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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) and (d) 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 a conspicuous notice that the program |
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is voluntary unless the United States Department of Agriculture |
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imposes a mandatory national animal identification system. |
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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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(j) The commission may not make the use of an animal |
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identification program under this section mandatory unless a final |
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federal rule adopted in accordance with 5 U.S.C. Section 553 makes |
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the use of a national animal identification system by persons in |
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this state mandatory. If the use of a national animal |
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identification system becomes mandatory as provided by this |
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subsection, the commission may adopt rules and implement a timeline |
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to make the program under this section mandatory, but the rules may |
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not be more stringent than the federal rule mandating the use of a |
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national animal identification system. |
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(k) The commission may not require the use of national |
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animal identification system-compliant premises registration or |
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animal identification numbers or devices as part of a government |
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program except as provided by Subsection (j). |
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(l) 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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(m) 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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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, 2009, 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, 2009. |