By: Guillen H.B. No. 276
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to parasitic insect control.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 161, Agricultural Code, is amended to
  read as follows:
         Sec. 161.003.  DUTY OF COUNTY COMMISSIONERS COURT. (a) The
  commissioners court of each county shall cooperate with and assist
  the commission in protecting livestock, domestic animals, and
  domestic fowl from communicable diseases or parasitic insects,
  regardless of whether a particular disease or parasitic insect
  exists in the county.
         (b)  Each commissioners court may employ a veterinarian at
  the expense of the county. Any veterinarian employed is subject to
  approval by the commission.
         Sec. 161.004.  DISPOSAL OF DISEASED LIVESTOCK CARCASS. (a)
  A person who is the owner or caretaker of livestock, exotic
  livestock, domestic fowl, or exotic fowl that die from a disease or
  parasitic insect listed by the commission in rules adopted under
  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.
         (b)  The Texas Commission on Environmental Quality may not
  adopt a rule related to the disposal of livestock under this section
  unless the rule is developed in cooperation with and is approved by
  the Texas Animal Health Commission.
         (c)  The commission shall:
               (1)  determine the most effective methods of disposing
  of diseased or infected carcasses, including methods other than
  burning or burial; and
               (2)  by rule prescribe the method or methods that a
  person may use to dispose of a carcass as required by Subsection
  (a).
         (d)  The commission by rule may delegate its authority under
  this section to the executive director.
         Sec. 161.007.  EXPOSURE OR INFECTION CONSIDERED CONTINUING.
  If a veterinarian employed by the commission determines that a
  communicable disease or parasitic insect exists among livestock,
  domestic animals, or domestic fowl or on certain premises or that
  livestock, domestic animals, or domestic fowl have been exposed to
  the agency of transmission of a communicable disease or parasitic
  insect, the exposure or infection is considered to continue until
  the commission determines that the exposure or infection has been
  eradicated through methods prescribed by rule of the commission.
         Sec. 161.009.  CONFIDENTIALITY OF BIOSECURITY AND OTHER
  SENSITIVE INFORMATION. (a) Except as provided by Subsections (b)
  and (c), information held by the commission is confidential and
  excepted from disclosure under Chapter 552, Government Code, if the
  information consists of or relates to a biosecurity plan, a secure
  food supply plan, an emergency preparedness plan, or biosecurity
  data that was voluntarily provided to the commission by an owner or
  caretaker of an animal.
         (b)  The commission may release information described by
  Subsection (a) to:
               (1)  the attorney general's office, for the purpose of
  law enforcement;
               (2)  the secretary of the United States Department of
  Agriculture, for the purpose of animal health protection;
               (3)  the secretary of the Department of Homeland
  Security, for the purpose of homeland security;
               (4)  the Department of State Health Services, for the
  purpose of protecting the public health from zoonotic diseases or
  parasitic insects;
               (5)  any person, if required by a court order;
               (6)  a federal, state, municipal, or county emergency
  management authority, for the purpose of management or response to
  natural or man-made disasters; or
               (7)  any person the executive director of the
  commission considers appropriate, if:
                     (A)  the executive director determines that:
                           (i)  livestock may be threatened by a
  disease, agent, or pest; and
                           (ii)  the release of the information is
  related to actions the commission may take in performance of its
  powers and duties; or
                     (B)  the executive director determines that the
  release of the information is necessary for emergency management
  purposes under Chapter 418, Government Code.
         (c)  The commission's release of confidential information
  under Subsection (b):
               (1)  does not affect the confidentiality of the
  information;
               (2)  is not an offense under Section 552.352,
  Government Code; and
               (3)  is not a voluntary disclosure for purposes of
  Section 552.007, Government Code.
         Sec. 161.041.  DISEASE CONTROL.
         (a)  The commission shall protect all livestock, exotic
  livestock, domestic fowl, and exotic fowl from diseases or
  parasitic insects the commission determines require control or
  eradication. The commission shall adopt and periodically update
  rules listing the diseases or parasitic insects that require
  control or eradication by the commission. Section 2001.0045,
  Government Code, does not apply to rules adopted under this
  subsection.
         (b)  The commission may act to eradicate or control any
  disease, [or] agent of transmission for any disease, or parasitic
  insect that affects livestock, exotic livestock, domestic fowl, or
  exotic fowl, regardless of whether the disease is communicable,
  even if the agent of transmission is an animal species that is not
  subject to the jurisdiction of the commission. The commission may
  adopt any rules necessary to carry out the purposes of this
  subsection, including rules concerning testing, movement,
  inspection, and treatment.
