H.B. No. 2328




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.




______________________________              ______________________________
 
   President of the Senate                               Speaker of the House      

	I certify that H.B. No. 2328 was passed by the House on April 
30, 2003, by the following vote:  Yeas 135, Nays 0, 2 present, not 
voting.

                                                  ______________________________
                                                     Chief Clerk of the House   

	I certify that H.B. No. 2328 was passed by the Senate on May 
27, 2003, by the following vote:  Yeas 31, Nays 0.

                                                  ______________________________
                                                     Secretary of the Senate    



APPROVED:  _____________________                                            
 
                   Date                                                      




 
          _____________________                                          
 
                 Governor