C.S.H.B. 3061 78(R)    BILL ANALYSIS


C.S.H.B. 3061
By: Flores
Agriculture & Livestock
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Currently, Texas does not address the transportation and disposal of
animal remains across county lines.  Because countless animal-carried
diseases plague Texas counties yearly, and in an effort to combat the
potential spread of diseases, legislation is necessary to ensure that
animal and publichealth experts have authority to regulate this area of
health concerns and health prevention. 

The purpose of C.S.H.B. 3061 is to place 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 to prohibit the transportation of animal remains across
county lines for the purpose of disposal.   

RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is expressly
granted to the Texas Animal Health Commission and the Texas Commission on
Environmental Quality in SECTION 1 (Sec. 161.004 , Agriculture Code),
SECTION 2 (Sec. 161.0415, Agriculture Code) and SECTION 3 (Sec. 801.361,
Occupations Code) of this bill. 

ANALYSIS

C.S.H.B. 3061 amends the Agriculture Code to require the Texas Commission
on Environmental Quality (TCEQ) to seek the advice and approval of the
Texas Animal Health Commission regarding the proposal and administration
of rules on the disposal of animal remains. Similarly, the bill makes a
conforming change by amending the Occupation Code to require TCEQ to seek
the advice and approval of the Texas Animal Health Commission regarding
the proposal and administration of rules on the disposal of animal
remains.  Lastly, the bill allows veterinarians, consistent with rules
adopted by (TCEQ), to dispose of animal remains by burial or burning only
in the county in which the remains are discovered.    

EFFECTIVE DATE

Upon passage, or, if the Act does not receive the necessary vote, the Act
takes effect September 1, 2003. 

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute adds cleanup language to the bill, providing conforming
language in an additional section of the Agriculture Code that was left
out in the filed version of the bill as it relates to the dual role in the
rulemaking authority.  The substitute deletes language prohibiting
veterinarians to charge for the burning or burial service of the animal
remains.