AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Currently, certain Agriculture Code provisions relating to the disposal of non-commercial diseased or exposed livestock and the compensation of their owners do not include domestic and exotic fowl.  Most non-commercial fowl are responsible for the transmission of disease in fowl operations, and the fowl industry would benefit from non-commercial owners taking similar precautions regarding the disposal of diseased and exposed fowl.  These precautions and measures will also avoid risks to human health due to the consumption of fowl.

 

H.B. 1521 establishes provisions relating to the slaughter of certain domestic or exotic fowl infected with or exposed to disease and the compensation of owners provided state funding is available.

 

H.B. 1521 amends current law relating to the slaughter of certain domestic or exotic fowl infected with or exposed to disease and compensation of owners of fowl infected with or exposed to disease.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  Amends the heading to Section 161.0415, Agriculture Code, to read as follows:

 

Sec. 161.0415.  DISPOSAL OF DISEASED OR EXPOSED LIVESTOCK OR FOWL.

 

SECTION 2.  Amends  Sections 161.0415(a) and (b), Agriculture Code, as follows:

 

(a) Authorizes the Texas Animal Health Commission (TAHC) by order to require the slaughter of livestock, domestic fowl, or exotic fowl, under the direction of TAHC, or the sale of livestock, domestic fowl, or exotic fowl for immediate slaughter at a public slaughtering establishment maintaining federal or state inspection if the livestock, domestic fowl, or exotic fowl is exposed to or infected with certain diseases other than bluetongue or vesicular stomatitis.

 

(b) Authorizes TAHC by order to require the slaughter and disposal of livestock, domestic fowl, or exotic fowl exposed to or infected with a disease not listed in Subsection (a) if TAHC determines that action to be necessary for the protection of animal health in this state. 

 

SECTION 3.  Amends the heading to Section 161.058, Agriculture Code, to read as follows:

 

Sec. 161.058.  COMPENSATION OF LIVESTOCK OR FOWL OWNER.

 

SECTION 4.  Amends Sections 161.058(a) and (c), Agriculture Code, as follows:

 

(a) Authorizes TAHC to pay an indemnity to the owner of livestock, domestic fowl, or exotic fowl exposed to or infected with a disease if TAHC considers it necessary to eradicate the disease and to dispose of the exposed or diseased livestock, domestic fowl, or exotic fowl. 

 

(c) Authorizes TAHC to spend funds appropriated for the purpose of this section only for direct payment to owners of exposed or infected livestock, domestic fowl, or exotic fowl.

 

SECTION 5.  Effective date: upon passage or September 1, 2013.