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 * * * * *