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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of disease control by the Animal Health |
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Commission. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 161.041(a), (b), (c), (d), (f), and |
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(g), Agriculture Code, are amended to read as follows: |
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Sec. 161.041. DISEASE CONTROL. (a) The commission shall |
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protect all livestock, exotic livestock, native cervidae, domestic |
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fowl, and exotic fowl from the following: |
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(1) tuberculosis; |
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(2) anthrax; |
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(3) glanders; |
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(4) infectious abortion; |
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(5) hemorrhagic septicemia; |
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(6) hog cholera; |
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(7) Malta fever; |
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(8) foot-and-mouth disease; |
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(9) rabies among animals other than canines; |
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(10) bacillary white diarrhea among fowl; |
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(11) equine infectious anemia; [and] |
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(12) transmissible spongiform encephalopathies; and |
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(13) other diseases recognized as communicable by the |
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veterinary profession. |
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(b) The commission may act to eradicate or control any |
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disease or agent of transmission for any disease that affects |
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livestock, exotic livestock, native cervidae, domestic fowl, or |
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exotic fowl, regardless of whether the disease is communicable, |
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even if the agent of transmission is an animal species that is not |
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subject to the jurisdiction of the commission. The commission may |
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adopt any rules necessary to carry out the purposes of this |
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subsection, including rules concerning testing, movement, |
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inspection, and treatment. |
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(c) A person commits an offense if the person knowingly |
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fails to handle, in accordance with rules adopted by the |
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commission, livestock, exotic livestock, native cervidae, |
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domestic fowl, or exotic fowl: |
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(1) infected with a disease listed in Subsection (a); |
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(2) exposed, as defined by commission rule, to a |
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disease listed in Subsection (a) if the commission has notified the |
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person that the animal was exposed to the disease; or |
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(3) subject to a testing requirement due to a risk of |
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exposure, as defined by commission rule, to a specific disease if |
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the commission has notified the person of the testing requirement. |
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(d) A person commits an offense if the person knowingly |
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fails to identify or refuses to permit an agent of the commission to |
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identify, in accordance with rules adopted by the commission, |
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livestock, exotic livestock, native cervidae, domestic fowl, or |
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exotic fowl infected with a disease listed in Subsection (a). |
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(e) An offense under Subsection (c) or (d) of this section |
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is a Class C misdemeanor unless it is shown on the trial of the |
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offense that the defendant has been previously convicted under this |
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section, in which event the offense is a Class B misdemeanor. |
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(f) In complying with this section, the commission |
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shall [may not infringe on or supersede the authority of any other
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agency of this state, including the authority of the Parks and
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Wildlife Department relating to wildlife. If a conflict of
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authority occurs, the commission shall assume responsibility for
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disease control efforts, but] work collaboratively with the Parks |
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and Wildlife Department [other agency] to enable each agency to |
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effectively carry out its responsibilities. |
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(g) The commission's authority to control or eradicate an |
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agent of transmission that is an animal species that is not subject |
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to the jurisdiction of the commission is limited to instances when a |
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disease that threatens livestock, exotic livestock, native |
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cervidae, domestic fowl, or exotic fowl has been confirmed or is |
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suspected to exist in that species and the commission determines |
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that a serious threat to livestock, exotic livestock, native |
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cervidae, domestic fowl, or exotic fowl exists. |
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SECTION 2. Section 43.357, Parks and Wildlife Code, is |
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amended by adding Subsection (b-1) to read as follows: |
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(b-1) The commission shall not make regulations concerning |
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movement within the release site for breeder deer based on disease |
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control under the jurisdiction of the Animal Health Commission |
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under Section 161.041, Agriculture Code. |
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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. |