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A BILL TO BE ENTITLED
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AN ACT
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relating to the continuation and operation of the Texas Animal |
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Health Commission; providing penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 161.004, Agriculture Code, is amended by |
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amending Subsection (a) and adding Subsections (c) and (d) to read |
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as follows: |
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(a) A person who is the owner or caretaker of livestock, |
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exotic livestock, domestic fowl, or exotic fowl that die from a |
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disease listed in Section 161.041 [of this code], or who owns or |
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controls the land on which the livestock, exotic livestock, |
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domestic fowl, or exotic fowl die or on which the carcasses are |
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found, shall dispose of the carcasses in the manner required by the |
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commission under this section[, within 24 hours after the carcasses
|
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are found:
|
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[(1)
bury the carcass of each animal by digging a grave
|
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five feet deep, placing the carcass in the grave, covering the
|
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carcass with lime, and filling the grave with dirt; or
|
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[(2)
set fire to the carcass of each animal and burn it
|
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until it is thoroughly consumed]. |
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(c) The commission shall: |
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(1) determine the most effective methods of disposing |
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of diseased carcasses, including methods other than burning or |
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burial; and |
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(2) by rule prescribe the method or methods that a |
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person may use to dispose of a carcass as required by Subsection |
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(a). |
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(d) The commission by rule may delegate its authority under |
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this section to the executive director. |
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SECTION 2. Subsection (d), Section 161.021, Agriculture |
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Code, is amended to read as follows: |
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(d) A person is not eligible for appointment as a public |
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member of the commission if the person or the person's spouse: |
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(1) is registered, certified, or licensed by the |
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commission; |
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(2) is employed by or participates in the management |
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of a business entity or other organization regulated by the |
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commission or receiving money [funds] from the commission; |
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(3) owns or controls, directly or indirectly, more |
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than a 10 percent interest in a business entity or other |
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organization regulated by [the commission] or receiving money |
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[funds] from the commission; or |
|
(4) uses or receives a substantial amount of tangible |
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goods, services, or money [funds] from the commission, other than |
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compensation or reimbursement authorized by law for commission |
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membership, attendance, or expenses. |
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SECTION 3. Section 161.023, Agriculture Code, is amended by |
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adding Subsection (c) to read as follows: |
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(c) A person appointed to the commission is entitled to |
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reimbursement, as provided by the General Appropriations Act, for |
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the travel expenses incurred in attending the training program, |
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regardless of whether attendance at the program occurs before or |
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after the person qualifies for the office. |
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SECTION 4. Section 161.027, Agriculture Code, is amended to |
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read as follows: |
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Sec. 161.027. SUNSET PROVISION. The Texas Animal Health |
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Commission is subject to Chapter 325, Government Code (Texas Sunset |
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Act). Unless continued in existence as provided by that chapter, |
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the commission is abolished September 1, 2019 [2007]. |
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SECTION 5. Subchapter B, Chapter 161, Agriculture Code, is |
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amended by adding Section 161.0275 to read as follows: |
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Sec. 161.0275. COMPLIANCE WITH SUNSET RECOMMENDATIONS. |
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(a) The commission shall: |
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(1) comply with and implement the management action |
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recommendations regarding the commission adopted by the Sunset |
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Advisory Commission on January 10, 2007, as a result of its review |
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of the commission; and |
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(2) report to the Sunset Advisory Commission not later |
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than November 1, 2008, the information the commission requires |
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regarding the commission's implementation of the recommendations |
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under Subdivision (1). |
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(b) This section expires June 1, 2009. |
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SECTION 6. Section 161.028, Agriculture Code, is amended to |
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read as follows: |
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Sec. 161.028. RESTRICTIONS ON COMMISSION APPOINTMENT, |
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MEMBERSHIP, AND EMPLOYMENT. (a) In this section, "Texas trade |
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association" means a cooperative and voluntarily joined statewide |
