87R17183 MP-D
 
  By: Lucio, et al. S.B. No. 705
 
  (Cyrier)
 
  Substitute the following for S.B. No. 705:  No.
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the continuation and functions of the Texas Animal
  Health Commission.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 161.004(a), Agriculture Code, is amended
  to read as follows:
         (a)  A person who is the owner or caretaker of livestock,
  exotic livestock, domestic fowl, or exotic fowl that die from a
  disease listed by the commission in rules adopted under [in]
  Section 161.041, or who owns or controls the land on which the
  livestock, exotic livestock, domestic fowl, or exotic fowl die or
  on which the carcasses are found, shall dispose of the carcasses in
  the manner required by the commission under this section.
         SECTION 2.  Section 161.023, Agriculture Code, is amended by
  amending Subsections (a) and (b) and adding Subsection (d) to read
  as follows:
         (a)  A person who is appointed to and qualifies for office as
  a member of the commission may not vote, deliberate, or be counted
  as a member in attendance at a meeting of the commission until the
  person completes a training program that complies with this section
  [Before a member of the commission may assume the member's duties
  and before the member may be confirmed by the senate, the member
  must complete at least one course of the training program
  established under this section].
         (b)  The [A] training program must [established under this
  section shall] provide the person with information [to the member]
  regarding:
               (1)  the law governing [enabling legislation that
  created the] commission operations;
               (2)  the programs, functions, rules, and budget of
  [operated by] the commission;
               (3)  the scope of and limitations on the rulemaking
  authority [role and functions] of the commission;
               (4)  [the rules of the commission with an emphasis on
  the rules that relate to disciplinary and investigatory authority;
               [(5) the current budget for the commission;
               [(6)] the results of the most recent formal audit of the
  commission;
               (5) [(7)]  the requirements of [the]:
                     (A)  laws relating to open meetings, public
  information, administrative procedure, and disclosing conflicts of
  interest [law, Chapter 551, Government Code]; and
                     (B)  other laws applicable to members of a state
  policy-making body in performing their duties [open records law,
  Chapter 552, Government Code]; and
                     [(C)  administrative procedure law, Chapter 2001,
  Government Code;
               [(8) the requirements of the conflict of interest laws
  and other laws relating to public officials; and]
               (6) [(9)]  any applicable ethics policies adopted by
  the commission or the Texas Ethics Commission.
         (d)  The executive director of the commission shall create a
  training manual that includes the information required by
  Subsection (b). The executive director shall distribute a copy of
  the training manual annually to each member of the commission. Each
  member of the commission shall sign and submit to the executive
  director a statement acknowledging that the member received and has
  reviewed the training manual.
         SECTION 3.  Section 161.027, Agriculture Code, is amended to
  read as follows:
         Sec. 161.027.  SUNSET PROVISION. The Texas Animal Health
  Commission is subject to Chapter 325, Government Code (Texas Sunset
  Act). Unless continued in existence as provided by that chapter,
  the commission is abolished September 1, 2033 [2021].
         SECTION 4.  Section 161.029(a), Agriculture Code, is amended
  to read as follows:
         (a)  It is a ground for removal from the commission if a
  member:
               (1)  does not have at the time of taking office 
  [appointment] the qualifications required by Section 161.021;
               (2)  does not maintain during service on the commission
  the qualifications required by Section 161.021;
               (3)  is ineligible for membership under Section
  161.021(d) or 161.028;
               (4)  cannot, because of illness or disability,
  discharge the member's duties for a substantial part of the member's
  term [for which the member is appointed because of illness or
  disability]; or
               (5)  is absent from more than half of the regularly
  scheduled commission meetings that the member is eligible to attend
  during a calendar year without an excuse approved [unless that
  absence is excused] by a majority vote of the commission.
         SECTION 5.  Section 161.033(c), Agriculture Code, is amended
  to read as follows:
         (c)  The commission shall periodically notify the complaint
  parties [to a complaint] of the status of the complaint until [its]
  final disposition unless the notice would jeopardize an
  investigation.
