SRC-TJG H.B. 3061 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 3061
78R11769 BDH-FBy: Flores (Hinojosa)
Natural Resources
5/21/2003
Engrossed


DIGEST AND PURPOSE 

Currently, Texas does not address the transportation and disposal of
animal remains across county lines even though countless animal-carried
diseases plague Texas counties. 

H.B. 3061 places authority to regulate matters concerning the disposal of
animal carcasses jointly with the Texas Commission on Environmental
Quality and the Texas Animal Health Commission and prohibits the
transportation of animal remains across county lines for the purpose of
disposal.   

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 161.004, Agriculture Code, as follows:

(a) Subsection created from existing text.

(b) Prohibits the Texas Commission on Environmental Quality (TCEQ) from
adopting a rule related to the disposal of livestock under this section
unless the rule is developed in cooperation with and is approved by the
Texas Animal Health Commission (TAHC). 

SECTION 2.  Amends Section 161.0415, Agriculture Code, by adding
Subsection (d) to prohibit TCEQ from adopting a rule related to the
disposal of livestock under this section unless the rule is developed in
cooperation with and is approved by TAHC. 

SECTION 3.  Amends Sections 801.361(a) and (b), Occupations Code, as
follows: 

(a) Authorizes a veterinarian, to the extent consistent with rules adopted
by TCEQ under Subsection (b), to dispose of the remains of an animal by
burial or burning if certain conditions apply. 

(b) Prohibits TCEQ, notwithstanding any other law, from adopting a rule
related to the disposal of livestock under this section unless the rule is
developed in cooperation with and is approved by the TAHC.  Deletes text
relating to prohibiting the Texas Natural Resource Conservation Commission
from adopting a rule that prohibits conduct authorized by this section. 

SECTION 4.  Effective date: upon passage or September 1, 2003.