89R2351 MP-D

By: Curry H.B. No. 2439

A BILL TO BE ENTITLED

AN ACT

relating to the abolishment of the Texas Animal Health Commission and the transfer of its functions to the Department of Agriculture.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 2.006(b), Agriculture Code, is amended to read as follows:

(b) The department[, with the assistance of the Texas Animal Health Commission,] shall pursue a policy of ensuring that the borders of this state are secure from shipments of potentially dangerous plant and animal pests and diseases.

SECTION 2. Section 23.002(a), Agriculture Code, is amended to read as follows:

(a) The office shall establish the Texas food system security and resiliency planning council. The council is composed of the following members:

(1) three members appointed by the governor;

(2) three members appointed by the lieutenant governor;

(3) three members appointed by the speaker of the house of representatives;

(4) [one member of the Texas Animal Health Commission appointed by the governor;

[(5)] one member appointed by the commissioner to represent food banks;

(5) [(6)] one member appointed by the commissioner to represent nonprofit organizations that provide home delivered meals;

(6) [(7)] two members appointed by the commissioner to represent agricultural producer organizations, marketing associations organized under Chapter 52, or farmers' cooperative societies incorporated under Chapter 51;

(7) [(8)] the assistant commissioner of agriculture for the food and nutrition division as a nonvoting member;

(8) [(9)] the director of the Texas A&M AgriLife Extension Service as a nonvoting member; and

(9) [(10)] one nonvoting member appointed by the executive commissioner of the Health and Human Services Commission to represent the supplemental nutrition assistance program, the federal special supplemental nutrition program for women, infants, and children, and the supplemental nutrition assistance program-education.

SECTION 3. Section 71.0082(a), Agriculture Code, is amended to read as follows:

(a) In addition to vehicle inspections authorized under Section 71.0081, the department [and the Texas Animal Health Commission, under the direction of the department,] shall [jointly] conduct road station and interstate shipment inspections as feasible at strategic points throughout this state and as determined to be appropriate by the department [and the Texas Animal Health Commission], taking into consideration the significance of plant and animal inspections in proactively protecting this state's borders.

SECTION 4. Section 134.004, Agriculture Code, is amended to read as follows:

Sec. 134.004. CONTRACTS. The department, the Texas Commission on Environmental Quality, [the Texas Animal Health Commission,] and the Parks and Wildlife Department may contract with state, federal, or private entities for assistance in carrying out the purposes of this chapter.

SECTION 5. Sections 147.042(a) and (b), Agriculture Code, are amended to read as follows:

(a) Each livestock auction commission merchant shall keep a record of the motor vehicle and trailer or semitrailer on which livestock is transported to the place of sale. The record must be in a form prescribed by the department [Texas Animal Health Commission] and must show the name of the owner of the livestock, the name of the owner of the vehicle, and the name, make, and license plate number of the vehicle. The commission merchant shall prepare the record and make it available for public inspection within 24 hours after receipt of the livestock.

(b) Each livestock auction commission merchant shall keep a record of the motor vehicle and trailer or semitrailer on which livestock is transported from the place of sale. The record must be in a form prescribed by the department [Texas Animal Health Commission] and must show the name and address of the purchaser of the livestock and the name and address of the owner of the vehicle. The commission merchant shall prepare the record and make it available immediately after the livestock is sold and before the livestock is removed from the place of sale.

SECTION 6. Sections 148.011(c) and (d), Agriculture Code, are amended to read as follows:

(c) The record must be prepared and made available to the department [Texas Animal Health Commission] and for public inspection within 24 hours after the slaughterer receives the livestock. The slaughterer shall preserve the record for at least two years and shall keep the record open for public inspection at all reasonable hours.

(d) The department [Texas Animal Health Commission] shall disseminate the provisions of this section and Section 148.063 [of this code] to interested persons. The department [commission] shall carry out occasional spot checks of places maintained by slaughterers in order to determine if the provisions of this section are complied with.

SECTION 7. Section 161.003, Agriculture 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 department [commission] in protecting livestock, domestic animals, and domestic fowl from communicable diseases, regardless of whether a particular disease 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 department [commission].

SECTION 8. Section 161.004, Agriculture Code, is amended to read as follows:

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 listed by the department [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 department [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 department [Texas Animal Health Commission].

(c) The department [commission] shall:

(1) determine the most effective methods of disposing of diseased 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 department [commission] by rule may delegate its authority under this section to the commissioner [executive director].

SECTION 9. Section 161.005, Agriculture Code, is amended to read as follows:

Sec. 161.005. DEPARTMENT [COMMISSION] WRITTEN INSTRUMENTS. (a) The department [commission] may authorize a department [the executive director or another] employee to sign written instruments on behalf of the department [commission]. [A written instrument, including a quarantine or written notice, signed under that authority has the same force and effect as if signed by the entire commission.]

(b) Any written instrument issued by the department [commission] is admissible as evidence in court if certified by the commissioner [presiding officer or the executive director].

SECTION 10. Section 161.007, Agriculture Code, is amended to read as follows:

Sec. 161.007. EXPOSURE OR INFECTION CONSIDERED CONTINUING. If a veterinarian employed by the department [commission] determines that a communicable disease 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, the exposure or infection is considered to continue until the department [commission] determines that the exposure or infection has been eradicated through methods prescribed by department rule [of the commission].

SECTION 11. Section 161.009, Agriculture Code, is amended to read as follows:

Sec. 161.009. CONFIDENTIALITY OF BIOSECURITY AND OTHER SENSITIVE INFORMATION. (a) Except as provided by Subsections (b) and (c), information held by the department [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 department [commission] by an owner or caretaker of an animal.

(b) The department [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 United States 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;

(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 commissioner [executive director of the commission] considers appropriate, if:

(A) the commissioner [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 department [commission] may take in performance of its powers and duties; or

(B) the commissioner [executive director] determines that the release of the information is necessary for emergency management purposes under Chapter 418, Government Code.

(c) The department's [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.

SECTION 12. The heading to Subchapter C, Chapter 161, Agriculture Code, is amended to read as follows:

SUBCHAPTER C. GENERAL DISEASE AND PEST CONTROL AND EMERGENCY

MANAGEMENT POWERS AND DUTIES [OF COMMISSION]

SECTION 13. Section 161.041, Agriculture Code, is amended to read as follows:

Sec. 161.041. DISEASE CONTROL. (a) The department [commission] shall protect all livestock, exotic livestock, domestic fowl, and exotic fowl from diseases the department [commission] determines require control or eradication. The department [commission] shall adopt and periodically update rules listing the diseases that require control or eradication by the department [commission]. Section 2001.0045, Government Code, does not apply to rules adopted under this subsection.

(b) The department [commission] may act to eradicate or control any disease or agent of transmission for any disease 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 department [commission]. The department [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 department [commission], livestock, exotic livestock, domestic fowl, or exotic fowl:

(1) infected with a disease listed by the department [commission] by rule under Subsection (a);

(2) exposed, as defined by department [commission] rule, to a disease listed by the department [commission] by rule under Subsection (a) if the department [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 department [commission] rule, to a specific disease if the department [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 department [commission] to identify, in accordance with rules adopted by the department [commission], livestock, exotic livestock, domestic fowl, or exotic fowl infected with a disease listed by the department [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 department [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 department [commission] shall assume responsibility for disease control efforts, but work collaboratively with the other agency to enable each agency to effectively carry out its responsibilities.

(g) The department's [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 department [commission] is limited to instances when a disease that threatens livestock, exotic livestock, domestic fowl, or exotic fowl has been confirmed or is suspected to exist in that species and the department [commission] determines that a serious threat to livestock, exotic livestock, domestic fowl, or exotic fowl exists.

SECTION 14. Sections 161.0411(a), (b), (c), (d), and (e), Agriculture Code, are amended to read as follows:

(a) A seller, distributor, or transporter of live domestic or exotic fowl in this state shall register with the department [commission] under this section. The department [commission] may exempt from registration a person participating in a disease surveillance program recognized by the department [commission].

(b) A person may apply for a certificate of registration or a renewal of a certificate of registration under this section by submitting an application and an annual fee prescribed by the department [commission]. A person must complete an application for a certificate of registration that includes a list of each location at which the person conducts the sale, distribution, or transportation of domestic or exotic fowl.

(c) The department [commission] shall adopt rules to administer this section, including rules relating to the testing, identification, transportation, inspection, sanitation, and disinfection of domestic and exotic fowl.

(d) The department [commission] shall prescribe and collect an annual fee for registration as a seller, distributor, or transporter of domestic or exotic fowl in this state.

(e) The department [commission] may set fees under this section in amounts that do not exceed the amounts necessary to enable the department [commission] to recover the costs of administering this section.

SECTION 15. Sections 161.0412(a) and (b), Agriculture Code, are amended to read as follows:

(a) The department [commission] may, for disease control purposes, require the registration of feral swine holding facilities.

(b) To prevent the spread of disease, the department [commission] may require a person to register with the department [commission] if the person confines feral swine in a holding facility for slaughter, sale, exhibition, hunting, or any other purpose specified by department [commission] rule.

SECTION 16. Section 161.0415, Agriculture Code, is amended to read as follows:

Sec. 161.0415. DISPOSAL OF DISEASED OR EXPOSED LIVESTOCK OR FOWL. (a) The department [commission] by order may require the slaughter of livestock, domestic fowl, or exotic fowl[,] under the direction of the department [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; or

(4) is the subject of a state of emergency, as declared by the governor.

(b) The department [commission] by order may require the slaughter and disposal of livestock, domestic fowl, or exotic fowl exposed to or infected with a disease not listed in Subsection (a) if the department [commission] determines that action to be necessary for the protection of animal health in this state. The department [commission] shall immediately deliver a copy of an order issued under this subsection to the appropriate legislative oversight committees.

(c) A person may appeal an order of the department [commission] under this section as provided by Chapter 2001, Government Code.

(d) 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 department [Texas Animal Health Commission].

SECTION 17. Section 161.0416, Agriculture Code, is amended to read as follows:

Sec. 161.0416. EMERGENCY MANAGEMENT. (a) The department [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 outbreaks, hurricanes, floods, tornadoes, wildfires, and acts of terrorism.

(b) The department [commission] may assist with local emergency management planning. This subsection may not be construed to affect the department's [commission's] responsibility under any other law, including Chapter 418, Government Code, or any responsibility delegated to the department [commission] by an emergency management authority of this state.

SECTION 18. Sections 161.0417(a), (b), (c), and (d), Agriculture Code, are amended to read as follows:

(a) A person, including a veterinarian, must be authorized by the department [commission] in order to engage in an activity that is part of a state or federal disease control or eradication program for animals.

(b) The department [commission] shall adopt rules for the authorization of a person described by Subsection (a).

(c) The department [commission] may, after reasonable notice, suspend or revoke a person's authorization under Subsection (a) if the department [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 department [commission] or a hearing examiner appointed by the department [commission] before the department [commission] may revoke the person's authorization under Subsection (a). The department [commission] shall make all final decisions to suspend or revoke an authorization.

SECTION 19. Section 161.042, Agriculture Code, is amended to read as follows:

Sec. 161.042. SALE AND DISTRIBUTION OF VETERINARY BIOLOGICS. The department [commission] may control the sale and distribution of all veterinary biologics except rabies vaccine. Rabies vaccine shall be sold, distributed, dispensed, and administered in compliance with Chapter 826, Health and Safety Code, and the rules adopted thereunder by the executive commissioner of the Health and Human Services Commission [Texas Board of Health].

SECTION 20. Section 161.043, Agriculture Code, is amended to read as follows:

Sec. 161.043. REGULATION OF EXHIBITIONS. The department [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.

SECTION 21. Section 161.044, Agriculture Code, is amended to read as follows:

Sec. 161.044. REGULATION OF LIVESTOCK MOVEMENT FROM STOCKYARDS OR RAILWAY SHIPPING PENS. The department [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.

SECTION 22. Sections 161.0445(b), (c), and (d), Agriculture Code, are amended to read as follows:

(b) The owner or person in charge of an export-import facility shall notify the department [commission] not later than 24 hours after an animal received or held at the facility is refused export out of this state or entry into another country.

(c) The department [commission] may require that an animal held at an export-import facility be tested or treated for a disease or pest if an authorized department [commission] employee considers the test or treatment necessary. The department [commission] may require the testing or treatment be performed before the animal is removed from the export-import facility. This state is not liable for the amount of any fee charged for the testing or treatment.

