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A BILL TO BE ENTITLED
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AN ACT
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relating to parasitic insect control. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 161, Agricultural Code, is amended to |
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read as follows: |
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Sec. 161.003. DUTY OF COUNTY COMMISSIONERS COURT. (a) The |
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commissioners court of each county shall cooperate with and assist |
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the commission in protecting livestock, domestic animals, and |
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domestic fowl from communicable diseases or parasitic insects, |
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regardless of whether a particular disease or parasitic insect |
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exists in the county. |
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(b) Each commissioners court may employ a veterinarian at |
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the expense of the county. Any veterinarian employed is subject to |
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approval by the commission. |
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Sec. 161.004. DISPOSAL OF DISEASED LIVESTOCK CARCASS. (a) |
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A person who is the owner or caretaker of livestock, exotic |
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livestock, domestic fowl, or exotic fowl that die from a disease or |
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parasitic insect listed by the commission in rules adopted under |
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Section 161.041, or who owns or controls the land on which the |
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livestock, exotic livestock, domestic fowl, or exotic fowl die or |
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on which the carcasses are found, shall dispose of the carcasses in |
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the manner required by the commission under this section. |
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(b) The Texas Commission on Environmental Quality may not |
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adopt a rule related to the disposal of livestock under this section |
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unless the rule is developed in cooperation with and is approved by |
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the Texas Animal Health Commission. |
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(c) The commission shall: |
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(1) determine the most effective methods of disposing |
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of diseased or infected carcasses, including methods other than |
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burning or burial; and |
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(2) by rule prescribe the method or methods that a |
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person may use to dispose of a carcass as required by Subsection |
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(a). |
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(d) The commission by rule may delegate its authority under |
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this section to the executive director. |
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Sec. 161.007. EXPOSURE OR INFECTION CONSIDERED CONTINUING. |
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If a veterinarian employed by the commission determines that a |
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communicable disease or parasitic insect exists among livestock, |
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domestic animals, or domestic fowl or on certain premises or that |
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livestock, domestic animals, or domestic fowl have been exposed to |
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the agency of transmission of a communicable disease or parasitic |
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insect, the exposure or infection is considered to continue until |
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the commission determines that the exposure or infection has been |
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eradicated through methods prescribed by rule of the commission. |
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Sec. 161.009. CONFIDENTIALITY OF BIOSECURITY AND OTHER |
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SENSITIVE INFORMATION. (a) Except as provided by Subsections (b) |
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and (c), information held by the commission is confidential and |
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excepted from disclosure under Chapter 552, Government Code, if the |
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information consists of or relates to a biosecurity plan, a secure |
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food supply plan, an emergency preparedness plan, or biosecurity |
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data that was voluntarily provided to the commission by an owner or |
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caretaker of an animal. |
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(b) The commission may release information described by |
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Subsection (a) to: |
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(1) the attorney general's office, for the purpose of |
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law enforcement; |
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(2) the secretary of the United States Department of |
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Agriculture, for the purpose of animal health protection; |
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(3) the secretary of the Department of Homeland |
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Security, for the purpose of homeland security; |
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(4) the Department of State Health Services, for the |
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purpose of protecting the public health from zoonotic diseases or |
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parasitic insects; |
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(5) any person, if required by a court order; |
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(6) a federal, state, municipal, or county emergency |
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management authority, for the purpose of management or response to |
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natural or man-made disasters; or |
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(7) any person the executive director of the |
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commission considers appropriate, if: |
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(A) the executive director determines that: |
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(i) livestock may be threatened by a |
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disease, agent, or pest; and |
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(ii) the release of the information is |
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related to actions the commission may take in performance of its |
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powers and duties; or |
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(B) the executive director determines that the |