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association of business or professional competitors in this state |
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designed to assist its members and its industry or profession in |
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dealing with mutual business or professional problems and in |
|
promoting their common interest. The term does not include an |
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association formed to benefit or promote a particular breed of |
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livestock, exotic livestock, domestic fowl, or exotic fowl [An
|
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employee or paid consultant of the Texas Poultry Federation or a
|
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statewide Texas trade association in the field of livestock
|
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production may not be a member of the commission or an employee of
|
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the commission who is exempt from the state's position
|
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classification plan or is compensated at or above the amount
|
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prescribed by the General Appropriations Act for step 1, salary
|
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group 17, of the position classification salary schedule]. |
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(b) A person may not be a member of the commission and may |
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not be a commission employee in a "bona fide executive, |
|
administrative, or professional capacity," as that phrase is used |
|
for purposes of establishing an exemption to the overtime |
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provisions of the federal Fair Labor Standards Act of 1938 (29 |
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U.S.C. Section 201 et seq.), if: |
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(1) the person is an officer, employee, or paid |
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consultant of a Texas trade association in the field of livestock |
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production, exotic livestock production, domestic fowl production, |
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or exotic fowl production; or |
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(2) the person's spouse is an officer, manager, or paid |
|
consultant of a [who is the spouse of a manager or paid consultant
|
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of the Texas Poultry Federation or a statewide] Texas trade |
|
association in the field of livestock production, exotic livestock |
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production, domestic fowl production, or exotic fowl production |
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[may not be a commission member and may not be a commission employee
|
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who is exempt from the state's position classification plan or is
|
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compensated at or above the amount prescribed by the General
|
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Appropriations Act for step 1, salary group 17, of the position
|
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classification salary schedule]. |
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(c) [For the purposes of this section, a Texas trade
|
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association is a nonprofit, cooperative, and voluntarily joined
|
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association of business or professional competitors in this state
|
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designed to assist its members and its industry or profession in
|
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dealing with mutual business or professional problems and in
|
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promoting their common interest. A Texas trade association does
|
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not include an association formed to benefit or promote a
|
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particular breed of livestock or exotic livestock.
|
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[(d)] A person may not serve as a member of the commission or |
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act as the general counsel to the commission or the agency if the |
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person is required to register as a lobbyist under Chapter 305, |
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Government Code, because of the person's activities for |
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compensation on behalf of a profession related to the operation of |
|
the commission. |
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SECTION 7. Subsections (a) and (c), Section 161.029, |
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Agriculture Code, are amended to read as follows: |
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(a) It is a ground for removal from the commission if a |
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member: |
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(1) does not have at the time of appointment the |
|
qualifications required by Section 161.021 [of this code]; |
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(2) does not maintain during service on the commission |
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the qualifications required by Section 161.021 [of this code]; |
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(3) is ineligible for membership under [violates a
|
|
prohibition established by] Section 161.028 [of this code]; |
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(4) cannot discharge the member's duties for a |
|
substantial part of the term for which the member is appointed |
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because of illness or disability; or |
|
(5) is absent from more than half of the regularly |
|
scheduled commission meetings that the member is eligible to attend |
|
during a calendar year unless that absence is excused by a majority |
|
vote of the commission. |
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(c) If the executive director has knowledge that a potential |
|
ground for removal exists, the executive director shall notify the |
|
presiding officer of the commission of the potential ground. The |
|
presiding officer shall then notify the governor and the attorney |
|
general that a potential ground for removal exists. If the |
|
potential ground for removal involves the presiding officer, the |
|
executive director shall notify the next highest officer of the |
|
commission, who shall notify the governor and the attorney general |
|
that a potential ground for removal exists. |
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SECTION 8. Section 161.033, Agriculture Code, is amended to |
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read as follows: |
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Sec. 161.033. PUBLIC INTEREST INFORMATION AND COMPLAINTS. |
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(a) The commission shall maintain a system to promptly and |
|
efficiently act on complaints filed with the commission. The |
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commission shall maintain information about parties to the |
|
complaint, the subject matter of the complaint, a summary of the |
|
results of the review or investigation of the complaint, and its |
|
disposition [prepare information of public interest describing the
|
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functions of the commission and the commission's procedures by
|
|
which complaints are filed with and resolved by the commission.
