BILL ANALYSIS

 

 

Senate Research Center

S.B. 1998

87R7586 MP-F

By: Springer

 

Water, Agriculture & Rural Affairs

 

4/15/2021

 

As Filed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

The current administrative penalty for the Texas Animal Health Commission under Chapter 161.148 is $1,000. A penalty amount of $5,000 is commonly used by other state agencies and is included in the Texas Legislative Council drafting manual. Currently, TAHC does not have the authority to assess penalties on a per head basis with large trailer loads of animals entering the state, and so the penalty is assessed on a per trailer basis. A $1,000 penalty is not an adequate deterrent for repeat offenders.

 

S.B. 1998 would increase TAHC's administrative penalties from $1,000 to $5,000.

 

As proposed, S.B. 1998 amends current law relating to administrative penalties imposed by the Texas Animal Health Commission.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends Sections 161.148(a) and (b), Agriculture Code, as follows:

 

(a) Makes nonsubstantive changes.

 

(b) Authorizes the penalty for a violation of Subtitle C (Control of Animal Diseases and Pests) or a rule or order adopted by the Texas Animal Health Commission under Subtitle C to be in an amount not to exceed $5,000, rather than $1,000.�

 

SECTION 2. Makes application of this Act prospective.

 

SECTION 3. Effective date: September 1, 2021.