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release of the information is necessary for emergency management |
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purposes under Chapter 418, Government Code. |
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(c) The commission's release of confidential information |
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under Subsection (b): |
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(1) does not affect the confidentiality of the |
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information; |
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(2) is not an offense under Section 552.352, |
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Government Code; and |
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(3) is not a voluntary disclosure for purposes of |
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Section 552.007, Government Code. |
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Sec. 161.041. DISEASE CONTROL. |
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(a) The commission shall protect all livestock, exotic |
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livestock, domestic fowl, and exotic fowl from diseases or |
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parasitic insects the commission determines require control or |
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eradication. The commission shall adopt and periodically update |
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rules listing the diseases or parasitic insects that require |
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control or eradication by the commission. Section 2001.0045, |
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Government Code, does not apply to rules adopted under this |
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subsection. |
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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, or parasitic |
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insect that affects livestock, exotic livestock, 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, domestic fowl, or exotic |
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fowl: |
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(1) infected with a disease or parasitic insect listed |
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by the commission by rule under Subsection (a); |
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(2) exposed, as defined by commission rule, to a |
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disease or parasitic insect listed by the commission by rule under |
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Subsection (a) if the commission has notified the person that the |
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animal was exposed to the disease or parasitic insect; 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 or |
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parasitic insect if the commission has notified the person of the |
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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, domestic fowl, or exotic fowl infected |
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with a disease or parasitic insect listed by the commission by rule |
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under 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 may not |
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infringe on or supersede the authority of any other agency of this |
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state, including the authority of the Parks and Wildlife Department |
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relating to wildlife. If a conflict of authority occurs, the |
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commission shall assume responsibility for disease or parasitic |
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insect control efforts, but work collaboratively with the other |
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agency to enable each agency to effectively carry out its |
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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 or parasitic insect that threatens livestock, exotic |
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livestock, 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, domestic |
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fowl, or exotic fowl exists. |
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Sec. 161.0416. EMERGENCY MANAGEMENT. (a) The commission |
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may prepare and plan for, respond to, and aid in the recovery from |
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disaster events that may affect livestock, exotic livestock, |
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domestic fowl, or exotic fowl, including disease or parasitic |
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insect outbreaks, hurricanes, floods, tornadoes, wildfires, and |
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acts of terrorism. |
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(b) The commission may assist with local emergency |
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management planning. This subsection may not be construed to |
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affect the commission's responsibility under any other law, |
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including Chapter 418, Government Code, or any responsibility |
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delegated to the commission by an emergency management authority of |
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this state. |
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Sec. 161.0417. AUTHORIZED PERSONNEL FOR DISEASE OR |
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PARASITIC INSECT CONTROL. (a) A person, including a veterinarian, |
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must be authorized by the commission in order to engage in an |
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activity that is part of a state or federal disease or parasitic |
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insect control or eradication program for animals. |
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(b) The commission shall adopt rules for the authorization |
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of a person described by Subsection (a). |
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(c) The commission may, after reasonable notice, suspend or |
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revoke a person's authorization under Subsection (a) if the |
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commission determines that the person has substantially failed to |
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comply with this chapter or rules adopted under this chapter. |
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(d) A person is entitled to a hearing before the commission |
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or a hearing examiner appointed by the commission before the |
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commission may revoke the person's authorization under Subsection |
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(a). The commission shall make all final decisions to suspend or |
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revoke an authorization. |
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(e) This section does not affect the requirement for a |
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license or an exemption under Chapter 801, Occupations Code, to |
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practice veterinary medicine. |
