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BILL ANALYSIS

 

 

 

H.B. 2484

By: Nevárez

Agriculture & Livestock

Committee Report (Unamended)

 

 

 

BACKGROUND AND PURPOSE

 

Interested parties note that private animal export-import processing facilities lack oversight and that oversight of such processing facilities could help protect the related livestock industry and the public's health, safety, and welfare. H.B. 2484 seeks to address this issue by providing for the licensing of such facilities.

 

CRIMINAL JUSTICE IMPACT

 

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

 

RULEMAKING AUTHORITY

 

It is the committee's opinion that rulemaking authority is expressly granted to the Department of Agriculture in SECTION 2 of this bill.

 

ANALYSIS

 

H.B. 2484 amends the Agriculture Code to establish a license requirement for a person operating an export-import processing facility that is located in Texas, is authorized under certain federal regulations, and has the capacity to receive and hold animals and animal products for transportation in international trade. The bill grants the Department of Agriculture (TDA) exclusive authority to license such facilities in Texas. The bill requires the TDA to adopt rules to implement, administer, and enforce the bill's provisions, including requirements to obtain and renew a license; standards governing a license holder's operation of a facility necessary to protect the public's health, safety, and welfare and the safety of animals held by a facility; fees for the issuance and renewal of a license in amounts necessary to recover TDA direct and indirect costs of administering the bill's provisions; and a schedule of sanctions for violations of the bill's provisions and rules adopted under those provisions. The bill exempts a governmental entity from the license and renewal fees. The bill authorizes the TDA to impose an administrative penalty or other administrative sanction for a violation of the bill's provisions or a rule adopted under those provisions and caps the administrative penalty at $5,000. The bill authorizes the TDA to suspend or revoke a license for a violation of the bill's provisions or a rule adopted under those provisions. The bill's license requirement and enforcement provisions do not apply before the 90th day after TDA rules relating to requirements to obtain and renew a license become effective.

 

EFFECTIVE DATE

 

On passage, or, if the bill does not receive the necessary vote, September 1, 2017.