         SECTION 6.  Sections 161.035(a) and (b), Agriculture Code,
  are amended to read as follows:
         (a)  The commission by rule may establish advisory
  committees [as it considers necessary] to make recommendations to
  the commission on programs, [assist it in developing proposed]
  rules, and policies administered by the commission [for the
  regulation of exotic livestock and exotic fowl].
         (b)  In establishing [A member of] an advisory committee
  [established] under this section, the commission shall adopt rules,
  including rules regarding:
               (1)  the purpose, role, responsibility, goals, and
  duration of the committee;
               (2)  the size of and quorum requirement for the
  committee;
               (3)  qualifications for committee membership;
               (4)  appointment procedures for members;
               (5)  terms of service for members;
               (6)  training requirements for members;
               (7)  policies to avoid conflicts of interest by
  members;
               (8)  a periodic review process to evaluate the
  continuing need for the committee; and
               (9)  policies to ensure the committee does not violate
  any provision of Chapter 551, Government Code, applicable to the
  commission or the committee [serves at the pleasure of the
  commission].
         SECTION 7.  Subchapter B, Chapter 161, Agriculture Code, is
  amended by adding Section 161.0375 to read as follows:
         Sec. 161.0375.  PERIODIC REVIEW OF COMPLIANCE INFORMATION.
  (a) The commission shall analyze, on a statewide and regional
  basis, violations of this subtitle. The commission shall consider:
               (1)  violation types and disposition;
               (2)  persons who are repeat offenders; and
               (3)  persons who commit the most serious offenses.
         (b)  The commission shall use the analysis under Subsection
  (a) to compare enforcement practices across each region and
  determine:
               (1)  training needs;
               (2)  gaps in enforcement authority; and
               (3)  effective enforcement activities.
         (c)  The commission shall conduct the analysis under
  Subsection (a) on a periodic basis to ensure that the information
  reflects current enforcement practices.
         (d)  The commission shall timely enter and share compliance
  and enforcement information on a statewide and regional basis.
         SECTION 8.  Sections 161.041(a), (c), and (d), Agriculture
  Code, are amended to read as follows:
         (a)  The commission shall protect all livestock, exotic
  livestock, domestic fowl, and exotic fowl from diseases the
  commission determines require control or eradication. The
  commission shall adopt and periodically update rules listing the
  diseases that require control or eradication by the commission.  
  Section 2001.0045, Government Code, does not apply to rules adopted
  under this subsection [the following:
               [(1)  tuberculosis;
               [(2)  anthrax;
               [(3)  glanders;
               [(4)  infectious abortion;
               [(5)  hemorrhagic septicemia;
               [(6)  hog cholera;
               [(7)  Malta fever;
               [(8)  foot-and-mouth disease;
               [(9)  rabies among animals other than canines;
               [(10)  bacillary white diarrhea among fowl;
               [(11)  equine infectious anemia; and
               [(12)  other diseases recognized as communicable by the
  veterinary profession].
         (c)  A person commits an offense if the person knowingly
  fails to handle, in accordance with rules adopted by the
  commission, livestock, exotic livestock, domestic fowl, or exotic
  fowl:
               (1)  infected with a disease listed by the commission
  by rule under [in] Subsection (a);
               (2)  exposed, as defined by commission rule, to a
  disease listed by the commission by rule under [in] Subsection (a)
  if the commission has notified the person that the animal was
  exposed to the disease; or
               (3)  subject to a testing requirement due to a risk of
  exposure, as defined by commission rule, to a specific disease if
  the commission has notified the person of the testing requirement.
         (d)  A person commits an offense if the person knowingly
  fails to identify or refuses to permit an agent of the commission to
  identify, in accordance with rules adopted by the commission,
  livestock, exotic livestock, domestic fowl, or exotic fowl infected
  with a disease listed by the commission by rule under [in]
  Subsection (a).
         SECTION 9.  Section 161.0415(a), Agriculture Code, is
  amended to read as follows:
         (a)  The commission by order may require the slaughter of
  livestock, domestic fowl, or exotic fowl, under the direction of
  the commission, or the sale of livestock, domestic fowl, or exotic
  fowl for immediate slaughter at a public slaughtering establishment
  maintaining federal or state inspection if the livestock, domestic
  fowl, or exotic fowl is exposed to or infected with a disease other
  than bluetongue or vesicular stomatitis that:
               (1)  is recognized by the United States Department of
  Agriculture as:
                     (A)  a foreign animal disease; or
                     (B)  a reportable animal disease;
               (2)  is the subject of a cooperative eradication
  program with the United States Department of Agriculture;
               (3)  is an animal disease reportable to the World
  Organisation for Animal Health [named on "List A" of the Office
  International Des Epizooties]; or
               (4)  is the subject of a state of emergency, as declared
  by the governor.
