By: Aycock (Senate Sponsor - Estes) H.B. No. 3330

(In the Senate - Received from the House May 1, 2009; May 4, 2009, read first time and referred to Committee on Agriculture and Rural Affairs; May 19, 2009, reported favorably by the following vote: Yeas 3, Nays 0; May 19, 2009, sent to printer.)

A BILL TO BE ENTITLED

AN ACT

relating to a disease surveillance program for elk; providing a penalty.

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.

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