By: McReynolds, Christian, Homer, Hughes, H.B. No. 2328
Hardcastle, et al.
A BILL TO BE ENTITLED
AN ACT
relating to the registration of persons engaged in certain fowl
operations; providing a criminal penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 161, Agriculture Code, is
amended by adding Section 161.0411 to read as follows:
Sec. 161.0411. DOMESTIC AND EXOTIC FOWL REGISTRATION. (a)
A seller, distributor, or transporter of live domestic or exotic
fowl in this state shall register with the commission under this
section. The commission may exempt from registration a person
participating in a disease surveillance program recognized by the
commission.
(b) A person may apply for a certificate of registration or
a renewal of a certificate of registration under this section by
submitting an application and an annual fee prescribed by the
commission. A person must complete an application for a
certificate of registration that includes a list of each location
at which the person conducts the sale, distribution, or
transportation of domestic or exotic fowl.
(c) The commission shall adopt rules to administer this
section, including rules relating to the testing, identification,
transportation, inspection, sanitation, and disinfection of
domestic and exotic fowl.
(d) The commission shall prescribe and collect an annual fee
for registration as a seller, distributor, or transporter of
domestic or exotic fowl in this state.
(e) The commission may set fees under this section in
amounts that do not exceed the amounts necessary to enable the
commission to recover the costs of administering this section.
(f) A person commits an offense if the person knowingly
violates this section or fails to comply with an order or rule
adopted under this section.
(g) An offense under this section is a Class C misdemeanor
unless it is shown on the trial of the offense that the defendant
has been previously convicted under this section, in which event
the offense is a Class B misdemeanor.
SECTION 2. Not later than January 1, 2004, the Texas Animal
Health Commission shall adopt rules to administer Section 161.0411,
Agriculture Code, as added by this Act.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2003.