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Sec. 161.043. REGULATION OF EXHIBITIONS. The commission |
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may regulate the entry of livestock, domestic animals, and domestic |
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fowl into exhibitions, shows, and fairs and may require treatment |
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or certification of those animals as reasonably necessary to |
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protect against communicable diseases or parasitic insects. |
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Sec. 161.044. REGULATION OF LIVESTOCK MOVEMENT FROM |
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STOCKYARDS OR RAILWAY SHIPPING PENS. The commission may regulate |
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the movement of livestock out of stockyards or railway shipping |
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pens and require treatment or certification of those animals as |
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reasonably necessary to protect against communicable diseases or |
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parasitic insects. |
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Sec. 161.0525. MEMORANDUM OF UNDERSTANDING ON COOPERATION |
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WITH OTHER STATES. The commission by rule, subject to approval by |
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the governor, may adopt a joint memorandum of understanding with |
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another state that includes provisions under which the commission |
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and the other state may provide assistance to each other in the case |
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of an animal disease outbreak or parasitic insect infestation. |
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Sec. 161.054. REGULATION OF MOVEMENT OF ANIMALS; EXCEPTION. |
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(a) As a control measure, the commission by rule may regulate the |
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movement of animals, including feral swine. The commission may |
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restrict the intrastate movement of animals, including feral swine, |
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even though the movement of the animals is unrestricted in |
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interstate or international commerce. The commission may require |
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testing, vaccination, or another epidemiologically sound procedure |
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before or after animals are moved. |
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(b) The commission by rule may prohibit or regulate the |
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movement of animals, including feral swine, into a quarantined |
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herd, premise, or area. |
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(c) The commission may not adopt a rule that prohibits a |
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person from moving animals, including feral swine, owned by that |
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person within unquarantined contiguous lands owned or controlled by |
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that person. |
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(d) On application of the owner of an animal, including a |
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feral swine, a restriction on the movement of the animal imposed |
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under this chapter may be modified by order of the executive |
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director of the commission if the owner demonstrates that the |
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restriction will result in unusual hardship for the owner. In |
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considering an application under this section, the executive |
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director may consider the effect of prolonged drought, inadequacy |
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of pasturage or unusual feed supply resulting from disaster or |
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other unforeseeable circumstances, or economic hardship. |
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(e) In connection with the regulation of the movement of |
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feral swine, the commission by rule may require disease testing or |
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insect infestation inspections before movement of a feral swine |
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from one location to another, and establish the conditions under |
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which feral swine may be transported. |
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(f) The commission's authority to regulate the movement of |
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feral swine may not interfere with the authority of the Parks and |
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Wildlife Department to regulate the hunting or trapping of feral |
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swine. |
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Sec. 161.0542. NOTICE OF WILDLIFE DISEASE OUTBREAK OR |
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PARASITIC INSECT INFESTATION. (a) Notwithstanding any law |
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restricting the disclosure of information by the commission and |
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subject to Subsection (b), if the commission becomes aware of a |
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wildlife disease outbreak or parasitic disease infestation on a |
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property, the commission shall provide notice of the location and |
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nature of the outbreak or infestation to: |
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(1) each owner of adjacent property; and |
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(2) the Parks and Wildlife Department. |
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(b) Subsection (a) applies only to a disease or parasitic |
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insect that the commission has designated as reportable. |
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Sec. 161.056. ANIMAL IDENTIFICATION PROGRAM. (a) In order |
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to provide for disease or parasitic insect control and enhance the |
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ability to trace disease-infected or insect-infected animals or |
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animals that have been exposed to disease or parasitic insects, the |
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commission may develop and implement an animal identification |
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program that is no more stringent than a federal animal disease or |
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insect traceability or other federal animal identification |
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program. |
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(b) Repealed by Acts 2013, 83rd Leg., R.S., Ch. 181, Sec. 2, |
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eff. May 25, 2013. |
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(c) The commission may adopt rules to require the use of |