         SECTION 10.  Subchapter C, Chapter 161, Agriculture Code, is
  amended by adding Section 161.0603 to read as follows:
         Sec. 161.0603.  LABORATORY TESTING. (a) The Texas A&M
  Veterinary Medical Diagnostic Laboratory is the state's regulatory
  animal health laboratory.
         (b)  This section does not prevent the commission from:
               (1)  using a laboratory other than the Texas A&M
  Veterinary Medical Diagnostic Laboratory for a test as needed; or
               (2)  collecting specimens and performing field tests to
  diagnose animal diseases.
         (c)  The commission and the Texas A&M Veterinary Medical
  Diagnostic Laboratory shall enter into a memorandum of
  understanding to:
               (1)  establish the laboratory services to be performed
  by the Texas A&M Veterinary Medical Diagnostic Laboratory;
               (2)  provide reporting requirements for the Texas A&M
  Veterinary Medical Diagnostic Laboratory on all test requests
  received from the commission; and
               (3)  set fees associated with laboratory services
  performed for the commission in amounts sufficient to recover the
  costs of those services.
         (d)  The commission and the Texas A&M Veterinary Medical
  Diagnostic Laboratory shall annually review the memorandum of
  understanding under Subsection (c).
         SECTION 11.  Section 161.061, Agriculture Code, is amended
  to read as follows:
         Sec. 161.061.  ESTABLISHMENT. (a) The [If the] commission
  may [determines or is informed that a disease listed in Section
  161.041 of this code exists in another state, territory, or
  country, the commission shall] establish a quarantine against all
  or the portion of a [the] state, territory, or country in which a 
  [the] disease listed in rules adopted under Section 161.041 exists.
         (b)  A [If the commission determines that a disease listed in
  Section 161.041 of this code or an agency of transmission of one of
  those diseases exists in a place in this state or among livestock,
  exotic livestock, domestic animals, domestic fowl, or exotic fowl,
  or that a place in this state or livestock, exotic livestock,
  domestic animals, domestic fowl, or exotic fowl are exposed to one
  of those diseases or an agency of transmission of one of those
  diseases, the commission shall establish a quarantine on the
  affected animals or on the affected place. The] quarantine
  established under Subsection (a) [of an affected place] may extend
  to any affected area, including a county, district, pasture, lot,
  ranch, farm, field, range, thoroughfare, building, stable, or
  stockyard pen.
         (c)  The commission may establish a quarantine to prohibit or
  regulate the movement of:
               (1)  any article or animal that the commission
  designates to be a carrier of a disease listed in rules adopted
  under [in] Section 161.041 [of this code] or a potential carrier of
  one of those diseases, if movement is not otherwise regulated or
  prohibited; and
               (2)  an animal into an affected area, including a
  county district, pasture, lot, ranch, farm, field, range,
  thoroughfare, building, stable, or stockyard pen.
         (d)  The commission by rule may delegate its authority to
  establish a quarantine under this section to the executive
  director, who shall promptly notify the members of the commission
  when a quarantine is established.
         SECTION 12.  Section 161.065(c), Agriculture Code, is
  amended to read as follows:
         (c)  If the commission finds animals that have been moved in
  violation of a quarantine established under this chapter or in
  violation of any other livestock sanitary law, the commission shall
  quarantine the animals until they have been properly treated,
  vaccinated, tested, [dipped,] or disposed of in accordance with the
  rules of the commission.
         SECTION 13.  Sections 161.101(a), (b), and (c), Agriculture
  Code, are amended to read as follows:
         (a)  A veterinarian, a veterinary diagnostic laboratory, or
  a person having care, custody, or control of an animal shall report
  to the commission the existence of [the following] diseases listed
  in rules adopted by the commission among livestock, exotic
  livestock, bison, domestic fowl, or exotic fowl [to the commission]
  within 24 hours after diagnosis of the disease. The commission
  shall adopt and periodically update rules listing the diseases that
  the commission determines require reporting under this section.  
