81R15186 T
 
  By: Aycock H.B. No. 3330
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to elk participating in a disease surveillance program.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle C, Title 6, Agriculture Code,
  Subchapter C, Chapter 161, is amended by adding Section 161.0541
  Section 161.0541 (a)  Elk, being moved in commerce, in Texas, shall
  participate in a disease testing surveillance program administered
  by the Commission.
         (b)  Any person who possess and transports elk within the
  state shall test elk for CWD or other diseases as determined in
  accordance with standards established by the Commission.
         (c)  The commission shall adopt rules to administer this
  section, including rules relating to the testing, identification,
  transportation, and inspection for participants in the disease
  testing program.
         (d)  A person commits an offense if the person knowingly
  fails to handle elk, in accordance with rules adopted by the
  Commission.
         (e)  An offense under Subsection (d) of 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 2.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution. If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2009.