(d) The department [commission] may, for disease or pest control purposes, adopt rules necessary to implement, administer, and enforce this section. The rules may include reporting and recordkeeping requirements and provisions governing the movement, inspection, testing, or treatment of animals.

SECTION 23. Section 161.045, Agriculture Code, is amended to read as follows:

Sec. 161.045. EMPLOYEES; CHIEF VETERINARIAN. The department [commission] may employ personnel as necessary in the administration of this chapter or other duties of the department [commission], including a chief veterinarian, a first assistant veterinarian, other veterinarians, and clerical personnel.

SECTION 24. Section 161.047(a), Agriculture Code, is amended to read as follows:

(a) A [commissioner or a] veterinarian or inspector employed by the department [commission] may enter public or private property for the exercise of an authority or performance of a duty under this chapter.

SECTION 25. Sections 161.048(a), (b), (c), (d), and (d-1), Agriculture Code, are amended to read as follows:

(a) An agent of the department [commission] is entitled to stop and inspect a shipment of animals or animal products being transported in this state in order to:

(1) determine if the shipment is in compliance with the laws and rules administered by the department [commission] affecting the shipment;

(2) determine if the shipment originated from a quarantined area or herd; or

(3) determine if the shipment presents a danger to the public health or livestock industry through insect infestation or through a communicable or noncommunicable disease.

(b) The department [commission] may detain a shipment of animals or animal products that is being transported in violation of law or a rule of the department [commission]. The department [commission] may require that the shipment be unloaded at the nearest available loading facility.

(c) The department [commission] may not inspect a railroad train at any point other than a terminal.

(d) The department [commission] may post signs on public highways and use signaling devices, including red lights, in conjunction with signs, if necessary to effectively signal and stop vehicles for inspection.

(d-1) The department [commission] may enter into an agreement with a corporation or other private entity to provide goods or services for the establishment and operation of checkpoints or the performance of inspections under this section.

SECTION 26. Sections 161.049(c), (d), and (e), Agriculture Code, are amended to read as follows:

(c) The department [commission] may require a livestock, exotic livestock, domestic fowl, or exotic fowl dealer to maintain records of all livestock, exotic livestock, domestic fowl, or exotic fowl bought and sold by the dealer.

(d) The department [commission] may inspect and copy the records of a livestock, exotic livestock, domestic fowl, or exotic fowl dealer that relate to the buying and selling of those animals.

(e) The department [commission] by rule shall adopt the form and content of the records maintained by a dealer under Subsection (c) [of this section].

SECTION 27. Section 161.050, Agriculture Code, is amended to read as follows:

Sec. 161.050. INJUNCTION. The department [commission] is entitled to appropriate injunctive relief to prevent or abate a violation of a statute administered or enforced by the department [commission] or a rule adopted or order issued by the department [commission] under such a statute. On request of the department [commission], the attorney general shall file suit for the injunctive relief. Venue is in Travis County.

SECTION 28. Section 161.051, Agriculture Code, is amended to read as follows:

Sec. 161.051. MEMORANDUM OF UNDERSTANDING ON ENFORCEMENT OF DEPARTMENT [COMMISSION] POWERS. (a) The Department of Agriculture [commission] and the Department of Public Safety by rule shall adopt a joint memorandum of understanding that includes provisions under which Department of Public Safety officers are to check for health papers and permits when a livestock vehicle is stopped for other reasons in the regular course of the officers' duties. The memorandum shall require:

(1) Department of Agriculture [commission] staff to provide information to Department of Public Safety officers regarding health papers and permits;

(2) Department of Public Safety officers to report potential problems to the Department of Agriculture [commission];

(3) Department of Agriculture [commission] staff to investigate possible violations reported by Department of Public Safety officers;

(4) Department of Public Safety officers to provide assistance when requested by the Department of Agriculture [commission]; and

(5) Department of Agriculture [commission] personnel to notify the Department of Public Safety, when appropriate, of the location of Department of Agriculture [commission] roadblocks or special or night operations.

(b) The Department of Agriculture [commission] and the Department of Public Safety shall review and update the memorandum not later than the last month of each state fiscal year.

SECTION 29. Section 161.052, Agriculture Code, is amended to read as follows:

Sec. 161.052. MEMORANDUM OF UNDERSTANDING ON COOPERATION WITH LOCAL AUTHORITIES. (a) The department [commission] and the commissioners court of a county by rule may adopt a joint memorandum of understanding that includes provisions under which the sheriff of that county or the sheriff's deputies are to check for health papers and permits when a livestock vehicle is stopped for other reasons in the regular course of the sheriff's or the deputies' duties. The memorandum shall require:

(1) department [commission] staff to provide information to the sheriff and the deputies regarding health papers and permits;

(2) the sheriff and the deputies to report potential problems to the department [commission];

(3) department [commission] staff to investigate possible violations reported by the sheriff or the deputies;

(4) the sheriff or deputies to provide assistance when requested by the department [commission]; and

(5) department [commission] personnel to notify the sheriff, when appropriate, of department [commission] roadblocks located in the county or special or night operations planned for the county.

(b) The department [commission] and each commissioners court with which the department [commission] adopted a memorandum of understanding shall review and update the memorandum not later than the last month of each state fiscal year.

SECTION 30. Section 161.0525, Agriculture Code, is amended to read as follows:

Sec. 161.0525. MEMORANDUM OF UNDERSTANDING ON COOPERATION WITH OTHER STATES. The department [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 department [commission] and the other state may provide assistance to each other in the case of an animal disease outbreak.

SECTION 31. Section 161.054, Agriculture Code, is amended to read as follows:

Sec. 161.054. REGULATION OF MOVEMENT OF ANIMALS; EXCEPTION. (a) As a control measure, the department [commission] by rule may regulate the movement of animals, including feral swine. The department [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 department [commission] may require testing, vaccination, or another epidemiologically sound procedure before or after animals are moved.

(b) The department [commission] by rule may prohibit or regulate the movement of animals, including feral swine, into a quarantined herd, premise, or area.

(c) The department [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 commissioner [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 commissioner [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 department [commission] by rule may require disease testing before movement of a feral swine from one location to another, and establish the conditions under which feral swine may be transported.

(f) The department's [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.

SECTION 32. Sections 161.0541(a), (b), and (c), Agriculture Code, are amended to read as follows:

(a) The department [commission] by rule may establish a disease surveillance program for elk.

(b) Rules adopted under this section must:

(1) require each person who moves elk in this state to have elk tested for chronic wasting disease or other diseases as determined by the department [commission];

(2) be designed to protect the health of the elk population in this state; and

(3) include provisions for testing, identification, transportation, and inspection under the disease surveillance program.

(c) A person commits an offense if the person knowingly violates a rule adopted by the department [commission] under this section.

SECTION 33. Section 161.0542, Agriculture Code, is amended to read as follows:

Sec. 161.0542. NOTICE OF WILDLIFE DISEASE OUTBREAK. (a) Notwithstanding any law restricting the disclosure of information by the department [commission] and subject to Subsection (b), if the department [commission] becomes aware of a wildlife disease outbreak on a property, the department [commission] shall provide notice of the location and nature of the outbreak to:

(1) each owner of adjacent property; and

(2) the Parks and Wildlife Department.

(b) Subsection (a) applies only to a disease that the department [commission] has designated as reportable.

SECTION 34. Section 161.0545, Agriculture Code, is amended to read as follows:

Sec. 161.0545. MOVEMENT OF ANIMAL PRODUCTS. The department [commission] may adopt rules that require the certification of persons who transport or dispose of inedible animal products, including carcasses, body parts, and waste material. The department [commission] by rule may provide terms and conditions for the issuance, renewal, and revocation of a certification under this section.

SECTION 35. Sections 161.055(a) and (b), Agriculture Code, are amended to read as follows:

(a) The department [commission] may require slaughter plants to collect and submit blood samples and other diagnostic specimens for testing for disease.

(b) The department [commission] by rule shall determine the method of collecting, submitting, and testing of blood samples and other diagnostic specimens.

SECTION 36. Section 161.056, Agriculture Code, is amended to read as follows:

Sec. 161.056. ANIMAL IDENTIFICATION PROGRAM. (a) In order to provide for disease control and enhance the ability to trace disease-infected animals or animals that have been exposed to disease, the department [commission] may develop and implement an animal identification program that is no more stringent than a federal animal disease traceability or other federal animal identification program.

(c) The department [commission] may adopt rules to require the use of official identification as part of the animal identification program under Subsection (a) for animal disease control or animal emergency management.

(d) The department [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 department [commission] under this section is exempt from the public disclosure requirements of Chapter 552, Government Code. The department [commission] may provide information to another person, including a governmental entity, without altering the confidential status of the information. The department [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 United States 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;

(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 commissioner [executive director of the commission] considers appropriate, if the commissioner [executive director] determines that:

(A) livestock may be threatened by a disease, agent, or pest; and

(B) the release of the information is related to actions the department [commission] may take under this section.

(f) Notwithstanding Subsection (e), the department [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.

(i) The department [commission] may adopt rules necessary to implement and enforce this section.

SECTION 37. Section 161.057, Agriculture Code, is amended to read as follows:

Sec. 161.057. CLASSIFICATION OF AREAS. (a) The department [commission] by rule may prescribe criteria for classifying areas in the state for disease control. The criteria must be based on sound epidemiological principles. The department [commission] may prescribe different control measures and procedures for areas with different classifications.

(b) The department [commission] by rule may designate as a particular classification an area consisting of one or more counties.

SECTION 38. Section 161.058, Agriculture Code, is amended to read as follows:

Sec. 161.058. COMPENSATION OF LIVESTOCK OR FOWL OWNER. (a) The department [commission] may pay an indemnity to the owner of livestock, domestic fowl, or exotic fowl exposed to or infected with a disease if the department [commission] considers it necessary to eradicate the disease and to dispose of the exposed or diseased livestock, domestic fowl, or exotic fowl. The department [commission] shall provide the owner with information regarding available state or federal indemnity funds.

(b) The department [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 department [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.

SECTION 39. Section 161.059, Agriculture Code, is amended to read as follows:

Sec. 161.059. QUALITY ASSURANCE ASSISTANCE. On request of an organization representing producers of a commodity in an industry regulated by the department [commission], the department [commission] may assist in the development, support, and oversight of a food safety or quality assurance program, including the provision of testing services.

SECTION 40. Section 161.060, Agriculture Code, is amended to read as follows:

Sec. 161.060. AUTHORITY TO SET AND COLLECT FEES. [(a)] The department [commission] may charge a fee, as provided by department [commission] rule, for an inspection made by the department [commission].

SECTION 41. Section 161.0601, Agriculture Code, is amended to read as follows:

Sec. 161.0601. CERTIFICATES OF VETERINARY INSPECTION. (a) The department [commission] by rule may provide for the issuance, including electronically, of a certificate of veterinary inspection by a veterinarian to a person transporting livestock, exotic livestock, domestic fowl, or exotic fowl.

(b) The department [commission] by rule shall set and charge a fee for each certificate of veterinary inspection provided to a veterinarian under this section.

SECTION 42. Section 161.0602, Agriculture Code, is amended to read as follows:

Sec. 161.0602. PERSONS OR LABORATORIES PERFORMING EQUINE INFECTIOUS ANEMIA TESTS. (a) The department [commission] shall adopt rules that require a person or laboratory to be approved by the department [commission] if the person or laboratory performs an official equine infectious anemia test.

(b) Rules adopted under this section must include:

(1) approval requirements;

(2) provisions governing the issuance, renewal, and revocation of an approval;

(3) inspection requirements;

(4) recordkeeping requirements;

(5) equine infectious anemia testing methods approved by the department [commission]; and

(6) proficiency standards.

SECTION 43. Sections 161.0603(b), (c), and (d), Agriculture Code, are amended to read as follows:

(b) This section does not prevent the department [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 department [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 department [commission]; and

(3) set fees associated with laboratory services performed for the department [commission] in amounts sufficient to recover the costs of those services.

(d) The department [commission] and the Texas A&M Veterinary Medical Diagnostic Laboratory shall annually review the memorandum of understanding under Subsection (c).

SECTION 44. Sections 161.061(a) and (c), Agriculture Code, are amended to read as follows:

(a) The department [commission] may establish a quarantine against all or the portion of a state, territory, or country in which a disease listed in rules adopted under Section 161.041 exists.

(c) The department [commission] may establish a quarantine to prohibit or regulate the movement of:

(1) any article or animal that the department [commission] designates to be a carrier of a disease listed in rules adopted under Section 161.041 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.

