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A BILL TO BE ENTITLED
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AN ACT
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relating to participation in an animal identification system. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 161.056, Agriculture Code, is amended by |
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adding Subsections (a-1), (j), (k), (l), and (m) and amending |
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Subsections (c), (d), and (e) to read as follows: |
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(a-1) A person may apply for the program by submitting an |
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annual fee determined by the commission and a signed application |
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prescribed by the commission. An application form prescribed by |
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the commission must include the following information: |
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(1) a conspicuous notice that the program is voluntary |
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unless the United States Department of Agriculture imposes a |
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mandatory National Animal Identification System; |
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(2) a disclosure of the types of information collected |
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under the program; and |
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(3) notice of the persons to which information the |
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commission collects under the program may be disclosed. |
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(c) The commission may permit [require] the use of official |
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identification numbers assigned as part of the animal |
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identification program for [animal disease control, animal
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emergency management, and other] commission programs. |
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(d) The commission may [establish a date by which all
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premises must be registered and may] assess a registration fee on |
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all entities that register for a premises identification number. |
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(e) Information collected by the commission under this |
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section is exempt from the public disclosure requirements of |
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Chapter 552, Government Code. The commission may provide |
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information to another person, including a governmental entity, |
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without altering the confidential status of the information. The |
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commission may release information to the following persons if the |
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commission determines that the person has adequate protections for |
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the confidentiality of the information: |
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(1) a person who owns or controls animals and seeks |
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information regarding those animals, if the person requests the |
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information in writing; |
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(2) the attorney general's office, for the purpose of |
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law enforcement; |
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(3) the secretary of the United States Department of |
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Agriculture, for the purpose of animal health protection; |
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(4) the secretary of the Department of Homeland |
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Security, for the purpose of homeland security; |
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(5) the Department of State Health Services, for the |
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purpose of protecting the public health from zoonotic diseases; |
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(6) any person, under an order of a court of competent |
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jurisdiction; or |
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(7) a state, municipal, or county emergency management |
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authority, for the purpose of management or response to natural or |
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man-made disasters[; or
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[(8)
any person the executive director of the
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commission considers appropriate, if the executive director
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determines that:
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[(A)
livestock may be threatened by a disease,
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agent, or pest; and
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[(B)
the release of the information is related to
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actions the commission may take under this section]. |
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(j) An animal identification program developed by the |
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commission under this section shall remain voluntary unless the |
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United States Department of Agriculture sets a timeline to create |
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and implement a mandatory National Animal Identification System, at |
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which time the commission may adopt rules and implement a timeline |
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to make the program mandatory in compliance with the requirements |
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of the United States Department of Agriculture. |
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(k) Unless the commission has developed rules and a timeline |
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for implementing a mandatory program under Subsection (j), a person |
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who participates in the program may withdraw from the program at any |
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time. The commission shall delete from the program all personal |
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information relating to a participant when the participant |
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withdraws from the program. |
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(l) A person may not condition a service, benefit, license, |
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payment, or permit on participation in a program under this section |
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unless the commission has adopted rules and a timeline for |
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implementing a mandatory program under Subsection (j). |
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(m) The commission may use information from the program only |
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for disease control or to trace diseased or exposed animals. |
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SECTION 2. Sections 161.056(g) and (h), Agriculture Code, |
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are repealed. |
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SECTION 3. The Texas Animal Health Commission shall, not |
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later than November 1, 2007, provide notice of the changes to |
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Section 161.056, Agriculture Code, made by this Act to each person |
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registered on the effective date of this Act under that section and |
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provide the person with the opportunity to withdraw from the |
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program. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |
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* * * * * |