         (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 or parasitic insect listed
  by the commission by rule under Subsection (a);
               (2)  exposed, as defined by commission rule, to a
  disease or parasitic insect listed by the commission by rule under
  Subsection (a) if the commission has notified the person that the
  animal was exposed to the disease or parasitic insect; or
               (3)  subject to a testing requirement due to a risk of
  exposure, as defined by commission rule, to a specific disease or
  parasitic insect 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 or parasitic insect listed by the commission by rule
  under Subsection (a).
         (e)  An offense under Subsection (c) or (d) of 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.
         (f)  In complying with this section, the commission may not
  infringe on or supersede the authority of any other agency of this
  state, including the authority of the Parks and Wildlife Department
  relating to wildlife. If a conflict of authority occurs, the
  commission shall assume responsibility for disease or parasitic
  insect control efforts, but work collaboratively with the other
  agency to enable each agency to effectively carry out its
  responsibilities.
         (g)  The commission's authority to control or eradicate an
  agent of transmission that is an animal species that is not subject
  to the jurisdiction of the commission is limited to instances when a
  disease or parasitic insect that threatens livestock, exotic
  livestock, domestic fowl, or exotic fowl has been confirmed or is
  suspected to exist in that species and the commission determines
  that a serious threat to livestock, exotic livestock, domestic
  fowl, or exotic fowl exists.
         Sec. 161.0416.  EMERGENCY MANAGEMENT. (a) The commission
  may prepare and plan for, respond to, and aid in the recovery from
  disaster events that may affect livestock, exotic livestock,
  domestic fowl, or exotic fowl, including disease or parasitic
  insect outbreaks, hurricanes, floods, tornadoes, wildfires, and
  acts of terrorism.
         (b)  The commission may assist with local emergency
  management planning. This subsection may not be construed to
  affect the commission's responsibility under any other law,
  including Chapter 418, Government Code, or any responsibility
  delegated to the commission by an emergency management authority of
  this state.
         Sec. 161.0417.  AUTHORIZED PERSONNEL FOR DISEASE OR
  PARASITIC INSECT CONTROL. (a) A person, including a veterinarian,
  must be authorized by the commission in order to engage in an
  activity that is part of a state or federal disease or parasitic
  insect control or eradication program for animals.
         (b)  The commission shall adopt rules for the authorization
  of a person described by Subsection (a).
         (c)  The commission may, after reasonable notice, suspend or
  revoke a person's authorization under Subsection (a) if the
  commission determines that the person has substantially failed to
  comply with this chapter or rules adopted under this chapter.
         (d)  A person is entitled to a hearing before the commission
  or a hearing examiner appointed by the commission before the
  commission may revoke the person's authorization under Subsection
  (a). The commission shall make all final decisions to suspend or
  revoke an authorization.
         (e)  This section does not affect the requirement for a
  license or an exemption under Chapter 801, Occupations Code, to
  practice veterinary medicine.
         Sec. 161.043.  REGULATION OF EXHIBITIONS. The commission
  may regulate the entry of livestock, domestic animals, and domestic
  fowl into exhibitions, shows, and fairs and may require treatment
  or certification of those animals as reasonably necessary to
  protect against communicable diseases or parasitic insects.
         Sec. 161.044.  REGULATION OF LIVESTOCK MOVEMENT FROM
  STOCKYARDS OR RAILWAY SHIPPING PENS. The commission may regulate
  the movement of livestock out of stockyards or railway shipping
  pens and require treatment or certification of those animals as
  reasonably necessary to protect against communicable diseases or
  parasitic insects.
         Sec. 161.0525.  MEMORANDUM OF UNDERSTANDING ON COOPERATION
  WITH OTHER STATES. The commission by rule, subject to approval by
  the governor, may adopt a joint memorandum of understanding with
  another state that includes provisions under which the commission
  and the other state may provide assistance to each other in the case
  of an animal disease outbreak or parasitic insect infestation.
         Sec. 161.054.  REGULATION OF MOVEMENT OF ANIMALS; EXCEPTION.
  (a) As a control measure, the commission by rule may regulate the
  movement of animals, including feral swine. The commission may
  restrict the intrastate movement of animals, including feral swine,
  even though the movement of the animals is unrestricted in
  interstate or international commerce. The commission may require
  testing, vaccination, or another epidemiologically sound procedure
  before or after animals are moved.
         (b)  The commission by rule may prohibit or regulate the
  movement of animals, including feral swine, into a quarantined
  herd, premise, or area.