SECTION 45. Sections 161.0615(a) and (c), Agriculture Code, are amended to read as follows:

(a) The department [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 and shall clearly describe the territory included in a quarantine area.

(c) The department [commission] by rule shall prescribe the manner in which notice of a statewide or widespread quarantine under this section is to be published.

SECTION 46. Section 161.062, Agriculture Code, is amended to read as follows:

Sec. 161.062. PUBLICATION OF NOTICE. (a) Except as provided by Section 161.0615, the department [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 department [commission] shall pay the expense of publication out of any appropriation made for office and stationery expenses of the department [commission].

(b) The department [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 department [commission] may pay the expense of publication or posting out of any appropriation made for the office and stationery expenses of the department [commission] or out of any appropriation made for the control or eradication of communicable diseases 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.

SECTION 47. Sections 161.063(a) and (d), Agriculture Code, are amended to read as follows:

(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 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 department [commission] to issue certificates or permits permitting movement.

(d) If the quarantine regulates or prohibits the movement of a carrier or potential carrier of a disease, the department [commission] may prescribe any exceptions, terms, conditions, or provisions that the department [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.

SECTION 48. Sections 161.065(b) and (c), Agriculture Code, are amended to read as follows:

(b) The department [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 department [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 department [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 department [commission] shall quarantine the animals until they have been properly treated, vaccinated, tested, or disposed of in accordance with the rules of the department [commission].

SECTION 49. Section 161.081, Agriculture Code, is amended to read as follows:

Sec. 161.081. IMPORTATION OF ANIMALS. (a) The department [commission] by rule may regulate the movement, including movement by a railroad company or other common carrier, of livestock, exotic livestock, domestic animals, domestic fowl, or exotic fowl into this state from another state, territory, or country.

(b) The department [commission] by rule may provide the method for inspecting and testing animals before and after entry into this state.

(c) The department [commission] by rule may provide for the issuance and form of health certificates and entry permits. The rules may include standards for determining which veterinarians of this state, other states, and departments of the federal government are authorized to issue the certificates or permits.

SECTION 50. Section 161.101, Agriculture Code, is amended to read as follows:

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 department [commission] the existence of diseases listed in rules adopted by the department [commission] among livestock, exotic livestock, bison, domestic fowl, or exotic fowl within 24 hours after diagnosis of the disease. The department [commission] shall adopt and periodically update rules listing the diseases that the department [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 department [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 department [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 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 department [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 department [commission] determines that action to be necessary for the protection of animal health in this state. The department [commission] shall immediately deliver a copy of a rule adopted under this subsection to the appropriate legislative oversight committees.

(d) The department [commission] may not adopt, amend, or repeal a rule under this section unless the department [commission] holds a public hearing on the proposed action following public notice of the hearing.

SECTION 51. Section 161.102, Agriculture Code, is amended to read as follows:

Sec. 161.102. SUBMISSION OF SPECIMEN OF ANTHRAX VICTIM. Immediately after pronouncing that an animal has died from anthrax, as evidenced by a clinical or postmortem examination, a veterinarian shall prepare and submit to the department [commission] or a laboratory approved by the department [commission]:

(1) a suitable specimen from the animal;

(2) the name and address of the owner or caretaker of the animal; and

(3) the location of the premises on which the animal died.

SECTION 52. Section 161.112, Agriculture Code, is amended to read as follows:

Sec. 161.112. RULES. (a) Following notice and public hearing, the department [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.

(b) Following notice and public hearing, the department [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.

SECTION 53. Section 161.113, Agriculture Code, is amended to read as follows:

Sec. 161.113. TESTING, TREATMENT, OR VACCINATION OF LIVESTOCK. (a) The department [commission] shall adopt rules for testing, treatment, or vaccination under this subchapter. The state may not be required to pay the cost of fees charged for the testing, treatment, or vaccination.

(b) If the department [commission] requires the dipping of livestock under this subchapter, the livestock shall be treated in a manner prescribed by department rule [of the commission].

(c) The department [commission] may require the owner or operator of a livestock market to furnish adequate equipment or facilities or have access to essential equipment or facilities within the immediate vicinity of the livestock market.

SECTION 54. Section 161.115, Agriculture Code, is amended to read as follows:

Sec. 161.115. ENTRY POWER. An agent of the department [commission] is entitled to enter any livestock market for the exercise of authority or performance of a duty under this subchapter.

SECTION 55. Sections 161.116(a), (b), (d), (e), and (g), Agriculture Code, are amended to read as follows:

(a) In this section [action], "diseased" means affected by actinobacillosis, actinomycosis, carcinoma, mastitis, or any other disease that renders the carcass of an animal potentially dangerous for human consumption and has been so designated by department 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 department [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.

(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 department [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 department [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.

(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 department [commission].

SECTION 56. 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 of livestock, a person may not attempt to prove that the action was taken by a person other than an authorized representative of the department [commission].

SECTION 57. Section 161.136(a), Agriculture Code, is amended to read as follows:

(a) A person commits an offense if, without a certificate required by department rule [of the commission] under Section 161.043 [of this code], the person:

(1) enters livestock, exotic livestock, domestic animals, domestic fowl, or exotic fowl into an exhibition, show, or fair; or

(2) brings livestock, exotic livestock, domestic animals, domestic fowl, or exotic fowl on the grounds of an exhibition, show, or fair for the purpose of entering.

SECTION 58. Section 161.137(a), Agriculture Code, is amended to read as follows:

(a) A person commits an offense if the person:

(1) removes livestock from a stockyard or railway shipping pen without a certificate required by department rule [of the commission] under Section 161.044 [of this code]; or

(2) as the owner or person in charge of the stockyard or pen, permits the removal of livestock under Subdivision (1) [of this section].

SECTION 59. Section 161.1375(a), Agriculture Code, is amended to read as follows:

(a) A person commits an offense if the person recklessly:

(1) moves feral swine in a manner that is not in compliance with department rules adopted [by the commission] under Section 161.0412 or 161.054; or

(2) as the owner or person in charge of a holding facility in which a feral swine is held, permits another to remove feral swine from the holding facility in a manner that is not in compliance with those rules.

SECTION 60. Section 161.138(a), Agriculture Code, is amended to read as follows:

(a) A person commits an offense if the person refuses to permit a representative of the department [commission] to enter property or premises of which the person is the owner, tenant, or caretaker for the purpose of carrying out a provision of this chapter.

SECTION 61. Section 161.139(a), Agriculture Code, is amended to read as follows:

(a) A person commits an offense if the person:

(1) refuses to permit inspection of animals under Section 161.048 [of this code]; or

(2) fails to stop a truck, trailer, wagon, or automobile suspected of carrying animals or animal products if requested or signaled to do so by an agent of the department [commission].

SECTION 62. Section 161.140(a), Agriculture Code, is amended to read as follows:

(a) A person commits an offense if the person:

(1) refuses to allow the department [commission] or an agent of the department [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 department [commission] or agent has reason to believe is affected by a communicable disease; or

(2) hinders or obstructs the department [commission] or its agent in an examination under Subdivision (1) [of this subsection].

SECTION 63. Section 161.1405(a), Agriculture Code, is amended to read as follows:

(a) A person who is the owner or caretaker of livestock, exotic livestock, fowl, or exotic fowl commits an offense if the person knowingly refuses to gather the animals for testing, identification, inspection, or another procedure required by department [commission] rule.

SECTION 64. Sections 161.143(a) and (c), Agriculture Code, are amended to read as follows:

(a) A person, including a railroad company or other common carrier, commits an offense if the person knowingly moves an animal into this state in violation of a department rule [of the commission] adopted under Section 161.081 [of this code].

(c) A person commits a separate offense for each animal moved in violation of a department rule [of the commission].

SECTION 65. Sections 161.146(a) and (b), Agriculture Code, are amended to read as follows:

(a) A person commits an offense if the person, as the owner or operator of a livestock market, fails or refuses to furnish adequate facilities in accordance with Section 161.113(c) [of this code] or fails or refuses to permit an agent of the department [commission] to enter the market, exercise an authority, or perform a duty under Subchapter G [of this chapter]. A person commits a separate offense for each day of failure or refusal.

(b) A person commits an offense if the person removes livestock from a livestock market without a certificate required by department rule [of the commission] adopted under Subchapter G [of this chapter].

SECTION 66. Sections 161.148(a), (d), (e), (f), (g), (h), (i), (j), (k), (l), (m), and (n), Agriculture Code, are amended to read as follows:

(a) The department [commission] may impose an administrative penalty on a person who violates this subtitle or a rule or order adopted under this subtitle.

(d) If the department [An executive director who] determines that a violation has occurred, the department may issue [to the commission] a report that states the facts on which the determination is based and the department's [director's] recommendation on the imposition of a penalty, including a recommendation on the amount of the penalty.

(e) Within 14 days after the date the report is issued, the department [executive director] shall give written notice of the report to the person. The notice may be given by certified mail. The notice must include a brief summary of the alleged violation and a statement of the amount of the recommended penalty and must inform the person that the person has a right to a hearing on the occurrence of the violation, the amount of the penalty, or both the occurrence of the violation and the amount of the penalty.

(f) Within 20 days after the date the person receives the notice, the person in writing may accept the determination and recommended penalty of the department [executive director] or may make a written request for a hearing on the occurrence of the violation, the amount of the penalty, or both the occurrence of the violation and the amount of the penalty.

(g) If the person accepts the determination and recommended penalty of the department [executive director], the department [commission] by order shall approve the determination and impose the recommended penalty.

(h) If the person requests a hearing or fails to respond timely to the notice, an administrative law judge of the State Office of Administrative Hearings [the executive director] shall set a hearing and the department shall give notice of the hearing to the person. The hearing shall be held by the [an] administrative law judge [of the State Office of Administrative Hearings]. The administrative law judge shall make findings of fact and conclusions of law and promptly issue to the department [commission] a proposal for a decision about the occurrence of the violation and the amount of a proposed penalty. Based on the findings of fact, conclusions of law, and proposal for a decision, the department [commission] by order may find that a violation has occurred and impose a penalty or may find that no violation occurred.

(i) The notice of the department's [commission's] order given to the person under Chapter 2001, Government Code, must include a statement of the right of the person to judicial review of the order.

(j) Within 30 days after the date the department's [commission's] order becomes final as provided by Section 2001.144, Government Code, the person shall:

(1) pay the amount of the penalty;

(2) pay the amount of the penalty and file a petition for judicial review contesting the occurrence of the violation, the amount of the penalty, or both the occurrence of the violation and the amount of the penalty; or

(3) without paying the amount of the penalty, file a petition for judicial review contesting the occurrence of the violation, the amount of the penalty, or both the occurrence of the violation and the amount of the penalty.

(k) Within the 30-day period, a person who acts under Subsection (j)(3) [of this section] may:

(1) stay enforcement of the penalty by:

(A) paying the amount of the penalty to the court for placement in an escrow account; or

(B) giving to the court a supersedeas bond that is approved by the court for the amount of the penalty and that is effective until all judicial review of the department's [board's] order is final; or

(2) request the court to stay enforcement of the penalty by:

(A) filing with the court a sworn affidavit of the person stating that the person is financially unable to pay the amount of the penalty and is financially unable to give the supersedeas bond; and

(B) giving a copy of the affidavit to the department [executive director] by certified mail.

(l) The department, on receipt of [An executive director who receives] a copy of an affidavit under Subsection (k)(2), [of this section] may file with the court[,] within five days after the date the copy is received[,] a contest to the affidavit. The court shall hold a hearing on the facts alleged in the affidavit as soon as practicable and shall stay the enforcement of the penalty on finding that the alleged facts are true. The person who files an affidavit has the burden of proving that the person is financially unable to pay the amount of the penalty and to give a supersedeas bond.

(m) If the person does not pay the amount of the penalty and the enforcement of the penalty is not stayed, the department [executive director] may refer the matter to the attorney general for collection of the amount of the penalty.

(n) Judicial review of the order of the department [commission]:

(1) is instituted by filing a petition as provided by Subchapter G, Chapter 2001, Government Code; and

(2) is under the substantial evidence rule.

SECTION 67. Section 162.001(a), Agriculture Code, is amended to read as follows:

(a) In this chapter, "caretaker" means a caretaker of an animal as described[:

[(1) "Caretaker" has the meaning assigned] by Section 161.002 [of this code].

[(2) "Commission" means the Texas Animal Health Commission.]

SECTION 68. Section 162.002, Agriculture Code, is amended to read as follows:

Sec. 162.002. COOPERATIVE PROGRAM. (a) The department [commission] may cooperate with the United States Department of Agriculture and the county commissioners courts in a cooperative program for the eradication of tuberculosis among cattle and the establishment of areas based on prevalence of the disease.