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official identification as part of the animal identification |
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program under Subsection (a) for animal disease or parasitic insect |
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control or animal emergency management. |
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(d) The commission may by a two-thirds vote adopt rules to |
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provide for an animal identification program more stringent than a |
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program allowed by Subsection (a) only for control of a specific |
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animal disease or for animal emergency management. |
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(e) Information collected by the commission under this |
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section is exempt from the public disclosure requirements of |
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Chapter 552, Government Code. The commission may provide |
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information to another person, including a governmental entity, |
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without altering the confidential status of the information. The |
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commission may release information to: |
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(1) a person who owns or controls animals and seeks |
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information regarding those animals, if the person requests the |
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information in writing; |
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(2) the attorney general's office, for the purpose of |
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law enforcement; |
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(3) the secretary of the United States Department of |
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Agriculture, for the purpose of animal health protection; |
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(4) the secretary of the Department of Homeland |
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Security, for the purpose of homeland security; |
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(5) the Department of State Health Services, for the |
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purpose of protecting the public health from zoonotic diseases or |
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parasitic insects; |
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(6) any person, under an order of a court of competent |
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jurisdiction; |
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(7) a state, municipal, or county emergency management |
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authority, for the purpose of management or response to natural or |
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man-made disasters; or |
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(8) any person the executive director of the |
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commission considers appropriate, if the executive director |
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determines that: |
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(A) livestock may be threatened by a disease, |
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parasitic insect, agent, or pest; and |
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(B) the release of the information is related to |
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actions the commission may take under this section. |
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(f) Notwithstanding Subsection (e), the commission shall |
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release information collected under this section if the release is |
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necessary for emergency management purposes under Chapter 418, |
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Government Code. The release of information under this subsection |
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does not alter the confidential status of the information. |
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(g) Repealed by Acts 2013, 83rd Leg., R.S., Ch. 181, Sec. 2, |
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eff. May 25, 2013. |
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(h) Repealed by Acts 2013, 83rd Leg., R.S., Ch. 181, Sec. 2, |
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eff. May 25, 2013. |
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(i) The commission may adopt rules necessary to implement |
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and enforce this section. |
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Sec. 161.057. CLASSIFICATION OF AREAS. (a) The commission |
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by rule may prescribe criteria for classifying areas in the state |
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for disease or parasitic insect control. The criteria must be based |
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on sound epidemiological principles. The commission may prescribe |
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different control measures and procedures for areas with different |
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classifications. |
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(b) The commission by rule may designate as a particular |
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classification an area consisting of one or more counties. |
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Sec. 161.058. COMPENSATION OF LIVESTOCK OR FOWL OWNER. (a) |
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The commission may pay an indemnity to the owner of livestock, |
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domestic fowl, or exotic fowl exposed to or infected with a disease |
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or parasitic insect if the commission considers it necessary to |
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eradicate the disease or parasitic insect and to dispose of the |
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exposed, [or] diseased, or infected livestock, domestic fowl, or |
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exotic fowl. The commission shall provide the owner with |
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information regarding available state or federal indemnity funds. |
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(b) The commission may adopt rules for the implementation of |
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this section, including rules governing: |
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(1) eligibility for compensation; |
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(2) amounts of compensation; and |
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(3) limits and restrictions on compensation. |
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(c) The commission may spend funds appropriated for the |
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purpose of this section only for direct payment to owners of exposed |
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or infected livestock, domestic fowl, or exotic fowl. |
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Sec. 161.061. ESTABLISHMENT. (a) The commission may |
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establish a quarantine against all or the portion of a state, |
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territory, or country in which a disease or parasitic insect listed |
