By: Aycock H.B. No. 3330
 
  Substitute the following for H.B. No. 3330:
 
  By:  Swinford C.S.H.B. No. 3330
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to a disease surveillance program for elk.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter C, Chapter 161, Agriculture Code, is
  amended by adding Section 161.0541 to read as follows:
         Sec. 161.0541.  ELK DISEASE SURVEILLANCE PROGRAM. (a) The
  commission by rule may establish a disease surveillance program for
  elk.
         (b)  Rules adopted under this section must:
               (1)  require each person who moves elk in this state to
  have elk tested for chronic wasting disease or other diseases as
  determined by the commission;
               (2)  be designed to protect the health of the elk
  population in this state; and
               (3)  include provisions for testing, identification,
  transportation, and inspection under the disease surveillance
  program.
         (c)  A person commits an offense if the person knowingly
  violates a rule adopted by the commission under this section.
         (d)  An offense under Subsection (c) is a Class C misdemeanor
  unless it is shown on the trial of the offense that the defendant
  has previously been convicted of an offense under that subsection,
  in which event the offense is a Class B misdemeanor.
         SECTION 2.  This Act takes effect September 1, 2009.