(b) The commissioners court of each county may cooperate with the department [commission] and the United States Department of Agriculture in a cooperative program under this chapter, but shall cooperate if presented with a petition signed by at least 75 percent of the owners of cattle in the county as shown by the county tax rolls.

SECTION 69. Section 162.003, Agriculture Code, is amended to read as follows:

Sec. 162.003. TESTING. The department [commission] by rule shall prescribe the manner, method, and system of testing cattle for tuberculosis under a cooperative program.

SECTION 70. Section 162.004, Agriculture Code, is amended to read as follows:

Sec. 162.004. CERTIFICATE OF TEST OR VACCINATION OF CATTLE OR OTHER ANIMALS. (a) For each tuberculosis test performed on cattle, hogs, or fowl, a veterinarian shall file a certificate with the department [commission] that identifies the animals tested and shows:

(1) the name and post office address of the owner;

(2) the location of the premises and the animals;

(3) the date of the test;

(4) the kind of test conducted;

(5) the result of the test; and

(6) whether the test was an interstate, accredited herd, municipal, or private test.

(b) For each vaccination of hogs, a veterinarian shall file a certificate with the department [commission] that shows:

(1) the name and post office address of the owner;

(2) the location of the premises;

(3) the number of hogs vaccinated; and

(4) the amount and serial number of the serum and virus or other biologics used.

(c) A certificate under this section must be:

(1) in a form prescribed by the department [commission]; and

(2) sent to the department [commission] within the time prescribed by the department [commission] by rule.

SECTION 71. Section 162.005, Agriculture Code, is amended to read as follows:

Sec. 162.005. IDENTIFICATION OF CATTLE. If cattle examined by a veterinarian show a positive reaction to the tuberculin test or show evidence of tuberculosis infection by clinical or laboratory examination, the veterinarian shall:

(1) comply with any identification requirements of the department [commission]; and

(2) not later than 48 hours after the identification, report the identification to the department [commission], together with the location, description, and number of animals identified.

SECTION 72. Sections 162.006(a) and (b), Agriculture Code, are amended to read as follows:

(a) The department [commission] shall immediately quarantine cattle and the premises on which the cattle are located if the cattle show a positive reaction when tested for tuberculosis by a veterinarian recognized by the department [commission] for that purpose.

(b) Before the establishment of a quarantine a person may not move the cattle that show a positive reaction from the enclosure in which they were located at the time of testing, and may not sell, trade, barter, grant, or loan those animals. After a quarantine is established, a person may not move any cattle from the quarantined premises without first obtaining a written permit from the department [commission].

SECTION 73. Section 162.009, Agriculture Code, is amended to read as follows:

Sec. 162.009. TUBERCULOSIS MODIFIED ACCREDITED ADVANCED AND TUBERCULOSIS FREE AREAS. (a) As part of a cooperative program, the department [commission] or its representative may examine, test, and retest any cattle in this state as necessary to maintain an area of this state as a tuberculosis modified accredited advanced area or to establish or maintain each area of this state as a tuberculosis free area under the uniform methods and rules of the United States Department of Agriculture and the rules of the department [commission].

(b) The department [commission] or its representative may test or retest all or part of a herd of cattle at intervals considered necessary or advisable by the department [commission] to control and eliminate tuberculosis in animals.

SECTION 74. Section 162.010, Agriculture Code, is amended to read as follows:

Sec. 162.010. DUTY OF OWNER OR CARETAKER TO ASSIST; NOTICE. (a) On written notice by the department [commission] or its representative, the owner, part owner, or caretaker of cattle shall assemble and submit the cattle for tuberculosis examination and testing. The notice must set the date and approximate time the cattle are to be tested and must be delivered by registered mail not later than the 10th day before that date.

(b) The person receiving the notice shall provide reasonable assistance in confining the cattle and providing facilities for proper administration of the test. The person shall return the cattle to the same place for observation at a time designated by the department [commission] or its representative.

SECTION 75. Section 162.013(a), Agriculture Code, is amended to read as follows:

(a) A person commits an offense if, as the owner, part owner, or caretaker of cattle, the person fails or refuses to assemble the cattle or to provide assistance in accordance with Section 162.010 [of this code] at the time and place provided in the notice issued by the department [commission].

SECTION 76. Section 162.014(a), Agriculture Code, is amended to read as follows:

(a) The following agencies, colleges, and services jointly shall conduct a review of the state's current programs to research, control, and eradicate animal tuberculosis in both traditional and nontraditional farm and ranch animals:

(1) the department [commission];

(2) [the Department of Agriculture;

[(3) the] Texas A&M AgriLife Research [Agricultural Experiment Station];

(3) [(4)] the Texas A&M AgriLife [Agricultural] Extension Service;

(4) [(5) the Texas Animal Damage Control Service;

[(6)] the [Texas] Department of State Health Services;

(5) The Texas A&M University [(7) the] College of Veterinary Medicine[, Texas A&M University]; and

(6) [(8)] the Texas A&M Veterinary Medical Diagnostic Laboratory.

SECTION 77. Section 163.001(a), Agriculture Code, is amended to read as follows:

(a) In this chapter, "caretaker" means a caretaker of an animal as described[:

[(1) "Caretaker" has the meaning assigned] by Section 161.002 [of this code].

[(2) "Commission" means the Texas Animal Health Commission.]

SECTION 78. Section 163.002, Agriculture Code, is amended to read as follows:

Sec. 163.002. COOPERATIVE PROGRAM. In order to bring about effective control of bovine brucellosis, to allow Texas cattle to move in interstate and international commerce with the fewest possible restrictions, and to accomplish those purposes in the most effective, practical, and expeditious manner, the department [commission] may enforce this chapter and enter into cooperative agreements with the United States Department of Agriculture.

SECTION 79. Section 163.003, Agriculture Code, is amended to read as follows:

Sec. 163.003. FEES. The department [commission] may establish fees in amounts necessary to cover the cost of administering this chapter when combined with funds received from other sources.

SECTION 80. Section 163.021, Agriculture Code, is amended to read as follows:

Sec. 163.021. CLASSIFICATION OF AREAS. (a) The department [commission] by rule may prescribe criteria for classifying areas in the state for purposes of brucellosis control. The department [commission] may prescribe differing control measures and procedures according to the classification of the areas. The classifications shall be based on criteria that use sound epidemiological principles and are similar to the criteria provided by federal brucellosis control regulations.

(b) The department [commission] by rule may designate as a particular classification any area consisting of one county or two or more contiguous counties. The designation of an area for state purposes need not be the same as the designation of the area for federal purposes.

SECTION 81. Section 163.061, Agriculture Code, is amended to read as follows:

Sec. 163.061. RULES; REPORTS. Following notice and a hearing, the department [commission] may adopt rules and require reports and records as necessary to carry out Subchapters A, B, and D [A-D of this chapter], including rules, reports, and records that relate to the testing or vaccination of cattle or to the movement of cattle into and within an area.

SECTION 82. Section 163.062, Agriculture Code, is amended to read as follows:

Sec. 163.062. EMPLOYEES. The department [commission] may employ personnel, including veterinarians, inspectors, stenographers, and clerks, as necessary to the enforcement of Subchapter A, B, or D [Subchapters A-D of this chapter] or the performance of duties under those subchapters. The department [commission] may assign to those employees any duty under those subchapters.

SECTION 83. Section 163.063, Agriculture Code, is amended to read as follows:

Sec. 163.063. ENTRY POWER. (a) A representative of the department [commission, including a member of the commission,] is entitled to enter any public or private property for the exercise of authority or performance of a duty under Subchapter A, B, or D [Subchapters A-D of this chapter].

(b) A representative of the department [commission] under Subsection (a) [of this section] who desires to be accompanied by a peace officer may apply for and be issued a search warrant in the manner provided by Section 161.047 [of this code].

SECTION 84. Section 163.064, Agriculture Code, is amended to read as follows:

Sec. 163.064. TESTING AND VACCINATION. (a) Only a person approved by the department [commission] may perform testing and vaccinating for brucellosis, regardless of whether the person is a veterinarian.

(b) The department [commission] by rule shall prescribe criteria for classifying cattle as negative, infected with brucellosis, or suspected of being infected with brucellosis. Each classification must be based on the testing of cattle. The testing may include serological testing, microbiological culturing of blood, tissue, secretions, or excretions, or both.

(c) The department [commission] may by rule regulate and require the vaccination of female cattle within all or any of the area classifications. Among other rules, the department [commission] may adopt rules providing for:

(1) the identification of cattle to be vaccinated;

(2) approval of the vaccine used; and

(3) the method of administering the vaccine.

(d) The department [commission] by rule may regulate the sale and use of brucellosis antigens and vaccines. A person may not sell a brucellosis antigen or vaccine unless the antigen or vaccine is approved by the department [commission]. A person may not administer a brucellosis antigen or vaccine unless the antigen or vaccine is approved by the department [commission] and the person is authorized by the department [commission] to administer the antigen or vaccine.

SECTION 85. Section 163.065, Agriculture Code, is amended to read as follows:

Sec. 163.065. BRANDING AND HANDLING OF DISEASED CATTLE. (a) If a tested animal shows evidence of infection with brucellosis, the person performing the test shall handle the animal in accordance with department [the] rules [of the commission]. The department [commission] may prescribe requirements according to the classification of the area in which the animal is located. Among other requirements, the department [commission] may require the person performing the test to:

(1) furnish the owner of the animal with written data showing that the animal is infected;

(2) fire brand the animal on the left jaw with the letter "B";

(3) place an approved, numbered identification on the animal; and

(4) report the identification number in writing to the department [commission].

(b) If an animal shows evidence of infection, the herd of which it is a part shall also be handled in accordance with department [the] rules [of the commission], which may provide for:

(1) quarantines;

(2) the manner, method, and system of disposing of reactor cattle;

(3) the testing and retesting of the herd; or

(4) other measures, such as quarantine only, where the animals from the herd are sold exclusively for slaughter and where the department's [commission's] rules are in compliance with the current requirements of the Brucellosis Eradication Uniform Methods and Rules of the cooperative state-federal brucellosis eradication program.

SECTION 86. Section 163.066, Agriculture Code, is amended to read as follows:

Sec. 163.066. REGULATION OF MOVEMENT OF CATTLE; EXCEPTION. (a) As a control measure, the department [commission] by rule may regulate the movement of cattle. The department [commission] may restrict the intrastate movement of cattle even though the movement of the cattle is unrestricted in interstate or international commerce. The department [commission] may require testing, vaccination, or another procedure that is epidemiologically sound before or following the movement of cattle.

(b) The department [commission] may not adopt a rule that prohibits a person from moving cattle owned by that person within unquarantined contiguous lands owned or controlled by that person.

(c) Any restriction on the movement of cattle imposed under provisions of this chapter may be modified or set aside by the department [commission] upon application by the cattle owner, provided that the owner can show impending unusual hardship resulting from such restriction. Contributory factors may include but are not limited to prolonged drought, inadequacy of pasturage or usual feed supply resulting from disaster or other unforeseeable circumstance, or economic hardship of the cattle owner; provided that individual animals under restriction shall be handled in a manner to be prescribed by the department [commission].

SECTION 87. Section 163.069, Agriculture Code, is amended to read as follows:

Sec. 163.069. INDIVIDUAL HERD PLANS. (a) The department [commission] by rule may provide for the handling and treatment of individual herds in which testing or epidemiology has produced evidence of infection or which was adjacent to a herd in which infection is found. Each plan shall be designed to aid the caretaker of the herd in preventing or reducing spread of the infection and in eliminating the infection.

(b) Each herd plan must be based on sound epidemiological principles and the classification of the area in which the herd is located. In prescribing a herd plan, the department [commission] may consider, among other items:

(1) the risk of the infection spreading to other herds;

(2) the cost to other herd owners resulting from spread of the infection;

(3) the extent of infection and of possible exposure within the herd;

(4) the type of cattle operation conducted by the herd's caretaker; and

(5) the conditions affecting the economics and management of the herd.

SECTION 88. Section 163.070, Agriculture Code, is amended to read as follows:

Sec. 163.070. REQUIRED ASSISTANCE. If ordered by the department [commission] or its representative, the owner or caretaker of cattle shall submit the cattle and furnish labor and facilities used in normal operation in order that the cattle may be tested, vaccinated, or otherwise handled in accordance with department [the] rules [of the commission].

