78R11769 BDH-F


By:  Flores                                                       H.B. No. 3061

Substitute the following for H.B. No. 3061:                                   

By:  Swinford                                                 C.S.H.B. No. 3061



A BILL TO BE ENTITLED

AN ACT

relating to regulation of the disposal of animal remains.                     
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 161.004, Agriculture Code, is amended to 
read as follows:
	Sec. 161.004.  DISPOSAL OF DISEASED LIVESTOCK CARCASS.  (a) 
A person who is the owner or caretaker of livestock that die from a 
disease listed in Section 161.041 of this code, or who owns or 
controls the land on which the livestock die or on which the 
carcasses are found, shall, within 24 hours after the carcasses are 
found:
		(1)  bury the carcass of each animal by digging a grave 
five feet deep, placing the carcass in the grave, covering the 
carcass with lime, and filling the grave with dirt; or
		(2)  set fire to the carcass of each animal and burn it 
until it is thoroughly consumed.
	(b)  The Texas Commission on Environmental Quality may not 
adopt 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.
	SECTION 2.  Section 161.0415, Agriculture Code, is amended 
by adding Subsection (d) to read as follows:
	(d)  The Texas Commission on Environmental Quality may not 
adopt 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.
	SECTION 3.  Sections 801.361(a) and (b), Occupations Code, 
are amended to read as follows:
	(a)  To the extent consistent with rules adopted by the Texas 
Commission on Environmental Quality under Subsection (b), a [A] 
veterinarian may dispose of the remains of an animal by burial or 
burning if[:
		[(1)]  the burial or burning occurs in the county in 
which the remains are discovered and on property owned by the 
veterinarian[; and
		[(2)  the veterinarian does not charge for the burning 
or burial].
	(b)  Notwithstanding any other law, the Texas [Natural 
Resource Conservation] Commission on Environmental Quality may not 
adopt a rule related to the disposal of animal remains under this 
section unless the rule is developed in cooperation with and is 
approved by the Texas Animal Health Commission [that prohibits 
conduct authorized by this section].
	SECTION 4.  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.