  Section 2001.0045, Government Code, does not apply to rules adopted
  under this subsection[:
               [(1)  anthrax;
               [(2)  avian infectious laryngotracheitis;
               [(3)  avian influenza;
               [(4)  avian tuberculosis;
               [(5)  bovine trichomoniasis;
               [(6)  chronic wasting disease;
               [(7)  duck virus enteritis;
               [(8)  duck virus hepatitis;
               [(9)  equine encephalomyelitis;
               [(10)  equine herpes virus-1;
               [(11)  equine infectious anemia;
               [(12)  equine viral arteritis;
               [(13)  infectious encephalomyelitis in poultry or
  other fowl;
               [(14)  ornithosis;
               [(15)  paramyxovirus infection in poultry or other
  fowl; or
               [(16)  scabies in sheep or cattle].
         (b)  In addition to reporting required by Subsection (a), the
  commission may adopt rules that require a veterinarian, a
  veterinary diagnostic laboratory, or a person having care, custody,
  or control of an animal to report the existence of a disease other
  than bluetongue in an animal to the commission within 24 hours after
  diagnosis if the disease:
               (1)  is recognized by the United States Department of
  Agriculture as:
                     (A)  a foreign animal disease; or
                     (B)  a reportable animal disease;
               (2)  is the subject of a cooperative eradication
  program with the United States Department of Agriculture;
               (3)  is an animal [a] disease reportable to the World
  Organisation for Animal Health [Office International Des
  Epizooties]; or
               (4)  is the subject of a state of emergency, as declared
  by the governor.
         (c)  The commission may adopt rules that require a
  veterinarian, a veterinary diagnostic laboratory, or a person
  having care, custody, or control of an animal to report a disease
  not covered by Subsection (a) or (b) if the commission determines
  that action to be necessary for the protection of animal health in
  this state. The commission shall immediately deliver a copy of a
  rule adopted under this subsection to the appropriate legislative
  oversight committees. [A rule adopted by the commission under this
  subsection expires on the first day after the last day of the first
  regular legislative session that begins after adoption of the rule
  unless the rule is continued in effect by act of the legislature.]
         SECTION 14.  Section 161.112(a), Agriculture Code, is
  amended to read as follows:
         (a)  Following notice and public hearing, the commission
  shall adopt rules relating to the movement of livestock, exotic
  livestock, and exotic fowl from livestock markets and shall require
  tests, immunization, or treatment [and dipping of those livestock]
  as necessary to protect against the spread of communicable
  diseases.
         SECTION 15.  Section 161.113, Agriculture Code, is amended
  to read as follows:
         Sec. 161.113.  TESTING, [OR] TREATMENT, OR VACCINATION OF
  LIVESTOCK.  (a)  The [If the] commission shall adopt rules for
  [requires] testing, treatment, or vaccination under this
  subchapter[, the testing or vaccination must be performed by an
  accredited veterinarian or qualified person authorized by the
  commission]. The state may not be required to pay the cost of fees
  charged for the testing, treatment, or vaccination.
         (b)  If the commission requires the dipping of livestock
  under this subchapter, the livestock shall be [submerged in a vat,
  sprayed, or] treated in a [another sanitary] manner prescribed by
  rule of the commission.
         (c)  The commission may require the owner or operator of a
  livestock market to furnish adequate equipment or facilities
  [chutes or holding pens or to furnish] or have access to [other]
  essential equipment or [testing and dipping] facilities within the
  immediate vicinity of the livestock market.
         SECTION 16.  Section 161.134, Agriculture Code, is amended
  to read as follows:
         Sec. 161.134.  PROOF OF TREATMENT OR VACCINATION. In the
  trial of any case involving the compliance of an owner or caretaker
  with a provision of this chapter requiring the treatment or[,]
  vaccination[, dipping, or disinfecting] of livestock, a person may
  not attempt to prove that the action was taken by a person other
  than an authorized representative of the commission.