The
|
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commission shall make the information available to the public and
|
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appropriate state agencies]. |
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(b) The commission shall make information available |
|
describing its procedures for complaint investigation and |
|
resolution [by rule shall establish methods by which consumers and
|
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licensees or permittees are notified of the name, mailing address,
|
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and telephone number of the commission for the purpose of directing
|
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complaints to the commission. The commission may provide for that
|
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notification:
|
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[(1)
on each registration form, application, or
|
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written contract for services of an individual or entity regulated
|
|
under this chapter; or
|
|
[(2)
in a bill for service provided by an individual or
|
|
entity regulated under this chapter]. |
|
(c) The commission shall periodically notify the parties to |
|
a complaint of the status of the complaint until its final |
|
disposition [keep a file about each written complaint filed with
|
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the commission that the commission has authority to resolve. The
|
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commission shall provide to the person filing the complaint and the
|
|
persons or entities complained about the commission's policies and
|
|
procedures pertaining to complaint investigation and resolution.
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The commission, at least quarterly and until final disposition of
|
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the complaint, shall notify the person filing the complaint and the
|
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persons or entities complained about of the status of the complaint
|
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unless the notice would jeopardize an undercover investigation.
|
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[(d)
The commission shall keep information about each
|
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complaint filed with the commission. The information shall
|
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include:
|
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[(1) the date the complaint is received;
|
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[(2) the name of the complainant;
|
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[(3) the subject matter of the complaint;
|
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[(4)
a record of all persons contacted in relation to
|
|
the complaint;
|
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[(5)
a summary of the results of the review or
|
|
investigation of the complaint; and
|
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[(6)
for complaints for which the agency took no
|
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action, an explanation of the reason the complaint was closed
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without action]. |
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SECTION 9. Subchapter B, Chapter 161, Agriculture Code, is |
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amended by adding Sections 161.0335, 161.0336, 161.039, and 161.040 |
|
to read as follows: |
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Sec. 161.0335. TECHNOLOGY POLICY. The commission shall |
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implement a policy requiring the commission to use appropriate |
|
technological solutions to improve the commission's ability to |
|
perform its functions. The policy must ensure that the public is |
|
able to interact with the commission on the Internet. |
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Sec. 161.0336. INFORMATION RELATING TO COMPLAINT |
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PROCEDURES. The commission shall: |
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(1) post information about its complaint procedures on |
|
the home page of the Internet website maintained by the commission; |
|
(2) post specific information on how to file a |
|
complaint, what types of information to provide with the complaint, |
|
and a description of the complaint process; and |
|
(3) explain on that website what types of complaints |
|
the commission has authority to resolve, distinguishing those from |
|
complaints that the commission does not have authority to resolve. |
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Sec. 161.039. COMPLIANCE POLICY AND INTERNAL OPERATING |