         (c)  The commission may not adopt a rule that prohibits a
  person from moving animals, including feral swine, owned by that
  person within unquarantined contiguous lands owned or controlled by
  that person.
         (d)  On application of the owner of an animal, including a
  feral swine, a restriction on the movement of the animal imposed
  under this chapter may be modified by order of the executive
  director of the commission if the owner demonstrates that the
  restriction will result in unusual hardship for the owner. In
  considering an application under this section, the executive
  director may consider the effect of prolonged drought, inadequacy
  of pasturage or unusual feed supply resulting from disaster or
  other unforeseeable circumstances, or economic hardship.
         (e)  In connection with the regulation of the movement of
  feral swine, the commission by rule may require disease testing or
  insect infestation inspections before movement of a feral swine
  from one location to another, and establish the conditions under
  which feral swine may be transported.
         (f)  The commission's authority to regulate the movement of
  feral swine may not interfere with the authority of the Parks and
  Wildlife Department to regulate the hunting or trapping of feral
  swine.
         Sec. 161.0542.  NOTICE OF WILDLIFE DISEASE OUTBREAK OR
  PARASITIC INSECT INFESTATION. (a) Notwithstanding any law
  restricting the disclosure of information by the commission and
  subject to Subsection (b), if the commission becomes aware of a
  wildlife disease outbreak or parasitic disease infestation on a
  property, the commission shall provide notice of the location and
  nature of the outbreak or infestation to:
               (1)  each owner of adjacent property; and
               (2)  the Parks and Wildlife Department.
         (b)  Subsection (a) applies only to a disease or parasitic
  insect that the commission has designated as reportable.
         Sec. 161.056.  ANIMAL IDENTIFICATION PROGRAM. (a) In order
  to provide for disease or parasitic insect control and enhance the
  ability to trace disease-infected or insect-infected animals or
  animals that have been exposed to disease or parasitic insects, the
  commission may develop and implement an animal identification
  program that is no more stringent than a federal animal disease or
  insect traceability or other federal animal identification
  program.
         (b)  Repealed by Acts 2013, 83rd Leg., R.S., Ch. 181, Sec. 2,
  eff. May 25, 2013.
         (c)  The commission may adopt rules to require the use of
  official identification as part of the animal identification
  program under Subsection (a) for animal disease or parasitic insect
  control or animal emergency management.
         (d)  The commission may by a two-thirds vote adopt rules to
  provide for an animal identification program more stringent than a
  program allowed by Subsection (a) only for control of a specific
  animal disease or for animal emergency management.
         (e)  Information collected by the commission under this
  section is exempt from the public disclosure requirements of
  Chapter 552, Government Code. The commission may provide
  information to another person, including a governmental entity,
  without altering the confidential status of the information. The
  commission may release information to:
               (1)  a person who owns or controls animals and seeks
  information regarding those animals, if the person requests the
  information in writing;
               (2)  the attorney general's office, for the purpose of
  law enforcement;
               (3)  the secretary of the United States Department of
  Agriculture, for the purpose of animal health protection;
               (4)  the secretary of the Department of Homeland
  Security, for the purpose of homeland security;
               (5)  the Department of State Health Services, for the
  purpose of protecting the public health from zoonotic diseases or
  parasitic insects;
               (6)  any person, under an order of a court of competent
  jurisdiction;
               (7)  a state, municipal, or county emergency management
  authority, for the purpose of management or response to natural or
  man-made disasters; or
               (8)  any person the executive director of the
  commission considers appropriate, if the executive director
  determines that:
                     (A)  livestock may be threatened by a disease,
  parasitic insect, agent, or pest; and
                     (B)  the release of the information is related to
  actions the commission may take under this section.
         (f)  Notwithstanding Subsection (e), the commission shall
  release information collected under this section if the release is
  necessary for emergency management purposes under Chapter 418,
  Government Code. The release of information under this subsection
  does not alter the confidential status of the information.
         (g)  Repealed by Acts 2013, 83rd Leg., R.S., Ch. 181, Sec. 2,
  eff. May 25, 2013.
         (h)  Repealed by Acts 2013, 83rd Leg., R.S., Ch. 181, Sec. 2,
  eff. May 25, 2013.
         (i)  The commission may adopt rules necessary to implement
  and enforce this section.
         Sec. 161.057.  CLASSIFICATION OF AREAS. (a) The commission
  by rule may prescribe criteria for classifying areas in the state
  for disease or parasitic insect control. The criteria must be based
  on sound epidemiological principles. The commission may prescribe
  different control measures and procedures for areas with different
  classifications.