         SECTION 17.  Section 162.004(c), Agriculture Code, is
  amended to read as follows:
         (c)  A certificate under this section must be:
               (1)  in a form prescribed by the commission; and
               (2)  [must be] sent to the commission within the time
  prescribed by the commission by rule [48 hours after completion of
  the test or vaccination].
         SECTION 18.  Section 164.002(c), Agriculture Code, is
  amended to read as follows:
         (c)  Cattle or sheep are not exposed to scabies under
  Subsection (b) of this section if the place or plant has been
  disinfected since the infected cattle or sheep were removed. This
  subsection does not exempt the cattle or sheep from treatment
  [dipping] required by this chapter.
         SECTION 19.  Section 164.004, Agriculture Code, is amended
  to read as follows:
         Sec. 164.004.  DUTIES OF INSPECTORS. (a) All treatments
  [dippings], inspections, and certifications for scabies
  eradication and the disinfection of all equipment or facilities
  [cars, sheds, boats, chutes, alleys, platforms, pens, or yards]
  required by this chapter shall be performed by or under the
  supervision of an inspector.
         (b)  Local inspectors shall perform all duties necessary for 
  [to] the treatment, inspection, [dipping,] and certification of
  livestock under this chapter.
         SECTION 20.  Section 164.005(a), Agriculture Code, is
  amended to read as follows:
         (a)  An inspector is entitled to enter any public or private
  place where cattle or sheep are kept or ranged for the purpose of:
               (1)  ascertaining the presence of scabies infection;
               (2)  ascertaining any exposure to scabies; or
               (3)  inspecting, classifying, or treating [dipping]
  cattle or sheep for scabies infection or exposure.
         SECTION 21.  The heading to Subchapter B, Chapter 164,
  Agriculture Code, is amended to read as follows:
  SUBCHAPTER B. TREATMENT [DIPPING]
         SECTION 22.  Section 164.021, Agriculture Code, is amended
  to read as follows:
         Sec. 164.021.  TREATMENT [DIPPING] REQUIRED ON ORDER OF
  COMMISSION. (a) The commission by written order may direct a
  person who owns, controls, or cares for cattle or sheep that are
  scabies-infected or are exposed to scabies, to treat [dip] any or
  all of those animals for the purpose of destroying, eradicating,
  curing, or removing a scabies infection or a source of exposure to
  scabies.
         (b)  An order of the commission under this section must be
  signed by the commission or the presiding officer of the commission
  and must contain the following:
               (1)  the date of issuance;
               (2)  the name of the person to whom the order is made;
               (3)  the approximate location of the premises on which
  the animals are located;
               (4)  the county in which the premises are located;
               (5)  a statement in clear and intelligible language
  that the sheep or cattle that the person owns, controls, or cares
  for are infected with or exposed to scabies;
               (6)  an order directing the person to treat [dip] the
  animals, under the supervision of an inspector and in the manner
  prescribed by the commission[, in a dipping solution provided by
  this chapter or in a designated solution approved for that purpose
  by rule of the commission]; and
               (7)  a designation of the date, time, and place that the
  treatment [dipping] is to occur.
         (c)  An order under this section must be delivered to the
  person owning or controlling the cattle or sheep not later than the
  14th day before the date and time for the treatment [dipping]
  designated in the order.
         SECTION 23.  Sections 164.022(a), (d), and (e), Agriculture
  Code, are amended to read as follows:
         (a)  Not later than the fifth day following the day on which a
  person receives an order to treat [dip] cattle or sheep, the person
  may file with the commission or the presiding officer of the
  commission a written affidavit that:
               (1)  denies that the animals are subject to being
  treated [dipped] under this chapter, or states that, for good and
  sufficient reason set out in the affidavit, the person is entitled
  to have the order rescinded or the treatment [dipping] postponed;
  and
               (2)  requests that the commission withhold enforcement
  of the order and grant a hearing on the matter or investigate the
  matter as necessary to determine the correctness of the statement
  contained in the affidavit.
         (d)  If the commission finds that the statement in the
  affidavit is correct, the commission shall rescind the order or
  postpone the treatment [dipping] until a time that the commission
  considers proper. If the commission finds that the statement in the
  affidavit is not correct, the commission shall enforce the order on
  the date and at the time designated in the order.