|
PROCEDURES. (a) The commission by rule shall adopt agencywide |
|
compliance policies and internal operating procedures and convey |
|
those policies and procedures to all officers and employees of the |
|
commission. |
|
(b) The commission by rule shall adopt clearly defined and |
|
uniform procedures addressing compliance with this chapter and |
|
commission rules. The compliance procedures shall include the |
|
commission's process for: |
|
(1) receiving and consistently responding to |
|
complaints from the public and officers and employees of the |
|
commission; |
|
(2) checking for previous violations whenever a |
|
complaint is filed; |
|
(3) involving a supervisor in the approval of key |
|
compliance decisions; and |
|
(4) regularly updating complainants on the status of |
|
their complaints. |
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Sec. 161.040. RULEMAKING AND DISPUTE RESOLUTION |
|
PROCEDURES. (a) The commission shall develop and implement a |
|
policy to encourage the use of: |
|
(1) negotiated rulemaking procedures under Chapter |
|
2008, Government Code, for the adoption of commission rules; and |
|
(2) appropriate alternative dispute resolution |
|
procedures under Chapter 2009, Government Code, to assist in the |
|
resolution of internal and external disputes under the commission's |
|
jurisdiction. |
|
(b) The commission's procedures relating to alternative |
|
dispute resolution must conform, to the extent possible, to any |
|
model guidelines issued by the State Office of Administrative |
|
Hearings for the use of alternative dispute resolution by state |
|
agencies. |
|
(c) The commission shall designate a trained person to: |
|
(1) coordinate the implementation of the policy |
|
adopted under Subsection (a); |
|
(2) serve as a resource for any training needed to |
|
implement the procedures for negotiated rulemaking or alternative |
|
dispute resolution; and |
|
(3) collect data concerning the effectiveness of those |
|
procedures, as implemented by the commission. |
|
SECTION 10. Section 161.034, Agriculture Code, is amended |
|
by adding Subsections (c) and (d) to read as follows: |
|
(c) Each meeting of the commission must be held in a |
|
location that provides adequate access to members of the public. |
|
(d) The commission shall post audio archives of its meetings |
|
on the commission's Internet website. |
|
SECTION 11. Section 161.041, Agriculture Code, is amended |
|
by amending Subsections (a) through (d) and adding Subsections (f) |
|
and (g) to read as follows: |
|
(a) The commission shall protect all livestock, exotic |
|
livestock [domestic animals], [and] domestic fowl, and exotic fowl |
|
from the following: |
|
(1) tuberculosis; |
|
(2) anthrax; |
|
(3) glanders; |
|
(4) infectious abortion; |
|
(5) hemorrhagic septicemia; |
|
(6) hog cholera; |
|
(7) Malta fever; |
|
(8) foot-and-mouth disease; |
|
(9) rabies among animals other than canines; |
|
(10) bacillary white diarrhea among fowl; |
|
(11) equine infectious anemia; and |
|
(12) other diseases recognized as communicable by the |
|
veterinary profession. |
|
(b) The commission may act to eradicate or control any |
|
disease or agent of transmission for any disease that affects |
|
livestock, exotic livestock, [domestic animals,] domestic fowl, or |
|
exotic fowl, [or canines] regardless of whether the disease is |
|
communicable, even if the agent of transmission is an animal |
|
species that is not subject to the jurisdiction of the commission. |
|
The commission may adopt any rules necessary to carry out the |
|
purposes of this subsection, including rules concerning testing, |
|
movement, inspection, and treatment. |
|
(c) A person commits an offense if the person knowingly |
|
fails to handle, in accordance with rules adopted by the |
|
commission, livestock, exotic livestock, domestic fowl, or exotic |
|
fowl [an animal] infected with a disease listed in Subsection (a) |
|
[of this section]. |
|
(d) A person commits an offense if the person knowingly |
|
fails to identify or refuses to permit an agent of the commission to |
|
identify, in accordance with rules adopted by the commission, |
|
livestock, exotic livestock, domestic fowl, or exotic fowl [an
|
|
animal] infected with a disease listed in Subsection (a) [of this
|
|
section]. |
|
(f) In complying with this section, the commission may not |
|
infringe on or supersede the authority of any other agency of this |
|
state, including the authority of the Parks and Wildlife Department |
|
relating to wildlife. If a conflict of authority occurs, the |
|
commission shall assume responsibility for disease control |
|
efforts, but work collaboratively with the other agency to enable |
|
each agency to effectively carry out its responsibilities. |
|
(g) The commission's authority to control or eradicate an |
|
agent of transmission that is an animal species that is not subject |
|