SECTION 89. Sections 163.072(a) and (b), Agriculture Code, are amended to read as follows:

(a) The department [commission] may require slaughter plants to collect and submit blood samples for brucellosis testing.

(b) The department [commission] by rule shall determine the method of collecting, submitting, and testing of blood samples.

SECTION 90. Section 163.081(a), Agriculture Code, is amended to read as follows:

(a) A person commits an offense if the person refuses to vaccinate a female calf owned by that person in accordance with department [the] rules [of the commission].

SECTION 91. Section 163.083(a), Agriculture Code, is amended to read as follows:

(a) A person commits an offense if the person refuses to permit a representative of the department [commission] to enter property or premises of which the person is the owner, tenant, or caretaker for the purposes of carrying out a provision of this chapter.

SECTION 92. The heading to Section 163.084, Agriculture Code, is amended to read as follows:

Sec. 163.084. MOVEMENT OF CATTLE IN VIOLATION OF DEPARTMENT [COMMISSION] RULE.

SECTION 93. Section 163.084(a), Agriculture Code, is amended to read as follows:

(a) A person, including a railway or a common carrier, commits an offense if the person knowingly moves an animal in violation of a department rule [of the commission].

SECTION 94. Section 163.085(a), Agriculture Code, is amended to read as follows:

(a) A person commits an offense if the person knowingly refuses to handle in accordance with department [the] rules [of the commission] an animal that the department [commission] has classified as infected with brucellosis.

SECTION 95. Section 164.002(d), Agriculture Code, is amended to read as follows:

(d) If an inspector determines that a scabies infection exists among cattle, sheep, or goats or that cattle, sheep, or goats have been exposed to scabies, the infection or exposure is considered to continue until the department [commission] determines that the infection or exposure has been eradicated through methods prescribed by department rule [of the commission].

SECTION 96. Section 164.003(a), Agriculture Code, is amended to read as follows:

(a) For the purpose of eradicating scabies, the department [commission] may employ a chief inspector, district supervising inspectors, and local inspectors.

SECTION 97. Section 164.005(c), Agriculture Code, is amended to read as follows:

(c) The person who owns or controls the place to be entered under this section or who owns or controls the animals shall, on request of the inspector or [a member of] the department [commission], gather the animals on the range for inspection. Failure or refusal to gather the animals is prima facie evidence that the premises and the animals are infected with scabies and authorizes the department [commission] to quarantine the premises or animals in accordance with this chapter.

SECTION 98. The heading to Section 164.021, Agriculture Code, is amended to read as follows:

Sec. 164.021. TREATMENT REQUIRED ON ORDER OF DEPARTMENT [COMMISSION].

SECTION 99. Sections 164.021(a) and (b), Agriculture Code, are amended to read as follows:

(a) The department [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 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 department [commission] under this section must be signed by a department representative [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 the animals, under the supervision of an inspector and in the manner prescribed by the department [commission]; and

(7) a designation of the date, time, and place that the treatment is to occur.

SECTION 100. Section 164.022, Agriculture Code, is amended to read as follows:

Sec. 164.022. HEARING. (a) Not later than the fifth day following the day on which a person receives an order to treat cattle or sheep, the person may file with the department [commission or the presiding officer of the commission] a written affidavit that:

(1) denies that the animals are subject to being treated 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 postponed; and

(2) requests that the department [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.

(b) Not later than the fifth day following the day on which the department [commission] receives an affidavit under Subsection (a) [of this section], the department [commission] shall, if desired by the affiant, grant the affiant a hearing in the office of the commissioner [presiding officer]. The department [commission] shall give the affiant notice of the hearing by telegram or registered mail and shall hold the hearing not earlier than the fourth day following the day of giving that notice.

(c) The department [commission] shall consider the affidavit at the hearing and shall, in person or by agent, investigate the matter as the department [commission] considers necessary.

(d) If the department [commission] finds that the statement in the affidavit is correct, the department [commission] shall rescind the order or postpone the treatment until a time that the department [commission] considers proper. If the department [commission] finds that the statement in the affidavit is not correct, the department [commission] shall enforce the order on the date and at the time designated in the order.

(e) Following a hearing, the department [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.

(f) A person who is dissatisfied with the findings of the department [commission] under this section may apply to a court of proper venue and jurisdiction for an injunction or other relief.

SECTION 101. Section 164.023, Agriculture Code, is amended to read as follows:

Sec. 164.023. METHOD OF TREATMENT. The department [commission] by rule shall prescribe the methods of treatment available for the treatment of scabies under this chapter.

SECTION 102. Section 164.041, Agriculture Code, is amended to read as follows:

Sec. 164.041. ESTABLISHMENT. (a) The department [commission] may establish a quarantine against all or the portion of a state, territory, or country in which the department [commission] determines scabies exists. A quarantine established under this section is governed by Chapter 161, except that only a scabies inspector recognized by the department [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.

(b) If an inspector determines that a scabies infection or exposure exists in a county or area of this state, on any premises, including a road, pasture, lot, yard, stockyard, or enclosure, or among any cattle or sheep, the department [commission] may quarantine the area, premises, or animals.

SECTION 103. Section 164.042, Agriculture Code, is amended to read as follows:

Sec. 164.042. NOTICE. The department [commission] shall give notice of a quarantine established under Section 164.041(b) [of this code] in one of the following manners:

(1) by posting written notice of the quarantine at the courthouse door of the county in which the quarantine is established and at two other conspicuous places in the area or on the premises quarantined;

(2) by publishing notice in a newspaper in the county or, if there is no newspaper in the county, by publishing notice in a newspaper in an adjoining county; or

(3) by delivering written or printed notice to the owner or caretaker of the animals or premises to be quarantined, with the delivery made in person by a department [commission] inspector, employee, or member or with the delivery made by United States mail.

SECTION 104. Section 164.044, Agriculture Code, is amended to read as follows:

Sec. 164.044. MOVEMENT FROM QUARANTINED PREMISES; MOVEMENT OF QUARANTINED ANIMALS. (a) A person may not move or permit to be moved cattle or sheep that are under quarantine for scabies infection or exposure or that are on premises quarantined for scabies infection or exposure unless the cattle or sheep are certified by a department [commission] inspector.

(b) If the department [commission] finds animals that have been moved in violation of a quarantine established under this chapter, the department [commission] shall quarantine the animals until they have been properly tested or treated in accordance with department [the] rules [of the commission].

SECTION 105. Section 164.046(c), Agriculture Code, is amended to read as follows:

(c) Disinfection under this section must be performed under the supervision of a department [commission] inspector and before uninfected or unexposed sheep are permitted to enter the places to be disinfected.

SECTION 106. Section 164.064, Agriculture Code, is amended to read as follows:

Sec. 164.064. DESIGNATION OF INFECTED OR FREE AREAS; TREATMENT REQUIREMENTS. The department [commission] may adopt rules designating areas as infected or free from infection and shall establish treatment requirements for the importation of sheep into this state.

SECTION 107. Section 164.065, Agriculture Code, is amended to read as follows:

Sec. 164.065. EXHIBITIONS. The department [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 the sheep as required by the department [commission] before they are distributed to the range.

SECTION 108. 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 under Section 164.021; and

(2) fails or refuses to treat the sheep or cattle at the time and in the manner provided by the order of the department [commission].

SECTION 109. Section 165.021, Agriculture Code, is amended to read as follows:

Sec. 165.021. COOPERATION WITH U.S. DEPARTMENT OF AGRICULTURE. The department [commission] may cooperate with the United States Department of Agriculture in the eradication of vesicular exanthema, foot and mouth disease of swine, classical swine fever, and other diseases of swine.

SECTION 110. Section 165.022, Agriculture Code, as amended by Chapters 623 (S.B. 1997) and 849 (S.B. 705), Acts of the 87th Legislature, Regular Session, 2021, is reenacted and amended to read as follows:

Sec. 165.022. METHOD OF DISEASE ERADICATION. (a) Following notice and public hearing, the department [commission] shall adopt rules for the enforcement of this subchapter, including rules providing for the manner, method, and system of eradicating swine diseases.

(b) The department [commission] may [by a two-thirds vote] adopt rules under this section that are more stringent than the minimum standards for cooperative programs adopted by the Animal and Plant Health Inspection Service of the United States Department of Agriculture.

SECTION 111. Section 165.023, Agriculture Code, is amended to read as follows:

Sec. 165.023. USE OF BIOLOGICS. The department [commission] shall adopt rules governing the use of biologics as a protection against dissemination of communicable swine diseases.

SECTION 112. Sections 165.026(b), (c), (d), (e), and (g), Agriculture Code, are amended to read as follows:

(b) A person may feed unrestricted garbage to swine only if the person first registers with and secures a permit from the department [commission].

(c) The department [commission] may adopt rules for registration under this section, including rules providing for registration issuance, revocation, and renewal, disease tests, inspections, bookkeeping, and appropriate handling and treatment of unrestricted garbage. Registration with the department [commission] shall be made on forms prescribed by the department [commission,] and the department [commission] shall furnish those forms on request. The department [commission] may impose a registration fee not to exceed $25 a year.

(d) The department [commission] or the commissioner [executive director of the commission] may issue an emergency administrative order to suspend a registration under this section or require the immediate quarantine and closure of a garbage feeding facility if the department [commission] or the commissioner [executive director] determines that the practice presents a danger to public health or the livestock industry, including any danger related to an insect infestation or the transmission of a disease. An order must expire not later than the end of the second month after the effective date of the order.

(e) The department [commission] or the commissioner may issue an order prohibiting the feeding of restricted garbage to swine in all or part of the state if the department [commission] or the commissioner determines that the practice presents a danger to public health or the livestock industry, including any danger related to an insect infestation or the transmission of a disease.

(g) The department [commission], in cooperation with [the department and] any other appropriate state agencies and political subdivisions, shall:

(1) attempt to inform each supplier of restricted garbage and each individual feeding garbage to swine of the provisions of this section;

(2) assist garbage feeding facilities and individuals feeding garbage to swine in identifying a source for obtaining unrestricted garbage; and

(3) adopt measures designed to ensure compliance with this section.

SECTION 113. Section 165.027(a), Agriculture Code, is amended to read as follows:

(a) A representative of the department [commission, including a member of the commission,] is entitled to enter the premises of any person for the purpose of inspecting swine or the heating or cooking equipment required by this subchapter or for the purpose of performing another duty under this subchapter.

SECTION 114. Section 167.001(3), Agriculture Code, is amended to read as follows:

(3) "Inspector" means an inspector of the department [commission], including a local inspector, a county or district supervising inspector, and the chief inspector.

SECTION 115. Section 167.003, Agriculture Code, is amended to read as follows:

Sec. 167.003. GENERAL POWERS AND DUTIES OF DEPARTMENT [COMMISSION]. (a) In accordance with this chapter, the department [commission] shall eradicate all ticks capable of carrying Babesia in this state and shall protect all land, premises, and animals in this state from those ticks and exposure to those ticks.

(b) In carrying out this chapter, the department [commission] may:

(1) adopt necessary rules;

(2) employ necessary personnel, including a chief inspector, chief clerk, stenographers, and clerks, and assign the personnel to perform duties authorized by this chapter or incidental to its enforcement;

(3) assist and cooperate with county officials; and

(4) enter into cooperative agreements with other state agencies or agencies of the federal government.

(c) The department [commission] by rule may provide for the manner and method of treating saddle stock and stock used for gentle work and for the handling and certifying of that stock for movement, but unless the department [commission] so provides, the stock is subject to this chapter as other animals.

SECTION 116. Sections 167.004(b), (c), and (d), Agriculture Code, are amended to read as follows:

(b) The department [commission] by rule shall define what animals and premises are to be classified as exposed to ticks. The department [commission] shall classify as exposed to ticks animals that have been on land or in an enclosure that the department [commission] determines to be tick infested or exposed to ticks or to have been tick infested or exposed to ticks before or after the removal of the animals, unless the department [commission] determines that the infestation or exposure occurred after the animals were removed and that the animals did not become infested or exposed before removal.

(c) Animals, land, and premises classified as tick infested or exposed to ticks retain that classification until the classification is changed by the department [commission] in accordance with this chapter.

(d) Animals, land, and premises in the tick eradication area may not be considered to be free from exposure to ticks unless:

(1) the department [commission] has officially classified the animals or premises as free from exposure and filed a copy of the order making that classification in the office of the supervising inspector of the county in which the animals or premises are located; or

(2) the supervising inspector of the county in which the animals or premises are located, under the authority of the department [commission], has classified the animals or premises in writing as free from exposure and filed the written classification in the supervising inspector's office.