         (b)  The commission by rule may designate as a particular
  classification an area consisting of one or more counties.
         Sec. 161.058.  COMPENSATION OF LIVESTOCK OR FOWL OWNER. (a)
  The commission may pay an indemnity to the owner of livestock,
  domestic fowl, or exotic fowl exposed to or infected with a disease
  or parasitic insect if the commission considers it necessary to
  eradicate the disease or parasitic insect and to dispose of the
  exposed, [or] diseased, or infected livestock, domestic fowl, or
  exotic fowl. The commission shall provide the owner with
  information regarding available state or federal indemnity funds.
         (b)  The commission may adopt rules for the implementation of
  this section, including rules governing:
               (1)  eligibility for compensation;
               (2)  amounts of compensation; and
               (3)  limits and restrictions on compensation.
         (c)  The commission may spend funds appropriated for the
  purpose of this section only for direct payment to owners of exposed
  or infected livestock, domestic fowl, or exotic fowl.
         Sec. 161.061.  ESTABLISHMENT. (a) The commission may
  establish a quarantine against all or the portion of a state,
  territory, or country in which a disease or parasitic insect listed
  in rules adopted under Section 161.041 exists.
         (b)  A quarantine established under Subsection (a) 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 or parasitic insect listed
  in rules adopted under Section 161.041 or a potential carrier of one
  of those diseases or parasitic insects, 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.
         Sec. 161.0615.  STATEWIDE OR WIDESPREAD QUARANTINE. (a)
  The commission may quarantine livestock, exotic livestock,
  domestic fowl, or exotic fowl in all or any part of this state as a
  means of immediately restricting the movement of animals
  potentially infected with disease or parasitic insects and shall
  clearly describe the territory included in a quarantine area.
         (b)  The commission by rule may delegate its authority to
  quarantine livestock, exotic livestock, domestic fowl, or exotic
  fowl under this section to the executive director, who shall
  promptly notify the members of the commission of the quarantine.
         (c)  The commission by rule shall prescribe the manner in
  which notice of a statewide or widespread quarantine under this
  section is to be published.
         Sec. 161.062.  PUBLICATION OF NOTICE. (a) Except as
  provided by Section 161.0615, the commission shall give notice of a
  quarantine against another state, territory, or country by
  publishing notice in a newspaper published in Texas. The
  quarantine takes effect on the date of publication. The commission
  shall pay the expense of publication out of any appropriation made
  for office and stationery expenses of the commission.
         (b)  The commission shall give notice of a quarantine
  established within this state by publishing notice in a newspaper
  published in the county in which the quarantine is established, by
  posting notice at the courthouse door of that county, or by
  delivering a written notice to the owner or caretaker of the animals
  or places to be quarantined. The commission may pay the expense of
  publication or posting out of any appropriation made for the office
  and stationery expenses of the commission or out of any
  appropriation made for the control or eradication of communicable
  diseases or parasitic insects of livestock. The commissioners
  court of a county in which a quarantine is established may pay the
  expenses of publication or posting out of any available funds of the
  county.
         Sec. 161.063.  CONTENTS OF NOTICE. (a) A quarantine notice
  must state the requirements and restrictions under which animals
  may be permitted to enter this state or to be moved from a
  quarantined area within this state. If the seriousness of the
  disease or parasitic insect infestation is sufficient to warrant
  prohibiting the movement of animals, the notice must state that the
  movement is prohibited. The quarantine notice must state the class
  of persons authorized by the commission to issue certificates or
  permits permitting movement.
         (b)  A quarantine notice must state the cause for which the
  quarantine is established, whether for infection or for exposure.
         (c)  A quarantine notice must describe the area or premises
  quarantined in a reasonable manner that enables a person to
  identify the area or premises, but is not required to describe the
  area or premises by metes and bounds.
         (d)  If the quarantine regulates or prohibits the movement of
  a carrier or potential carrier of a disease or parasitic insect, the
  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.
         Sec. 161.065.  MOVEMENT FROM QUARANTINED AREA; MOVEMENT OF
  QUARANTINED ANIMALS. (a) Except as provided by Subsection (b) of
  this section, a person, in violation of a quarantine, may not:
               (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.
         (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.
         (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, or disposed of in accordance with the rules of
  the commission.
         Sec. 161.101.  DUTY TO REPORT.
         (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 diseases or parasitic insects
  listed in rules adopted by the commission among livestock, exotic
  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:
               (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.