83R7171 BEF-F

By: Schwertner S.B. No. 1233

A BILL TO BE ENTITLED

AN ACT

relating to a state animal identification program and the identification of animals vaccinated for or infected with brucellosis.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Sections 161.056(a) and (c), Agriculture Code, are amended to read as follows:

(a) In order to provide for disease control and enhance the ability to trace disease-infected animals or animals that have been exposed to disease, the commission may develop and implement a state [an] animal identification program for a species that is no more stringent than the federal animal disease traceability or animal identification program for that species [consistent with the United States Department of Agriculture's National Animal Identification System].

(c) The commission may require the use of official identification numbers assigned as part of the state animal identification program [for animal disease control, animal emergency management, and other commission programs].

SECTION 2. Section 163.064(c), Agriculture Code, is amended to read as follows:

(c) The commission may by rule regulate and require the vaccination of female cattle within all or any of the area classifications. Among other rules, the commission may adopt rules providing for:

(1) the identification of cattle to be vaccinated consistent with Section 161.056;

(2) approval of the vaccine used; and

(3) the method of administering the vaccine.

SECTION 3. Section 163.065(a), Agriculture Code, is amended to read as follows:

(a) If a tested animal shows evidence of infection with brucellosis, the person performing the test shall handle the animal in accordance with the rules of the commission. The commission may prescribe requirements according to the classification of the area in which the animal is located. Among other requirements, the commission may require the person performing the test to:

(1) furnish the owner of the animal with written data showing that the animal is infected;

(2) fire brand the animal on the left jaw with the letter "B"; and

(3) place an approved, numbered identification on the animal consistent with Section 161.056[; and

[(4) report the identification number in writing to the commission].

SECTION 4. Sections 161.056(b), (d), (g), and (h), Agriculture Code, are repealed.

SECTION 5. (a) The repeal by this Act of Section 161.056(g), Agriculture Code, does not apply to an offense committed under that subsection before the effective date of this Act. For purposes of this section, an offense is committed before the effective date of this Act if any element of the offense occurs before that date.

(b) An offense committed before the effective date of this Act is governed by Section 161.056(g), Agriculture Code, as it existed when the offense was committed, and the former law is continued in effect for that purpose.

SECTION 6. 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, 2013.