SECTION 117. Sections 167.005(b) and (c), Agriculture Code, are amended to read as follows:

(b) The free area and the inactive quarantine area are composed of counties and parts of counties designated by the department [commission] to be part of the applicable area.

(c) The department [commission] may transfer a county or part of a county from the tick eradication area, the free area, or the inactive quarantine area to another type of area as the department [commission] considers advisable or necessary.

SECTION 118. Sections 167.006(a) and (b), Agriculture Code, are amended to read as follows:

(a) The department [commission] may designate for tick eradication any county or part of a county that the department [commission] determines may contain ticks.

(b) The department [commission] shall give notice that a county or part of a county is designated for tick eradication by:

(1) publishing a brief notice of the designation in a newspaper published in that county or that part of the county, as applicable; or

(2) posting a brief notice of the designation at the courthouse door of the county.

SECTION 119. Section 167.007, Agriculture Code, is amended to read as follows:

Sec. 167.007. TICK ERADICATION IN FREE AREA. (a) The department [commission] may conduct tick eradication in the free area and may establish quarantines and require the treatment of animals in the free area as provided by this chapter. The department [commission] shall designate in writing the land or premises in the free area in which tick eradication is to be conducted.

(b) An owner or caretaker of animals in the free area and the commissioners court of a county all or part of which is located in the free area shall cooperate with the department [commission] in the manner provided by this chapter for tick eradication in the tick eradication area.

SECTION 120. Section 167.008, Agriculture Code, is amended to read as follows:

Sec. 167.008. INSPECTIONS. The department [commission] may order the owner, part owner, or caretaker of animals to gather the animals for inspection at a time and place prescribed in the order of the department [commission]. The department [commission] shall serve written notice of the order not later than the 12th day before the day of inspection. A person on whom an order is served is entitled to request and obtain a hearing in the manner provided by this chapter for hearings on orders to treat animals.

SECTION 121. Section 167.021, Agriculture Code, is amended to read as follows:

Sec. 167.021. GENERAL QUARANTINE POWER. (a) The department [commission] may establish quarantines on land, premises, and animals as necessary for tick eradication.

(b) The department [commission] in writing may release a quarantine established under this chapter if the department [commission] considers it necessary or advisable to do so.

SECTION 122. Section 167.023, Agriculture Code, is amended to read as follows:

Sec. 167.023. QUARANTINE OF FREE AREA. (a) The department [commission] by written order may establish a quarantine in the free area if necessary for the purpose of regulating the handling of animals and eradicating ticks or exposure to ticks in the free area or for the purpose of preventing the spread of tick infestation into the free area.

(b) The order of the department [commission] establishing a quarantine in the free area shall designate the land or premises to be quarantined.

(c) The department [commission] shall give notice of a quarantine established in the free area by:

(1) delivering notice to each owner or caretaker of animals in the area to be quarantined or to each owner or caretaker of land or premises in the area on which animals are located;

(2) posting written notice at the courthouse door of each county in which the area to be quarantined is located; or

(3) publishing notice in a newspaper published in each county in which the area to be quarantined is located.

SECTION 123. Sections 167.024(b) and (c), Agriculture Code, are amended to read as follows:

(b) Unless the person first obtains a permit or a certificate from an authorized inspector, the owner or caretaker of animals in a quarantined area may not move the animals, or permit the animals to be moved, from an enclosure owned, leased, or occupied by that person, from any open range, street, road, or thoroughfare, or from any land that the person does not own or control, into any other enclosure or other land owned, cared for, or controlled by that person, if:

(1) the animals are subject to treatment under this chapter and the land or enclosure to which the animals are moved:

(A) is classified in the records of the county supervising inspector as being free from ticks; or

(B) has been released from quarantine by the department [commission]; or

(2) the animals are subject to treatment but are not being treated under this chapter in the conduct of regular systematic tick eradication by the department [commission] and the land or enclosure to which the animals are moved is owned or controlled by that person and:

(A) tick eradication work is being conducted there; or

(B) the land or enclosure is vacated under the direction of the department [commission] for the purpose of tick eradication.

(c) The owner or caretaker of animals located in a quarantined area may move animals, or permit animals to be moved, to and from treatment facilities for the purpose of treating the animals on a regular treatment date at the treatment facility to which the animals are to be moved or on another date designated by the inspector in charge of the treatment facility. The movement of animals under this subsection must be in accordance with department [the] rules [of the commission]. Any other movement is considered to be in violation of the quarantine.

SECTION 124. Section 167.025, Agriculture Code, is amended to read as follows:

Sec. 167.025. MOVEMENT IN OR FROM INACTIVE QUARANTINED AREA. A person may not move animals or permit animals to be moved from or within the inactive quarantined area except in accordance with department [the] rules [of the commission].

SECTION 125. Sections 167.026(b) and (c), Agriculture Code, are amended to read as follows:

(b) A person may not move goats, hogs, sheep, exotic livestock, or circus animals into this state from an area of another state, territory, or country that is under state or federal quarantine for tick infestation unless the animals:

(1) have been treated free from infestation or exposure; and

(2) are certified as having been so treated by an inspector of the department [commission] or of the Animal and Plant Health Inspection Service, United States Department of Agriculture.

(c) A person may not move hay, straw, grass, packing straw, pine straw, corn shucks, weeds, plants, litter, manure, dirt, posts, sand, gravel, caliche, or animal by-products into this state for any purpose from an area of another state, territory, or country that is under state or federal quarantine for tick infestation unless the articles:

(1) have been treated in accordance with the requirements of the department [commission] or the Animal and Plant Health Inspection Service, United States Department of Agriculture; and

(2) are certified as having been so treated by an inspector of the department [commission] or the Animal and Plant Health Inspection Service, United States Department of Agriculture.

SECTION 126. Sections 167.029(a) and (c), Agriculture Code, are amended to read as follows:

(a) The department [commission] by rule shall provide the conditions for and the manner and method of handling and moving animals:

(1) into, in, and from the tick eradication area;

(2) into, in, and from quarantined land or premises in the free area;

(3) into the released part of the free area; and

(4) into, in, and from the inactive quarantined area.

(c) The department [commission] may adopt rules relating to testing, immunizing, treating, certifying, or marking or branding animals moving into this state from another state or country.

SECTION 127. Section 167.030(b), Agriculture Code, is amended to read as follows:

(b) The department [commission] shall adopt rules relating to the cleaning and disinfecting of conveyances.

SECTION 128. Section 167.031, Agriculture Code, is amended to read as follows:

Sec. 167.031. USE OF SAND AS BEDDING IN CONVEYANCE. The department [commission] may establish quarantines and restrict the use of sand as bedding in an animal conveyance except for sand from known tick-free sand pits.

SECTION 129. Section 167.032, Agriculture Code, is amended to read as follows:

Sec. 167.032. MOVEMENT OF COMMODITIES. The department [commission] may establish quarantines and restrict the movement from quarantined areas of hay, hides, carcasses, or other commodities that are capable of carrying ticks.

SECTION 130. Section 167.033, Agriculture Code, is amended to read as follows:

Sec. 167.033. HANDLING AND REMOVAL OF REFUSE OR DEAD OR INJURED ANIMALS. The department [commission] may establish quarantines and regulate the removal and handling of refuse matter from quarantined stockyards, quarantined stock pens, and other quarantined places and may establish quarantines and regulate the handling or removal of animals that die or are injured in transit.

SECTION 131. Sections 167.051(b) and (c), Agriculture Code, are amended to read as follows:

(b) Animals located in the free area are subject to treatment if:

(1) the animals are infested with ticks;

(2) the animals were exposed to ticks within the nine months preceding an order to treat;

(3) the animals are on premises described in an order to treat during the time the order is in effect and the person to whom the order is issued is the owner, part owner, or caretaker of the animals; or

(4) the department [commission] determines that treatment is necessary to ensure that the animals are entirely free from infestation.

(c) The department [commission] may require the treatment of animals that are located in the free area and are tick infested or have been exposed to ticks regardless of whether the animals or the area in which the animals are located is under quarantine.

SECTION 132. Sections 167.052(a), (d), (f), and (g), Agriculture Code, are amended to read as follows:

(a) The department [commission] may order the owner, part owner, or caretaker of animals to treat the animals in accordance with the directions of the department [commission]. The order must be dated, in writing, and signed or stamped with the signature of the department [commission] or the commissioner [presiding officer of the commission].

(d) An order may require the treatment of the animals on as many dates as the department [commission] considers necessary for eradicating the infestation or exposure of the animals or the premises on which the animals are located.

(f) A person to whom an order to treat is directed shall comply with the order and treat the animals in accordance with the directions of the department [commission]. If the order is not delivered within the time provided by Subsection (e), the person receiving the order shall begin treatment on the first treatment date that is more than 12 days after the date of receipt of the order and shall continue treatment on subsequent dates as specified in the order.

(g) If the animals or the premises are not freed from ticks or exposure to ticks before an order to treat expires, the department [commission] may issue additional orders regardless of whether the animals were exposed to ticks in the nine months preceding the date of the subsequent order.

SECTION 133. Sections 167.053(b) and (c), Agriculture Code, are amended to read as follows:

(b) Following a hearing, the department [commission] shall transmit its written decision to the supervising inspector, who shall transmit it to the protesting person by delivering it in person or by mailing it by registered mail to the address shown in the hearing application. If the department [commission] overrules the protest, the person to whom the order was directed shall comply with the order.

(c) If the department's [commission's] decision is delivered in person, a person whose protest is overruled shall begin treatment of the animals on the first treatment date in the order that is more than two days after the day on which the decision is received. If the decision is delivered by mail, the person shall begin treatment on the first treatment date in the order that is more than four days after the day on which the decision was deposited in the mail.

SECTION 134. Section 167.056, Agriculture Code, is amended to read as follows:

Sec. 167.056. MANNER OF TREATMENT. If the department [commission] requires animals to be treated, the animals shall be treated in the manner prescribed by the department [commission].

SECTION 135. Section 167.057(a), Agriculture Code, is amended to read as follows:

(a) The department [commission] shall prescribe by rule the official materials in which animals are to be treated under this chapter. A person may not treat animals for purposes of this chapter in a material other than an official material prescribed by the department [commission].

SECTION 136. Sections 167.059(a) and (c), Agriculture Code, are amended to read as follows:

(a) The commissioners court of each county, including a county in the free area, in all or part of which the department [commission] conducts tick eradication shall cooperate with the department [commission] and shall furnish facilities necessary to the treatment of animals in that county. The commissioners court shall furnish dipping vats, pens, chutes, and other necessary facilities in the number, at the locations, and of the type specified by the department [commission]. In addition, the county, at its expense, shall maintain the facilities and repair or remodel them as necessary, shall provide the water for filling the vats, and shall clean and refill the vats as necessary.

(c) For the purpose of acquiring necessary land for the construction or maintenance of treatment facilities, for the purpose of acquiring treatment facilities that have already been constructed, or for the purpose of acquiring land necessary for ingress and egress to and from those facilities, a commissioners court has the power of eminent domain. The commissioners court shall exercise the power of eminent domain in the manner provided by law for acquiring land for the building and maintenance of public buildings, except that the court shall institute and prosecute condemnation proceedings on written request from the commissioner [presiding officer of the commission]. The request from the commissioner [commission] shall designate:

(1) the land to be condemned and its location;

(2) the name of the owner of the land to be condemned; and

(3) the easement to be acquired for ingress and egress.

SECTION 137. Section 167.060, Agriculture Code, is amended to read as follows:

Sec. 167.060. TREATMENT REQUIRED FOR MOVEMENT FROM QUARANTINED AREA. (a) An inspector may not issue a certificate or permit for the movement of animals from a quarantined enclosure unless the owner or caretaker of the animals:

(1) is cooperating with the department [commission] in the regular systematic treatment of the animals listed in Subsection (b); and

(2) has treated those animals on the last two treatment dates that were prescribed for the area in which the animals are located and that preceded the date of movement.

(b) In order to be issued the permit or certificate, the owner or caretaker must cooperate with the department [commission] in the regular systematic treatment of animals of which the person is the owner or caretaker and which:

(1) are located in the enclosure from which the animals are to be moved;

(2) are located in quarantined enclosures that connect with the enclosure from which the animals are to be moved, including an enclosure that:

(A) connects with an enclosure that connects with the enclosure from which the animals are to be moved; or

(B) is on the opposite side of a lane or road from the enclosure from which the animals are to be moved; or

(3) are located on the quarantined open range that connects with any of the enclosures under Subdivision (1) or (2).

