C.S.H.B. 2328 78(R)    
BILL ANALYSIS


C.S.H.B. 2328
By: McReynolds
Agriculture & Livestock
Committee Report (Substituted)


BACKGROUND AND PURPOSE 

The Texas Animal Health Commission(Commission) is responsible for
protecting all livestock, domestic animals, and domestic fowl from
communicable diseases recognized by the veterinary profession.  The State
of Texas is currently experiencing a severe problem with diseases in
poultry. Avian Influenza and Exotic Newcastle Disease are threatening the
poultry industry of Texas.  C.S.H.B. 2328 allows the Texas Animal Health
Commission to regulate poultry sellers, distributors, or transporters who
do not participate in disease surveillance programs recognized by the
Commission.  

RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is expressly
granted to the Texas Animal Health Commission in SECTION  1 (Sec.
161.0411, Agriculture Code) of this bill. 

ANALYSIS

C.S.H.B. 2328 amends the Agriculture Code by adding a new section titled
"Domestic and Exotic Fowl Registration."   The bill requires a seller,
distributor, or transporter of live domestic or exotic fowl to register
annually with the Texas Animal Health Commission (Commission) . The bill
allows for  an exemption for those participating in a disease surveillance
program. The Commission shall adopt rules, prescribe and collect fees to
administer the registration process.  The substitute sets forth penalties
for failure to comply with the registration rules adopted by the
Commission.  The Commission shall adopt rules to administer the
registration program no later than January 1, 2004. 


EFFECTIVE DATE

September 1, 2003, except that Sections 161.0411 (a), (f), and (g),
Agriculture Code, as added by this Act, take effect February 1, 2004. 


COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute modifies the original granting the Animal Health Commission
the authority to exempt a person who participates in a disease
surveillance programs. The original states that the applicable section
does not apply to a person participating in disease surveillance programs.
The original bill states a person shall apply for a certificate or renewal
of registration.  The substitute changes the "shall" to "may" in
Sec.161.0411(b).