terms as if issued by the commission until the
4-29     certificate expires or is revoked or surrendered before its
4-30     expiration.
4-31                                  * * * * *