(c) If ticks are found on any of the animals submitted for movement, before the certificate or permit is issued, each head of the animals must be treated as prescribed by department [commission] rules.

(d) The department [commission] may waive the enforcement of this section for good cause. A waiver of the department [commission] must be in writing.

SECTION 138. Section 167.081, Agriculture Code, is amended to read as follows:

Sec. 167.081. DESIGNATION OF FACILITY TO HANDLE CERTIFIED LIVESTOCK. (a) The department [commission] may designate a stockyard that is in the tick eradication area or in the free area and is open to the public for yarding, marketing, and selling livestock as a facility to handle intrastate movements of livestock certified by an inspector to be free from ticks or exposure to ticks. A stockyard so designated shall provide tick-free facilities for the handling of that livestock in accordance with this subchapter.

(b) A designation under this section is effective for 24 months following the day on which notice is served, and the department [commission] may redesignate a facility for the purpose of this section.

SECTION 139. Section 167.082, Agriculture Code, is amended to read as follows:

Sec. 167.082. NOTICE AND HEARING. (a) The department [commission] shall give written notice of a designation under this subchapter to the stockyard company or to the owner, operator, or other person in control of the stockyard.

(b) A person to whom a notice is directed may request a hearing for the purpose of protesting the designation in the manner provided by Section 167.053 for requesting a hearing on an order to treat. The department [commission] shall grant the hearing and give notice of its decision in the manner provided by that section.

(c) A person whose protest is overruled shall complete the work required to provide tick-free facilities not later than the 60th day following the day on which the person receives notice of the department's [commission's] decision.

SECTION 140. Section 167.101, Agriculture Code, is amended to read as follows:

Sec. 167.101. INSPECTORS. (a) The commissioners court of a county in which the department [commission] conducts tick eradication may nominate the number of local inspectors found by the department [commission] to be necessary for tick eradication in that county. The department [commission] shall appoint those persons nominated unless, following appointment of local inspectors, the department [commission] finds that the county is trying to retard tick eradication or is nominating persons who are incompetent or negligent in the performance of duty. In that case, the department [commission] may ignore the nominations of the county.

(b) If a commissioners court fails or refuses to nominate persons as local inspectors, the department [commission] shall appoint local inspectors without nomination.

(c) Local inspectors work under the direction and orders of the department [commission] and are subject to discharge by the department [commission]. The department [commission] shall fix and the state shall pay the salaries of local inspectors, but a county may pay the salary and traveling expenses of a local inspector.

(d) The department [commission] may employ county and district supervising inspectors without nomination by the commissioners courts.

(e) Only an inspector appointed for the purpose may conduct tick eradication or issue permits and certificates certifying animals to be free from ticks or exposure to ticks. An inspector shall issue those permits and certificates in accordance with department [the] rules [of the commission].

SECTION 141. Section 167.103(b), Agriculture Code, is amended to read as follows:

(b) The peace officer shall deputize a sufficient number of assistants, to be designated by the supervising inspector of the county, shall enter the property on which the animals are located, and shall gather and treat the animals under the supervision of an inspector and in accordance with the directions of the department [commission].

SECTION 142. Section 167.104(a), Agriculture Code, is amended to read as follows:

(a) An inspector may request a peace officer to seize animals if:

(1) the inspector determines the animals to be running at large or on the open range of a county or part of a county in which the department [commission] is conducting tick eradication under this chapter; and

(2) the inspector is unable to locate the owner or caretaker of the animals.

SECTION 143. Sections 167.106(a) and (c), Agriculture Code, are amended to read as follows:

(a) The department [commission] or a resident of this state may sue for an injunction to compel compliance with a provision of this chapter or to restrain a threatened violation of a provision of this chapter.

(c) The department [commission] or a resident of a county or part of a county in which tick eradication is being conducted may sue for permanent or temporary relief to compel a person who is an owner, part owner, or caretaker of animals to treat the animals in accordance with this chapter if the person has failed or refused to treat the animals or has threatened to fail or refuse to treat the animals. If the court finds that the defendant has been served with an order of the department [commission] to treat the animals, that the animals are subject to treatment, and that the material allegations of the plaintiff's petition are true, the court shall enter an order commanding the defendant to treat the animals in accordance with the directions of the department [commission] at the time and place designated in the order of the department [commission] or in the order of the court. If the defendant fails to comply with the order of the court, the court may hold the defendant in contempt and punish the defendant accordingly and shall order a peace officer to deputize assistants and treat the animals in accordance with the order of the court. The expense of treating the animals and employing the peace officer and assistants shall be taxed against the defendant as a cost of suit.

SECTION 144. The heading to Section 167.109, Agriculture Code, is amended to read as follows:

Sec. 167.109. ADMISSIBILITY OF DEPARTMENT [COMMISSION] INSTRUMENTS; IDENTIFICATION IN COMPLAINT.

SECTION 145. Sections 167.109(a) and (c), Agriculture Code, are amended to read as follows:

(a) A copy of a written instrument issued by the department [commission] is admissible as evidence in any court of this state if the copy is certified by the commissioner [presiding officer of the commission].

(c) In the trial of a civil or criminal case under this chapter, in which a certified copy of a department [commission] written instrument or a proclamation is to be introduced in evidence, the instrument or proclamation is not required to be filed with the papers of the cause and the party introducing it is not required to give notice of it to the other party.

SECTION 146. Section 167.110(c), Agriculture Code, is amended to read as follows:

(c) If it is necessary in a court proceeding to prove the test of a treatment chemical, it is only necessary to prove that:

(1) the treatment chemical used was one of the official treatment chemicals prescribed by the department [commission]; and

(2) the inspector tested the treatment chemical in accordance with department [the] rules [of the commission].

SECTION 147. Section 167.131(a), Agriculture Code, is amended to read as follows:

(a) A person commits an offense if, as the owner, part owner, or caretaker of animals, the person fails to gather the animals for inspection at the time and place ordered by the department [commission] under Section 167.008.

SECTION 148. Sections 167.132(a) and (b), Agriculture Code, are amended to read as follows:

(a) A person commits an offense if the person moves, or as owner, part owner, or caretaker permits the movement of, animals from any land, premises, or enclosure that is under quarantine for tick infestation or exposure in violation of the quarantine without a permit issued by an inspector of the department [commission] or of the Animal and Plant Health Inspection Service, United States Department of Agriculture.

(b) A railroad or other transportation company commits an offense if it permits an animal to enter stock pens in the tick eradication area under the company's control without a written certificate or permit from an inspector of the department [commission] or of the Animal and Plant Health Inspection Service, United States Department of Agriculture.

SECTION 149. Section 167.137(a), Agriculture Code, is amended to read as follows:

(a) A person required by Section 167.030 [of this code] to clean and disinfect a conveyance commits an offense if the person fails or refuses to clean and disinfect the conveyance in accordance with department [the] rules [of the commission].

SECTION 150. Section 167.138(a), Agriculture Code, is amended to read as follows:

(a) A person commits an offense if the person uses sand as bedding in an animal conveyance in violation of a quarantine established or a department [commission] rule adopted under Section 167.031.

SECTION 151. Section 167.139(a), Agriculture Code, is amended to read as follows:

(a) A person commits an offense if the person moves a commodity capable of carrying ticks from a quarantined area in violation of a quarantine established or a department [commission] rule adopted under Section 167.032 [of this code].

SECTION 152. Section 167.140(a), Agriculture Code, is amended to read as follows:

(a) A person commits an offense if the person violates a quarantine established or a department [commission] rule adopted under Section 167.033 [of this code].

SECTION 153. Section 167.143(a), Agriculture Code, is amended to read as follows:

(a) A stockyard company or an owner, operator, or person in charge of a stockyard commits an offense if the person fails or refuses to provide and complete facilities required by the department [commission] under Subchapter D [of this chapter] within 60 days after the day on which notice of designation is served under that subchapter.

SECTION 154. Sections 168.004(a) and (b), Agriculture Code, are amended to read as follows:

(a) If the laboratory determines that any part of a flock is infected, it shall certify that information to the department [commission,] and the department [commission] shall verify the infection and immediately quarantine part or all of the flock. The department [commission] may authorize the laboratory to quarantine an infected flock on behalf of the department [commission]. The department [commission] shall give notice of the quarantine in the same manner as provided by law for the quarantine of other livestock and fowl. The department [commission] shall also order a cessation in the sale, movement, or exhibition of quarantined poultry or eggs and may seek an injunction to enforce an order concerning infected flocks.

(b) A quarantined flock shall be disposed of in a manner prescribed by the department [commission]. If disposal involves movement to a state or federally inspected poultry processing establishment, the department [commission] shall issue a certificate to accompany the flock. When the flock is disposed of and other measures necessary to the control and eradication of pullorum disease and fowl typhoid are taken, the department [commission] shall remove the quarantine.

SECTION 155. Section 168.006, Agriculture Code, is amended to read as follows:

Sec. 168.006. ASSISTANCE BY FLOCK OWNER. The owner of a flock shall assist the laboratory and the department [commission] in handling the poultry and shall pen and present the flock on request.

SECTION 156. Section 168.007, Agriculture Code, is amended to read as follows:

Sec. 168.007. NO FEE CHARGED. Neither the laboratory nor the department [commission] may charge a fee for testing or laboratory examination provided for under this chapter.

SECTION 157. Section 168.008(a), Agriculture Code, is amended to read as follows:

(a) A person commits an offense if the person refuses to:

(1) comply with an order of the department [commission] or laboratory concerning an infected flock; or

(2) admit a person with a search warrant obtained as provided in Section 168.003 [of this code].

SECTION 158. Section 56.102, Education Code, is amended to read as follows:

Sec. 56.102. ADMINISTRATION OF PROGRAM. The Department of Agriculture [Texas Animal Health Commission] shall administer the program in accordance with the rules adopted by the committee.

SECTION 159. Sections 56.103(a), (b), and (e), Education Code, are amended to read as follows:

(a) The rural veterinarian incentive program committee consists of:

(1) the commissioner [executive director] of agriculture [the Texas Animal Health Commission], or the commissioner's [executive director's] designee;

(2) the executive director of the State Board of Veterinary Medical Examiners, or the executive director's designee;

(3) the dean of each accredited college of veterinary medicine located in this state, or the dean's designee;

(4) a veterinarian with a mixed animal practice, representing each university system located in Texas with an accredited college of veterinary medicine, appointed by the board of regents of each university system;

(5) a veterinarian with a large animal practice, representing each university system located in Texas with an accredited college of veterinary medicine, appointed by the board of regents of each university system; and

(6) a practitioner of veterinary medicine, representing [who serves as a commissioner of] the Department of Agriculture [Texas Animal Health Commission], appointed by the Department of Agriculture [chair of the Texas Animal Health Commission].

(b) The commissioner [executive director] of agriculture or the commissioner's designee under Subsection (a)(1) [the Texas Animal Health Commission] serves as the presiding officer of the committee.

(e) In adopting rules under this section related to the selection, submission, or certification of areas identified as having a veterinary shortage for the purpose of this subchapter, the committee shall consider any applicable regulations adopted under 7 U.S.C. Section 3151a and previous work of the Department of Agriculture or the former Texas Animal Health Commission.

SECTION 160. Sections 61.9965(a) and (c), Education Code, are amended to read as follows:

(a) The Texas Higher Education Coordinating Board shall administer the rural veterinarian incentive program account in accordance with Subchapter G, Chapter 56, to provide assistance in the repayment of student loans for eligible veterinarians who apply and qualify for the assistance under the rules of the [Texas Animal Health Commission] rural veterinarian incentive program committee established under Section 56.103.

(c) Money and resources in the account shall be made available and payable as soon as practicable at the request of the Department of Agriculture [Texas Animal Health Commission] and may be used only for the following purposes:

(1) to provide financial support as a lump sum to an eligible participant under Subchapter G, Chapter 56, the lender or other holder of the participant's affected loan, or the participant's university system;

(2) a reasonable amount, not to exceed seven percent of the account value, to cover the costs of administration of the program; or

(3) a reasonable amount, not to exceed three percent of the account value, as specifically required for the coordinating board for administration of the account.

SECTION 161. Section 418.190, Government Code, is amended to read as follows:

Sec. 418.190. AGRICULTURE EMERGENCY RESPONSE PLAN. (a) In coordination with the division, the Department of Agriculture [and the Texas Animal Health Commission] shall prepare and keep current an agriculture emergency response plan as an annex to the state emergency management plan. The plan must include provisions for:

(1) identifying and assessing necessary training, resource, and support requirements;

(2) providing information on recovery, relief, and assistance requirements following all types of disasters, including information on biological and radiological response; and

(3) all other information the Department of Agriculture determines [and the Texas Animal Health Commission determine] to be relevant to prepare for an all-hazards approach to agricultural disaster management.

