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A BILL TO BE ENTITLED
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AN ACT
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relating to animal disease control by the Texas Animal Health |
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Commission; providing an administrative penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 161.041(a), Agriculture Code, is amended |
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to read as follows: |
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(a) The commission shall protect all livestock, exotic |
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livestock, domestic 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) brucellosis [infectious abortion]; |
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(5) hemorrhagic septicemia; |
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(6) classical swine fever [hog cholera]; |
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(7) [Malta fever; |
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[(8)] foot-and-mouth disease; |
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(8) [(9)] rabies among animals other than canines; |
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(9) pullorum disease [(10) bacillary white diarrhea |
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among fowl]; |
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(10) [(11)] equine infectious anemia; [and] |
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(11) fowl typhoid; |
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(12) scabies; and |
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(13) [(12)] other diseases recognized as communicable |
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by the veterinary profession. |
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SECTION 2. Section 161.0415(a), Agriculture Code, is |
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amended to read as follows: |
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(a) The commission by order may require the slaughter of |
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livestock, domestic fowl, or exotic fowl, under the direction of |
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the commission, or the sale of livestock, domestic fowl, or exotic |
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fowl for immediate slaughter at a public slaughtering establishment |
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maintaining federal or state inspection if the livestock, domestic |
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fowl, or exotic fowl is exposed to or infected with a disease other |
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than bluetongue or vesicular stomatitis that: |
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(1) is recognized by the United States Department of |
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Agriculture as: |
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(A) a foreign animal disease; or |
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(B) a reportable animal disease; |
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(2) is the subject of a cooperative eradication |
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program with the United States Department of Agriculture; |
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(3) is an animal disease reportable to the World |
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Organisation for Animal Health [named on "List A" of the Office |
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International Des Epizooties]; or |
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(4) is the subject of a state of emergency, as declared |
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by the governor. |
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SECTION 3. Section 161.061, Agriculture Code, is amended by |
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amending Subsection (a) and adding Subsection (d) to read as |
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follows: |
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(a) If the commission determines or is informed that a |
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disease listed in Section 161.041 [of this code] exists in another |
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state, territory, or country, the commission may [shall] establish |
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a quarantine against all or the portion of the state, territory, or |
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country in which the disease exists. |
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(d) The commission by rule may delegate its authority to |
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establish a quarantine under this section to the executive |
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director, who shall promptly notify the members of the commission |
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when a quarantine is established. |
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SECTION 4. Sections 161.101(a) and (b), Agriculture Code, |
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are amended to read as follows: |
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(a) A veterinarian, a veterinary diagnostic laboratory, or |
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a person having care, custody, or control of an animal shall report |
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the existence of the following diseases among livestock, exotic |
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livestock, bison, domestic fowl, or exotic fowl to the commission |
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within 24 hours after diagnosis of the disease: |
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(1) anthrax; |
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(2) avian chlamydiosis; |
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(3) avian infectious laryngotracheitis; |
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(4) [(3)] avian influenza; |
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[(4) avian tuberculosis;] |
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(5) bovine trichomoniasis; |
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(6) chronic wasting disease; |
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(7) duck virus enteritis; |
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(8) duck virus hepatitis; |
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(9) equine encephalomyelitis; |
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(10) equine herpesvirus-1 [herpes virus-1]; |
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(11) equine infectious anemia; |
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(12) equine viral arteritis; |
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(13) infectious encephalomyelitis in poultry or other |
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fowl; |
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(14) [ornithosis; |
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[(15)] paramyxovirus infection in poultry or other |
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fowl; [or] |
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(15) [(16)] scabies in sheep or cattle; |
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(16) Schmallenberg virus; or |
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(17) tuberculosis. |
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(b) In addition to reporting required by Subsection (a), the |
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commission may adopt rules that require a veterinarian, a |
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veterinary diagnostic laboratory, or a person having care, custody, |
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or control of an animal to report the existence of a disease other |
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than bluetongue in an animal to the commission within 24 hours after |
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diagnosis if the disease: |
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(1) is recognized by the United States Department of |
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Agriculture as: |
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(A) a foreign animal disease; or |
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(B) a reportable animal disease; |
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(2) is the subject of a cooperative eradication |
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program with the United States Department of Agriculture; |
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(3) is an animal [a] disease reportable to the World |
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Organisation for Animal Health [Office International Des |
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Epizooties]; or |
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(4) is the subject of a state of emergency, as declared |
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by the governor. |
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SECTION 5. Sections 161.148(a) and (d), Agriculture Code, |
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are amended to read as follows: |
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(a) The commission may impose an administrative penalty on |
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[against] a person who violates this subtitle or a rule or order |
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adopted under this subtitle. |
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(d) If the [An] executive director [who] determines that a |
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violation has occurred, the director may issue to the commission a |
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report that states the facts on which the determination is based and |
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the director's recommendation on the imposition of a penalty, |
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including a recommendation on the amount of the penalty. |
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SECTION 6. This Act takes effect September 1, 2021. |