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in rules adopted under Section 161.041 exists. |
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(b) A quarantine established under Subsection (a) may |
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extend to any affected area, including a county, district, pasture, |
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lot, ranch, farm, field, range, thoroughfare, building, stable, or |
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stockyard pen. |
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(c) The commission may establish a quarantine to prohibit or |
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regulate the movement of: |
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(1) any article or animal that the commission |
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designates to be a carrier of a disease or parasitic insect listed |
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in rules adopted under Section 161.041 or a potential carrier of one |
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of those diseases or parasitic insects, if movement is not |
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otherwise regulated or prohibited; and |
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(2) an animal into an affected area, including a |
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county district, pasture, lot, ranch, farm, field, range, |
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thoroughfare, building, stable, or stockyard pen. |
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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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Sec. 161.0615. STATEWIDE OR WIDESPREAD QUARANTINE. (a) |
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The commission may quarantine livestock, exotic livestock, |
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domestic fowl, or exotic fowl in all or any part of this state as a |
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means of immediately restricting the movement of animals |
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potentially infected with disease or parasitic insects and shall |
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clearly describe the territory included in a quarantine area. |
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(b) The commission by rule may delegate its authority to |
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quarantine livestock, exotic livestock, domestic fowl, or exotic |
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fowl under this section to the executive director, who shall |
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promptly notify the members of the commission of the quarantine. |
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(c) The commission by rule shall prescribe the manner in |
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which notice of a statewide or widespread quarantine under this |
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section is to be published. |
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Sec. 161.062. PUBLICATION OF NOTICE. (a) Except as |
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provided by Section 161.0615, the commission shall give notice of a |
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quarantine against another state, territory, or country by |
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publishing notice in a newspaper published in Texas. The |
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quarantine takes effect on the date of publication. The commission |
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shall pay the expense of publication out of any appropriation made |
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for office and stationery expenses of the commission. |
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(b) The commission shall give notice of a quarantine |
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established within this state by publishing notice in a newspaper |
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published in the county in which the quarantine is established, by |
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posting notice at the courthouse door of that county, or by |
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delivering a written notice to the owner or caretaker of the animals |
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or places to be quarantined. The commission may pay the expense of |
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publication or posting out of any appropriation made for the office |
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and stationery expenses of the commission or out of any |
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appropriation made for the control or eradication of communicable |
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diseases or parasitic insects of livestock. The commissioners |
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court of a county in which a quarantine is established may pay the |
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expenses of publication or posting out of any available funds of the |
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county. |
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Sec. 161.063. CONTENTS OF NOTICE. (a) A quarantine notice |
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must state the requirements and restrictions under which animals |
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may be permitted to enter this state or to be moved from a |
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quarantined area within this state. If the seriousness of the |
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disease or parasitic insect infestation is sufficient to warrant |
|
prohibiting the movement of animals, the notice must state that the |
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movement is prohibited. The quarantine notice must state the class |
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of persons authorized by the commission to issue certificates or |
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permits permitting movement. |
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(b) A quarantine notice must state the cause for which the |
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quarantine is established, whether for infection or for exposure. |
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(c) A quarantine notice must describe the area or premises |
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quarantined in a reasonable manner that enables a person to |
|
identify the area or premises, but is not required to describe the |
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area or premises by metes and bounds. |
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(d) If the quarantine regulates or prohibits the movement of |
|
a carrier or potential carrier of a disease or parasitic insect, the |
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commission may prescribe any exceptions, terms, conditions, or |
|
provisions that the commission considers necessary or desirable to |
|
promote the objectives of this chapter or to minimize the economic |
|
impact of the quarantine without endangering those objectives or |
|
the health and safety of the public. Any exceptions, terms, |
|
conditions, or provisions prescribed under this subsection must be |
|
stated in the quarantine notice. |
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Sec. 161.065. MOVEMENT FROM QUARANTINED AREA; MOVEMENT OF |
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QUARANTINED ANIMALS. (a) Except as provided by Subsection (b) of |
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this section, a person, in violation of a quarantine, may not: |
