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A BILL TO BE ENTITLED
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AN ACT
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relating to making participation in an animal identification |
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program voluntary. |
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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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amending Subsections (a), (c), (d), and (e) and adding Subsections |
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(a-1), (j), and (k) to read as follows: |
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(a) In order to provide for disease control and enhance the |
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ability to trace disease-infected animals or animals that have been |
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exposed to disease, the commission may develop and implement a |
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voluntary [an] animal identification program that is, to the extent |
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required by federal law, consistent with the United States |
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Department of Agriculture's National Animal Identification System. |
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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 |
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voluntary; |
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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) A person who participates in the program may withdraw |
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from the program at any time. The commission shall delete from the |
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program all personal information relating to a participant when the |
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participant withdraws from the program. |
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(k) A person may not condition a service, benefit, license, |
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payment, or permit on participation in a program under this |
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section. |
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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: |
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(1) not later than November 1, 2007, provide notice of |
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the provisions of this Act to each person registered on the |
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effective date of this Act under Section 161.056, Agriculture Code, |
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and provide the person with the opportunity to withdraw from the |
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program; and |
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(2) not later than January 1, 2008, adopt rules as |
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required by Section 161.056, Agriculture Code, as amended by this |
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Act. |
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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. |