By:  McReynolds                                                   H.B. No. 2328



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.  This section does not apply to a person participating in 
disease surveillance programs as recognized by the commission.
	(b)  A person shall 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 lists 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 or 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 September 1, 2003, except 
that Sections 161.0411(a), (f), and (g), Agriculture Code, as added 
by this Act, take effect February 1, 2004.