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(1) move livestock, domestic animals, or domestic fowl |
|
in this state from any quarantined place in or outside this state; |
|
(2) move quarantined livestock, domestic animals, or |
|
domestic fowl from the place in which they are quarantined; or |
|
(3) move commodities or animals designated as disease |
|
or parasitic insect carriers or potential disease or parasitic |
|
insect carriers in this state from a quarantined place in or outside |
|
this state. |
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(b) The commission may provide for a written certificate or |
|
written permit authorizing the movement of commodities or animals |
|
from quarantined places or the movement of quarantined commodities |
|
or animals. The certificate or permit must be issued by a |
|
veterinarian or other person authorized by the commission to issue |
|
a certificate or permit. Each certificate or permit must be issued |
|
in conformity with the requirements stated in the quarantine |
|
notice. |
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(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 |
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quarantine the animals until they have been properly treated, |
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vaccinated, tested, or disposed of in accordance with the rules of |
|
the commission. |
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Sec. 161.101. DUTY TO REPORT. |
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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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to the commission the existence of diseases or parasitic insects |
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listed in rules adopted by the commission among livestock, exotic |
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livestock, bison, domestic fowl, or exotic fowl within 24 hours |
|
after diagnosis of the disease or parasitic insect infestation. |
|
The commission shall adopt and periodically update rules listing |
|
the diseases or parasitic insects that the commission determines |
|
require reporting under this section. Section 2001.0045, |
|
Government Code, does not apply to rules adopted under this |
|
subsection. |
|
(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 or |
|
parasitic insect other than bluetongue in an animal to the |
|
commission within 24 hours after diagnosis if the disease: |
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(1) is recognized by the United States Department of |
|
Agriculture as: |
|
(A) a foreign animal disease; [or] |
|
(B) a reportable animal disease; or |
|
(C) a reportable parasitic insect; |
|
(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; 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. |
|
(d) The commission may not adopt, amend, or repeal a rule |
|
under this section unless the commission holds a public hearing on |
|
the proposed action following public notice of the hearing. |
|
Sec. 161.112. RULES. (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 as |
|
necessary to protect against the spread of communicable diseases or |
|
parasitic insects. |
|
(b) Following notice and public hearing, the commission may |
|
adopt rules requiring permits for moving exotic livestock and |
|
exotic fowl from livestock markets as necessary to protect against |
|
the spread of communicable diseases or parasitic insects. |
|
Sec. 161.116. SALE OR DELIVERY OF DISEASED CATTLE. (a) In |
|
this action, "diseased" means affected by actinobacillosis, |
|
actinomycosis, carcinoma, mastitis, or any other disease or |
|
parasitic insect infestation that renders the carcass of an animal |
|
potentially dangerous for human consumption and has been so |
|
designated by rule of the commission. |
|
(b) Except as provided by Subsection (c) of this section, a |
|
person may not sell diseased cattle unless: |
|
(1) the cattle are sold through a livestock market |
|
where visual examination of livestock is made by an agent of the |
|
commission or by the United States Department of Agriculture; or |
|
(2) the cattle are sold by a recognized slaughtering |
|
establishment maintaining federal, state, or state-approved |
|
veterinary postmortem inspection. |
|
(c) The original owner of diseased cattle may sell the |
|
cattle in violation of Subsection (b) of this section if the cattle |
|
are sold and delivered on the premises of the original owner, but |
|
the purchaser shall comply with the requirements of this section. |
|
(d) A person may not release diseased cattle from a |
|
livestock market unless the cattle are: |
|
(1) consigned directly to a federally approved |
|
terminal market or to a slaughtering establishment maintaining |
|
federal, state, or state-approved veterinary postmortem |
|
inspection; and |
|
(2) accompanied by a certificate or permit issued by a |
|
representative of the commission or the United States Department of |
|
Agriculture naming the terminal market or slaughtering |
|
establishment. |
|
(e) This section does not prevent the original owner of |
|
diseased cattle, or an agent of the owner, from voiding the sale of |
|
the cattle if the owner is not satisfied with the top bid price, but |
|
the owner shall obtain a certificate or permit under Subsection (d) |
|
of this section and shall deliver the cattle to the place specified |
|
on the certificate or permit. A person is not liable for a |
|
violation of this subsection unless the agent of the commission |
|
shows the person a list of approved establishments to which the |
|
cattle may be consigned and allows the person to select an |
|
establishment from that list. |
|
(f) A person may not deliver or divert diseased cattle |
|
consigned under a certificate or permit issued under Subsection (d) |
|
of this section to a place other than the terminal market or |
|
slaughtering establishment named in the certificate or permit. The |
|
cattle must be delivered to the terminal market or slaughtering |
|
establishment not later than the fifth day following the day on |
|
which the certificate or permit is issued. |
|
(g) A person may not release diseased cattle from a terminal |
|
market or slaughtering establishment to which the cattle have been |
|
consigned under a certificate or permit issued under Subsection (d) |
|
of this section except on authority of the commission. |
|
Sec. 161.135. IMPROPER DISPOSAL OF DISEASED OR INFECTED |
|
CARCASS. (a) A person required to dispose of a diseased or |
|
infected carcass in accordance with Section 161.004 of this code |
|
commits an offense if the person fails to dispose of the carcass in |
|
accordance with that section. |
|
(b) An offense under this section is a Class B misdemeanor |
|
for each animal carcass improperly disposed of. |
|
Sec. 161.140. REFUSAL TO PERMIT EXAMINATION OF ANIMAL OR |
|
CARCASS. (a) A person commits an offense if the person: |
|
(1) refuses to allow the commission or an agent of the |
|
commission to examine an animal or all or part of an animal carcass |
|
that is owned by or possessed by the person and that the commission |
|
or agent has reason to believe is affected by a communicable disease |
|
or parasitic insect infestation; or |
|
(2) hinders or obstructs the commission or its agent |
|
in an examination under Subdivision (1) of this subsection. |
|
(b) An offense under this section is a Class C misdemeanor |
|
unless it is shown on the trial of the offense that the defendant |
|
has been previously convicted under this section, in which event |
|
the offense is a Class B misdemeanor. |
|
SECTION 2. This Act takes effect immediately if it receives |
|
a vote of two-thirds of all the members elected to each house, as |
|
provided by Section 39, Article III, Texas Constitution. If this |
|
Act does not receive the vote necessary for immediate effect, this |
|
Act takes effect September 1, 2025. |