to the jurisdiction of the commission is limited to instances when a |
|
disease that threatens livestock, exotic livestock, domestic fowl, |
|
or exotic fowl has been confirmed or is suspected to exist in that |
|
species and the commission determines that a serious threat to |
|
livestock, exotic livestock, domestic fowl, or exotic fowl exists. |
|
SECTION 12. Subchapter C, Chapter 161, Agriculture Code, is |
|
amended by adding Sections 161.0412 and 161.0416 to read as |
|
follows: |
|
Sec. 161.0412. REGULATION AND REGISTRATION OF FERAL SWINE |
|
HOLDING FACILITIES. (a) The commission may, for disease control |
|
purposes, require the registration of feral swine holding |
|
facilities. |
|
(b) To prevent the spread of disease, the commission may |
|
require a person to register with the commission if the person |
|
confines feral swine in a holding facility for slaughter, sale, |
|
exhibition, hunting, or any other purpose specified by commission |
|
rule. |
|
(c) Rules adopted under this section shall include |
|
registration requirements, provisions for the issuance, |
|
revocation, and renewal of a registration, disease testing, |
|
inspections, recordkeeping, construction standards, location |
|
limitations, and provisions relating to the treatment of swine in |
|
and movement of swine to or from a feral swine holding facility. |
|
(d) Rules authorized by this section may be adopted only for |
|
disease-control purposes. |
|
Sec. 161.0416. EMERGENCY MANAGEMENT. (a) The commission |
|
may prepare and plan for, respond to, and aid in the recovery from |
|
disaster events that may affect livestock, exotic livestock, |
|
domestic fowl, or exotic fowl, including disease outbreaks, |
|
hurricanes, floods, tornadoes, wildfires, and acts of terrorism. |
|
(b) The commission may assist with local emergency |
|
management planning. This subsection may not be construed to |
|
affect the commission's responsibility under any other law, |
|
including Chapter 418, Government Code, or any responsibility |
|
delegated to the commission by an emergency management authority of |
|
this state. |
|
SECTION 13. Section 161.054, Agriculture Code, is amended |
|
to read as follows: |
|
Sec. 161.054. REGULATION OF MOVEMENT OF ANIMALS; EXCEPTION. |
|
(a) As a control measure, the commission by rule may regulate the |
|
movement of animals, including feral swine. The commission may |
|
restrict the intrastate movement of animals, including feral swine, |
|
even though the movement of the animals is unrestricted in |
|
interstate or international commerce. The commission may require |
|
testing, vaccination, or another epidemiologically sound procedure |
|
before or after animals are moved. |
|
(b) The commission by rule may prohibit or regulate the |
|
movement of animals, including feral swine, into a quarantined |
|
herd, premise, or area. |
|
(c) The commission may not adopt a rule that prohibits a |
|
person from moving animals, including feral swine, owned by that |
|
person within unquarantined contiguous lands owned or controlled by |
|
that person. |
|
(d) On application of the owner of an animal, including a |
|
feral swine, a restriction on the movement of the animal imposed |
|
under this chapter may be modified by order of the executive |
|
director of the commission if the owner demonstrates that the |
|
restriction will result in unusual hardship for the owner. In |
|
considering an application under this section, the executive |
|
director may consider the effect of prolonged drought, inadequacy |
|
of pasturage or unusual feed supply resulting from disaster or |
|
other unforeseeable circumstances, or economic hardship. |
|
(e) In connection with the regulation of the movement of |
|
feral swine, the commission by rule may require disease testing |
|
before movement of a feral swine from one location to another, and |
|
establish the conditions under which feral swine may be |
|
transported. |
|
(f) The commission's authority to regulate the movement of |
|
feral swine may not interfere with the authority of the Parks and |
|
Wildlife Department to regulate the hunting or trapping of feral |
|
swine. |
|
SECTION 14. Subsection (a), Section 161.062, Agriculture |
|
Code, is amended to read as follows: |
|
(a) Except as provided by Section 161.0615, the [The] |
|
commission shall give notice of a quarantine against another state, |
|
territory, or country by publishing notice in a newspaper published |
|
in Texas. The quarantine takes effect on the date of publication. |
|
The commission shall pay the expense of publication out of any |
|
appropriation made for office and stationery expenses of the |
|
commission. |
|
SECTION 15. Subchapter D, Chapter 161, Agriculture Code, is |
|
amended by adding Section 161.0615 to read as follows: |
|
Sec. 161.0615. STATEWIDE OR WIDESPREAD QUARANTINE. |
|
(a) The commission may quarantine livestock, exotic livestock, |
|
domestic fowl, or exotic fowl in all or any part of this state as a |