         (e)  Following a hearing, the commission shall deliver its
  written findings to the affiant not later than the fourth day before
  the date and time that the order requires the animals to be treated
  [dipped].
         SECTION 24.  Section 164.023, Agriculture Code, is amended
  to read as follows:
         Sec. 164.023.  METHOD OF TREATMENT [DIPPING]. The
  commission by rule shall prescribe the methods of treatment
  available for the treatment of scabies [If the commission requires
  the dipping of animals] under this chapter[, the animals shall be
  submerged in a vat, sprayed, or treated in another sanitary manner
  prescribed by the commission].
         SECTION 25.  Section 164.028, Agriculture Code, is amended
  to read as follows:
         Sec. 164.028.  TREATMENT [DIPPING] AT EXPENSE OF COUNTY. If
  a person ordered to treat [dip] cattle or sheep under this chapter
  fails or refuses to treat [dip] the animals, the county
  commissioners court shall:
               (1)  provide the necessary equipment and [vats, pens,
  other] facilities for the treatment of the animals;
               (2)  [, and materials, shall] have the animals treated
  [dipped] in accordance with this chapter;[,] and
               (3)  [shall] pay the expenses of the treatment
  [dipping] by warrant drawn on the general funds of the county.
         SECTION 26.  Section 164.041(a), Agriculture Code, is
  amended to read as follows:
         (a)  The [If the] commission may [determines or is informed
  that scabies exists among cattle in another state, territory, or
  country, the commission shall] establish a quarantine against all
  or the portion of a [the] state, territory, or country in which the
  commission determines scabies [the disease] exists. A [The]
  quarantine established under this section is governed by Chapter
  161 [of this code], except that only a scabies inspector recognized
  by the commission for that purpose in the quarantine notice may
  issue certificates or permits for the movement of cattle subject to
  the quarantine. A person who violates the quarantine is subject to
  the penalties provided by Chapter 161 [that chapter].
         SECTION 27.  Section 164.044(b), Agriculture Code, is
  amended to read as follows:
         (b)  If the commission finds animals that have been moved in
  violation of a quarantine established under this chapter, the
  commission shall quarantine the animals until they have been
  properly tested or treated [dipped] in accordance with the rules of
  the commission.
         SECTION 28.  Section 164.062(a), Agriculture Code, is
  amended to read as follows:
         (a)  A person may not import sheep into this state unless the
  shipment is accompanied by a certificate certifying that:
               (1)  the sheep are free from scabies infection and
  exposure; or
               (2)  the sheep have been treated by a method [dipped in
  a solution] recognized by the Animal and Plant Health Inspection
  Service, United States Department of Agriculture, for eradication
  of sheep scabies and in a manner designed to have eradicated
  infection or exposure within 10 days prior to the date of
  importation.
         SECTION 29.  Section 164.063, Agriculture Code, is amended
  to read as follows:
         Sec. 164.063.  QUARANTINE OF IMPORTED SHEEP. If the
  certificate for a shipment of sheep shows that the sheep were
  treated [dipped] at the point of origin in accordance with Section
  164.062(a)(2) [of this code], the sheep shall be quarantined at the
  range on which the sheep are placed in this state for a period of 180
  days.
         SECTION 30.  Section 164.064, Agriculture Code, is amended
  to read as follows:
         Sec. 164.064.  DESIGNATION OF INFECTED OR FREE AREAS;
  TREATMENT [DIPPING] REQUIREMENTS. The commission may adopt rules
  designating areas as infected or free from infection and shall
  establish treatment [dipping] requirements for the importation of
  sheep into this state.
         SECTION 31.  Section 164.065, Agriculture Code, is amended
  to read as follows:
         Sec. 164.065.  EXHIBITIONS. The commission shall provide an
  importer of show sheep a reasonable length of time, not to exceed 60
  days after the date of importation, in which to display the sheep at
  county fairs or livestock exhibitions. The importer shall keep the
  sheep separate from all sheep other than show sheep and shall treat
  [dip] the sheep as required by the commission [at least once] before
  they are distributed to the range.
         SECTION 32.  The heading to Section 164.083, Agriculture
  Code, is amended to read as follows:
         Sec. 164.083.  FAILURE TO TREAT [DIP] FOR SCABIES.
