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A BILL TO BE ENTITLED
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AN ACT
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relating to the licensing and regulation of animal export-import |
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processing facilities; providing penalties; requiring an |
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occupational license; authorizing fees. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 161, Agriculture Code, is amended by |
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adding Subchapter E-1 to read as follows: |
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SUBCHAPTER E-1. LICENSING AND INSPECTION OF EXPORT-IMPORT |
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PROCESSING FACILITIES |
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Sec. 161.091. DEFINITION. In this subchapter, "facility" |
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means an export-import processing facility that: |
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(1) is located in this state; |
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(2) is authorized under 9 C.F.R. Part 91, Subpart B; |
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and |
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(3) has the capacity to receive and hold animals and |
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animal products for transportation in international trade. |
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Sec. 161.092. POWERS AND DUTIES OF COMMISSION. (a) The |
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commission has exclusive authority to license facilities in this |
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state. |
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(b) The commission shall adopt rules to implement, |
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administer, and enforce this subchapter, including: |
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(1) requirements to obtain and renew a license; |
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(2) standards governing a license holder's operation |
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of a facility necessary to protect the public's health, safety, and |
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welfare and the safety of animals held by a facility; |
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(3) fees for the issuance and renewal of a license in |
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amounts necessary to recover the commission's direct and indirect |
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costs of administering this subchapter; and |
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(4) a schedule of sanctions for violations of this |
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subchapter and rules adopted under this subchapter. |
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(c) A governmental entity is exempt from the license and |
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renewal fees under Subsection (b)(3). |
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Sec. 161.093. LICENSE REQUIRED. A person may not operate a |
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facility unless the person holds a license issued under this |
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subchapter. |
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Sec. 161.094. ENFORCEMENT. (a) The commission may impose |
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an administrative penalty or other administrative sanction for a |
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violation of this subchapter or a rule adopted under this |
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subchapter. Notwithstanding Section 161.148(b), the amount of an |
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administrative penalty for a violation of a rule adopted under |
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Section 161.092 may not exceed $5,000. |
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(b) The commission may suspend or revoke a license for a |
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violation of this subchapter or a rule adopted under this |
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subchapter. |
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SECTION 2. Sections 161.093 and 161.094, Agriculture Code, |
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as added by this Act, do not apply before the 90th day after rules |
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adopted under Section 161.092(b), Agriculture Code, as added by |
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this Act, become effective. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2019. |