|
means of immediately restricting the movement of animals |
|
potentially infected with disease and shall clearly describe the |
|
territory included in a quarantine area. |
|
(b) The commission by rule may delegate its authority to |
|
quarantine livestock, exotic livestock, domestic fowl, or exotic |
|
fowl under this section to the executive director, who shall |
|
promptly notify the members of the commission of the quarantine. |
|
(c) The commission by rule shall prescribe the manner in |
|
which notice of a statewide or widespread quarantine under this |
|
section is to be published. |
|
SECTION 16. Subchapter H, Chapter 161, Agriculture Code, is |
|
amended by adding Sections 161.1375 and 161.150 to read as follows: |
|
Sec. 161.1375. MOVEMENT OF FERAL SWINE. (a) A person |
|
commits an offense if the person recklessly: |
|
(1) moves feral swine in a manner that is not in |
|
compliance with rules adopted by the commission under Section |
|
161.0412 or 161.054; or |
|
(2) as the owner or person in charge of a holding |
|
facility in which a feral swine is held, permits another to remove |
|
feral swine from the holding facility in a manner that is not in |
|
compliance with those rules. |
|
(b) An offense under this section is a Class C misdemeanor |
|
for each feral hog that is moved or permitted to be removed 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. |
|
Sec. 161.150. FAILURE TO REGISTER FERAL SWINE HOLDING |
|
FACILITIES; HOLDING OF FERAL SWINE. (a) A person commits an |
|
offense if the person recklessly: |
|
(1) maintains a feral swine holding facility that is |
|
not registered under Section 161.0412; or |
|
(2) as the owner or person in charge of a holding |
|
facility that is not registered under Section 161.0412, holds or |
|
permits another to hold a feral swine in the holding facility. |
|
(b) Each feral swine held or permitted to be held in |
|
violation of Subsection (a)(2) constitutes a separate offense. |
|
(c) 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 17. Section 26.303, Water Code, is amended by |
|
amending Subsection (a) and adding Subsection (a-1) to read as |
|
follows: |
|
(a) Except as provided by Subsection (a-1), the [The] |
|
commission by rule shall adopt requirements for the safe and |
|
adequate handling, storage, transportation, and disposal of |
|
poultry carcasses. The rules must: |
|
(1) specify the acceptable methods for disposal of |
|
poultry carcasses, including: |
|
(A) placement in a landfill permitted by the |
|
commission to receive municipal solid waste; |
|
(B) composting; |
|
(C) cremation or incineration; |
|
(D) extrusion; |
|
(E) on-farm freezing; |
|
(F) rendering; |
|
(G) cooking for swine food; and |
|
(H) any other method the commission determines to |
|
be appropriate; |
|
(2) require poultry carcasses stored on the site of a |
|
poultry facility to be stored in a varmint-proof receptacle to |
|
prevent odor, leakage, or spillage; |
|
(3) prohibit the storage of poultry carcasses on the |
|
site of a poultry facility for more than 72 hours; and |
|
(4) authorize the on-site burial of poultry carcasses |
|
only in the event of a major die-off that exceeds the capacity of a |
|
poultry facility to handle and dispose of poultry carcasses by the |
|
normal means used by the facility. |
|
(a-1) A rule adopted under Subsection (a) may not apply to |
|
the disposal of carcasses of poultry that died as a result of a |
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disease, which is governed by Section 161.004, Agriculture Code. |
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SECTION 18. The changes in law made by this Act to Sections |
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161.021 and 161.028, Agriculture Code, do not affect the selection |
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or term of a member or public member of the Texas Animal Health |
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Commission appointed before September 1, 2007. |
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SECTION 19. (a) Except as provided by Subsection (b) of |
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this section, the change in law made by this Act to Section 161.004, |
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Agriculture Code, takes effect January 1, 2008. |
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(b) The Texas Animal Health Commission shall adopt the rules |
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required by Section 161.004, Agriculture Code, as amended by this |
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Act, as soon as practicable after the effective date of this Act, |
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but not later than January 1, 2008. |
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SECTION 20. This Act takes effect September 1, 2007. |