         SECTION 33.  Section 164.083(a), Agriculture Code, is
  amended to read as follows:
         (a)  A person commits an offense if the person:
               (1)  owns, controls, or cares for cattle or sheep
  infected with scabies or cattle or sheep that have been exposed to
  scabies infection within six months prior to the date of an order to
  treat [dip] under Section 164.021 [of this code]; and
               (2)  fails or refuses to treat [dip] the sheep or cattle
  at the time and in the manner provided by the order of the
  commission.
         SECTION 34.  Section 164.085(a), Agriculture Code, is
  amended to read as follows:
         (a)  A person commits an offense if the person:
               (1)  refuses to permit an inspector to enter any
  premises of which the person is the owner, tenant, or caretaker for
  the purpose of inspecting, classifying, or treating [dipping]
  animals infected or exposed to scabies; or
               (2)  refuses to gather animals in accordance with
  Section 164.005(c) [of this code].
         SECTION 35.  Section 165.022, Agriculture Code, is amended
  to read as follows:
         Sec. 165.022.  METHOD OF DISEASE ERADICATION. Following
  notice and public hearing, the commission shall adopt rules for the
  enforcement of this subchapter, including rules providing for the
  manner, method, and system of eradicating swine diseases. The
  commission may by a two-thirds vote adopt rules more stringent than
  [may not exceed] the rules relating to minimum standards for
  cooperative programs adopted by the Animal and Plant Health
  Inspection Service of the United States Department of Agriculture.
         SECTION 36.  Section 28.03(i), Penal Code, is amended to
  read as follows:
         (i)  Notwithstanding Subsection (b), an offense under this
  section is a felony of the first degree if the property is livestock
  and the damage is caused by introducing bovine spongiform
  encephalopathy, commonly known as mad cow disease, or a disease
  listed in rules adopted [described] by the Texas Animal Health
  Commission under Section 161.041(a), Agriculture Code. In this
  subsection, "livestock" has the meaning assigned by Section
  161.001, Agriculture Code.
         SECTION 37.  Sections 161.035(c), 164.024, 164.025,
  164.026, 164.027, 165.002, and 167.058, Agriculture Code, are
  repealed.
         SECTION 38.  The changes in law made by this Act to Sections
  161.041(c) and (d), 164.083(a), and 164.085(a), Agriculture Code,
  and Section 28.03(i), Penal Code, apply only to an offense or
  violation committed on or after the effective date of this Act. An
  offense or violation committed before the effective date of this
  Act is governed by the law in effect on the date the offense or
  violation was committed, and the former law is continued in effect
  for that purpose. For purposes of this section, an offense or
  violation was committed before the effective date of this Act if any
  element of the offense or violation occurred before that date.
         SECTION 39.  (a) Except as provided by Subsection (b) of
  this section, Section 161.023, Agriculture Code, as amended by this
  Act, applies to a member of the Texas Animal Health Commission who
  is appointed before, on, or after the effective date of this Act.
         (b)  A member of the Texas Animal Health Commission who,
  before the effective date of this Act, completed the training
  program required by Section 161.023, Agriculture Code, as that law
  existed before the effective date of this Act, is only required to
  complete additional training on the subjects added by this Act to
  the training program required by Section 161.023, Agriculture Code.
  A commission member described by this subsection may not vote,
  deliberate, or be counted as a member in attendance at a meeting of
  the commission held on or after December 1, 2021, until the member
  completes the additional training.
         SECTION 40.  Not later than March 1, 2022, the Texas Animal
  Health Commission shall:
               (1)  adopt rules necessary to implement Sections
  161.041, 161.101, 161.113, and 164.023, Agriculture Code, as
  amended by this Act; and
               (2)  complete the initial analysis of violations
  required by Section 161.0375, Agriculture Code, as added by this
  Act.
         SECTION 41.  Not later than January 1, 2022, the Texas Animal
  Health Commission and the Texas A&M Veterinary Medical Diagnostic
  Laboratory shall adopt the memorandum of understanding required by
  Section 161.0603, Agriculture Code, as added by this Act.
         SECTION 42.  This Act takes effect September 1, 2021.