BILL ANALYSIS

 

 

 

C.S.H.B. 237

By: Guillen

Agriculture & Livestock

Committee Report (Substituted)

 

 

 

BACKGROUND AND PURPOSE

 

According to the U.S. Department of Agriculture, the total economic loss from a screwworm outbreak in Texas similar to the 1976 New World Screwworm outbreak could be $1.8 billion when adjusted for inflation. A potential reintroduction of the screwworm poses a serious threat, not only to animal health, but the economic foundation of the state's ranching, farming, hunting, and tourism sectors. Unfortunately, individual state efforts to tackle challenges in combatting animal health crises can be fragmented and state agencies may not have access to sufficient resources or information to effectively respond and prevent the spread of animal disease outbreaks into Texas. C.S.H.B. 237 seeks to address this issue by requiring the governor to develop and execute an interstate compact for animal health initiatives for joint action to share state resources and animal health resources and provide mutual related support.

 

CRIMINAL JUSTICE IMPACT

 

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

 

RULEMAKING AUTHORITY

 

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

 

ANALYSIS

 

C.S.H.B. 237 amends the Health and Safety Code to require the governor, on behalf of the state, to develop and execute an interstate compact for animal health initiatives among interested states. The compact must provide for joint action among compacting states on matters that include the following:

·       sharing state resources in order to build a research center, a comprehensive surveillance system, and a response plan for the purpose of preventing or treating animal disease outbreaks, including diseases caused by parasitic insects, in Texas;

·       sharing other animal health resources to ensure the protection of livestock, wildlife, and other animals; and

·       providing mutual support for the infrastructure, equipment, software, personnel, and other resources that are necessary or convenient to ensure such purposes are adequately supported and achieved.

The bill establishes that the compact, at the discretion of each compacting state, may provide for joint action among the compacting states on the execution and enforcement of agreements or memoranda of understanding with the U.S. Department of Agriculture, the FDA, the U.S. Environmental Protection Agency, or any other federal agency for the purpose of protecting and researching animal health. The bill also establishes that the compact may authorize the transfer of money from other compacting states to Texas for the purpose of supporting animal health research and response activities. Any money received must be deposited to the credit of a separate fund the use of which is limited to expenses related to the planning, development, operation, or coordination of animal health initiatives undertaken in accordance with the compact.

 

C.S.H.B. 237 establishes that it is the intent of the legislature that the compact does not require congressional approval and prohibits the compact from increasing the political power of the compacting states in relation to the federal government.

 

EFFECTIVE DATE

 

On passage, or, if the bill does not receive the necessary vote, the 91st day after the last day of the legislative session.

 

COMPARISON OF INTRODUCED AND SUBSTITUTE

 

While C.S.H.B. 237 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill.

 

While both the introduced and substitute provide for an interstate compact for animal health initiatives, the introduced amended the Government Code to provide for the compact, whereas the substitute amends the Health and Safety Code to provide for the compact.

 

While both the introduced and substitute include a requirement for the compact to provide for joint action among compacting states on the matter of sharing state resources in order to build a research center, a comprehensive surveillance system, and a response plan for certain purposes, the versions differ as follows:

·       whereas the introduced included the specification that the requirement applies with respect to any animal health disease or parasitic insect outbreaks on state land, the substitute does not include this specification;

·       however, the substitute includes a specification that the requirement exists for the purpose of preventing or treating animal disease outbreaks, including diseases caused by parasitic insects, in Texas, whereas the introduced included the specification that the requirement exists for the purpose of preventing or treating animal health outbreaks.

 

Whereas the introduced included a provision establishing that the compact may provide for joint action among compacting states on the execution and enforcement of certain agreements or memoranda of understanding at the discretion of individual states, the substitute instead includes a provision establishing that the compact may provide for joint action among compacting states on the execution and enforcement of such agreements or memoranda at the discretion of each compacting state.

 

The substitute revises the requirement of the introduced for any money received to be deposited in a fund to be used for expenses related to the planning, development, operation, or coordination of animal health initiatives undertaken pursuant to the compact as follows:

·       specifies that such deposit is a deposit to the credit of the fund and that the fund is a separate fund; and

·       specifies that the use of the fund is limited to those expenses.

 

While both the introduced and substitute provide for the bill's immediate effect, contingent on receiving the requisite constitutional vote, the versions differ with respect to the bill's effective date if that condition is not met. Whereas the introduced provided for the bill to take effect September 1, 2025, if that condition is not met, the substitute provides for the bill to take effect on the 91st day after the last day of the legislative session if that condition is not met.