BILL ANALYSIS

H.B. 3569

By: Kleinschmidt

Agriculture & Livestock

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Interested parties contend that the Texas Animal Health Commission needs statutory authority to ensure that an unauthorized person does not engage in activities conducted in connection with a state or federal disease control or eradication program for animals. The parties support requiring a person to be authorized by the commission in order to engage in disease control activities. H.B. 3569 seeks to ensure uniformity in the state's animal disease control activities by proposing new provisions relating to authorized personnel for disease control.

RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is expressly granted to the Texas Animal Health Commission in SECTIONS 1, 2, and 3 of this bill.

ANALYSIS

H.B. 3569 amends the Agriculture Code to require a person, including a veterinarian, to be authorized by the Texas Animal Health Commission in order to engage in an activity that is part of a state or federal disease control or eradication program for animals. The bill requires the commission to adopt rules for such authorization not later than December 1, 2013, and authorizes the commission, after reasonable notice, to suspend or revoke a person's authorization if the commission determines that the person has substantially failed to comply with provisions governing general disease and pest control or rules adopted under those provisions. The bill entitles a person to a hearing before the commission or a hearing examiner appointed by the commission before the commission may revoke the person's authorization. The bill requires the commission to make all final decisions to suspend or revoke an authorization. The bill establishes that its provisions relating to authorized personnel for disease control do not affect the requirement for a license or an exemption under the Veterinary Licensing Act to practice veterinary medicine. The bill specifies that the authority of the commission by rule to provide for the issuance of a certificate of veterinary inspection by a veterinarian to a person transporting certain animals includes the authority to provide for electronic issuance of such a certificate.

EFFECTIVE DATE

September 1, 2013.