(b) The Department of Agriculture [and the Texas Animal Health Commission] shall include the plan developed under Subsection (a) in an annual report to the legislature and the office of the governor.

SECTION 162. Section 421.021(a), Government Code, is amended to read as follows:

(a) The Homeland Security Council is composed of the governor or the governor's designee, the speaker of the house of representatives or the speaker's designee, the lieutenant governor or the lieutenant governor's designee, and one representative of each of the following entities, appointed by the single statewide elected or appointed governing officer, administrative head, or chair, as appropriate, of the entity:

(1) Department of Agriculture;

(2) office of the attorney general;

(3) General Land Office;

(4) Public Utility Commission of Texas;

(5) Department of State Health Services;

(6) Department of Information Resources;

(7) Department of Public Safety of the State of Texas;

(8) Texas Division of Emergency Management;

(9) Texas Military Department;

(10) Texas Commission on Environmental Quality;

(11) Railroad Commission of Texas;

(12) Texas Military Preparedness Commission;

(13) Texas Department of Transportation;

(14) Commission on State Emergency Communications;

(15) Office of State-Federal Relations;

(16) secretary of state;

(17) the committee of the senate having jurisdiction over veterans affairs;

(18) the committee of the senate having jurisdiction over homeland security;

(19) the committee of the house of representatives having jurisdiction over veterans affairs;

(20) the committee of the house of representatives having jurisdiction over homeland security;

(21) [Texas Animal Health Commission;

[(22)] Texas Commission on Law Enforcement;

(22) [(23)] state fire marshal's office;

(23) [(24)] Texas Education Agency;

(24) [(25)] Texas Commission on Fire Protection;

(25) [(26)] Parks and Wildlife Department;

(26) [(27)] Texas A&M Forest Service; and

(27) [(28)] Texas Water Development Board.

SECTION 163. Section 81.008, Health and Safety Code, is amended to read as follows:

Sec. 81.008. COMMUNICABLE DISEASE IN ANIMALS; EXCHANGE OF INFORMATION. The Department of Agriculture [Texas Animal Health Commission] and the Texas A&M University Veterinary Medical Diagnostic Laboratory shall each adopt by rule a memorandum of understanding, adopted also by rule by the executive commissioner, governing the exchange of information on communicable diseases in animals between the Department of State Health Services [department] and those entities.

SECTION 164. Section 435.006(d), Health and Safety Code, is amended to read as follows:

(d) The department may not issue a permit to a person for a producer dairy located in an area infected with or at a high risk for bovine tuberculosis, as determined epidemiologically and defined by rule of the Department of Agriculture [Texas Animal Health Commission].

SECTION 165. Sections 801.256(a) and (f), Occupations Code, are amended to read as follows:

(a) The board may issue a special license to practice veterinary medicine to an applicant who is:

(1) a member of the faculty or staff of a board-approved veterinary program at an institution of higher education;

(2) a veterinarian employee of the Department of Agriculture [Texas Animal Health Commission];

(3) a veterinarian employee of the Texas A&M Veterinary Medical Diagnostic Laboratory; or

(4) a person licensed to practice veterinary medicine in another jurisdiction, if the board determines that the person's specialty practice is unrepresented or underrepresented in this state.

(f) The following people may provide a statement under Subsection (b)(1)(B):

(1) the dean of a board-approved veterinary medicine program at an institution of higher education in this state;

(2) the commissioner [executive director] of agriculture [the Texas Animal Health Commission]; or

(3) the executive director of the Texas A&M Veterinary Medical Diagnostic Laboratory.

SECTION 166. Section 801.361(d), Occupations Code, is amended to read as follows:

(d) The Texas Commission on Environmental Quality may not adopt a rule that relates to the disposal of animal remains under this section unless the rule is developed in cooperation with and is approved by the Department of Agriculture [Texas Animal Health Commission].

SECTION 167. Section 801.403, Occupations Code, is amended to read as follows:

Sec. 801.403. FAILURE TO REPORT DISEASE. The board may suspend or revoke a license to practice veterinary medicine, place a veterinarian on probation, or reprimand a veterinarian if the veterinarian knowingly fails to report a disease to the Department of Agriculture [Texas Animal Health Commission] as required by Section 161.101, Agriculture Code.

SECTION 168. Section 12.014, Parks and Wildlife Code, is amended to read as follows:

Sec. 12.014. NOTICE OF WILDLIFE DISEASE OUTBREAK. (a) Notwithstanding any law restricting the disclosure of information by the department and subject to Subsection (b), if the department becomes aware of a wildlife disease outbreak on a property, the department shall provide notice of the location and nature of the outbreak to:

(1) each owner of adjacent property; and

(2) the Department of Agriculture [Texas Animal Health Commission].

(b) Subsection (a) applies only to a disease that the Department of Agriculture [Texas Animal Health Commission] has designated as reportable.

SECTION 169. Section 12.0251(b), Parks and Wildlife Code, is amended to read as follows:

(b) The commission or the department may disclose information described by this section only to:

(1) the landowner;

(2) another person if the landowner consents to full or specified partial disclosure of information and the consent is in writing and is attached to the plan or recommendation report; or

(3) the Department of Agriculture [Texas Animal Health Commission] as needed to carry out a governmental purpose.

SECTION 170. Section 12.103(d-1), Parks and Wildlife Code, is amended to read as follows:

(d-1) The department may disclose information collected under this section to the Department of Agriculture [Texas Animal Health Commission] as needed to carry out a governmental purpose.

SECTION 171. Sections 43.369(b), (c), (d), and (e), Parks and Wildlife Code, are amended to read as follows:

(b) The department in conjunction with the Department of Agriculture [Texas Animal Health Commission, not later than June 1, 2010,] shall [develop and] maintain a process for a database to be shared by both agencies. The database must include the reporting data required to be provided by each deer breeder:

(1) to the Parks and Wildlife Department [department] under this subchapter; and

(2) to the Department of Agriculture [Texas Animal Health Commission].

(c) To the extent possible, the Parks and Wildlife Department [department] and the Department of Agriculture [Texas Animal Health Commission] shall share the database to eliminate the need for a deer breeder to submit duplicate reports to the two agencies.

(d) The Parks and Wildlife Commission and the Department of Agriculture [Texas Animal Health Commission], by rule, shall provide incentives to deer breeders whose cooperation results in reduced costs and increased efficiency by offering:

(1) reduced fees for the deer breeder permit; and

(2) a permit with an extended duration.

(e) The Parks and Wildlife Commission and the Department of Agriculture [Texas Animal Health Commission] may adopt rules to implement this section.

SECTION 172. Section 43.953(a), Parks and Wildlife Code, is amended to read as follows:

(a) Before any deer may be destroyed under this subchapter:

(1) an agent of the Department of Agriculture [animal health commission] may conduct an epidemiological assessment:

(A) if the assessment can be conducted in a timely manner; and

(B) contingent on the availability of funding; and

(2) the Parks and Wildlife Department [department] must consider the results of an assessment, if conducted, under Subdivision (1).

SECTION 173. Sections 43.955(a) and (c), Parks and Wildlife Code, are amended to read as follows:

(a) The applicable permit holder shall pay all costs associated with:

(1) an epidemiological assessment conducted under this subchapter to the Department of Agriculture [animal health commission]; and

(2) except as provided by Subsection (b), the destruction of deer under this subchapter to the Parks and Wildlife Department [department].

(c) The department may not waive costs under Subsection (b) if the department determines that the permit holder or an agent of the permit holder, in violation of this chapter or a regulation of the Department of Agriculture [commission], caused:

(1) the introduction of chronic wasting disease into the facility; or

(2) a delay in the detection of chronic wasting disease at the facility.

SECTION 174. Sections 66.007(i) and (l), Parks and Wildlife Code, are amended to read as follows:

(i) The department may coordinate with the Department of Agriculture [Texas Animal Health Commission] regarding testing for diseases.

(l) On receiving notice from an owner of the observance of manifestations of disease, the department shall immediately:

(1) notify the Department of Agriculture and [,] the Texas Commission on Environmental Quality[, and the Texas Animal Health Commission]; and

(2) advise the Department of Agriculture and [,] the Texas Commission on Environmental Quality[, and the Texas Animal Health Commission] regarding the appropriate action to be taken.

SECTION 175. 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 by the Department of Agriculture [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 176. Sections 23.426(a), (b), and (d), Tax Code, are amended to read as follows:

(a) The entitlement of an individual to have land the individual owns designated for agricultural use under this subchapter does not end because the individual ceases exclusively or continuously using the land for agriculture as an occupation or a business venture for profit for the period prescribed by Subsection (b) if the land:

(1) is subject to a temporary quarantine established at any time during the tax year by the Department of Agriculture [Texas Animal Health Commission] for the purpose of regulating the handling of livestock and eradicating ticks or exposure to ticks under Chapter 167, Agriculture Code; and

(2) otherwise continues to qualify for the designation under Section 23.42.

(b) Subsection (a) applies to land eligible for appraisal under this subchapter only during the period that begins on the date the land is designated as a tick eradication area and that ends on the date the land is released from quarantine by the Department of Agriculture [Texas Animal Health Commission].

(d) The owner of land to which this section applies must, not later than the 30th day after the date the land is released from quarantine by the Department of Agriculture [Texas Animal Health Commission], notify in writing the chief appraiser for each appraisal district in which the land is located that the land has been released from quarantine by the Department of Agriculture [Texas Animal Health Commission].

SECTION 177. Sections 23.48(a), (e), and (f), Tax Code, are amended to read as follows:

(a) An owner of land designated for agricultural use on which the Department of Agriculture [Texas Animal Health Commission] has established a temporary quarantine of at least 90 days in length in the current tax year for the purpose of regulating the handling of livestock and eradicating ticks or exposure to ticks at any time during a tax year is entitled to a reappraisal of the owner's land for that year on written request delivered to the chief appraiser.

(e) In appraising the land for any subsequent tax year in which the Department of Agriculture [Texas Animal Health Commission] quarantine remains in place, the chief appraiser shall continue to take into account the effect on the value of the land caused by the infestation of ticks.

(f) If the owner of the land is informed by the Department of Agriculture [Texas Animal Health Commission] that the quarantine is no longer in place, not later than the 30th day after the date on which the owner received that information the owner of the land shall so notify the chief appraiser in writing. If the owner fails to notify the chief appraiser as required by this subsection, a penalty is imposed on the property equal to 10 percent of the difference between the taxes imposed on the property in each year it is erroneously allowed appraisal under this section and the taxes that would otherwise have been imposed.

SECTION 178. Sections 23.526(a), (b), and (d), Tax Code, are amended to read as follows:

(a) The eligibility of land for appraisal under this subchapter does not end because the land ceases to be devoted principally to agricultural use to the degree of intensity generally accepted in the area for the period prescribed by Subsection (b) if the land:

(1) is subject to a temporary quarantine established at any time during the tax year by the Department of Agriculture [Texas Animal Health Commission] for the purpose of regulating the handling of livestock and eradicating ticks or exposure to ticks under Chapter 167, Agriculture Code;

(2) is appraised under this subchapter primarily on the basis of the livestock located in the area subject to quarantine in the tax year; and

(3) otherwise continues to qualify for appraisal under this subchapter.

(b) Subsection (a) applies to land eligible for appraisal under this subchapter only during the period that begins on the date the land is designated as a tick eradication area and that ends on the date the land is released from quarantine by the Department of Agriculture [Texas Animal Health Commission].

(d) The owner of land to which this section applies must, not later than the 30th day after the date the land is released from quarantine by the Department of Agriculture [Texas Animal Health Commission], notify in writing the chief appraiser for each appraisal district in which the land is located that the land has been released from quarantine by the Department of Agriculture [Texas Animal Health Commission].

SECTION 179. Sections 23.60(a), (e), and (f), Tax Code, are amended to read as follows:

(a) An owner of qualified open-space land, other than land used for wildlife management, on which the Department of Agriculture [Texas Animal Health Commission] has established a temporary quarantine of at least 90 days in length in the current tax year for the purpose of regulating the handling of livestock and eradicating ticks or exposure to ticks at any time during a tax year is entitled to a reappraisal of the owner's land for that year on written request delivered to the chief appraiser.

(e) In appraising the land for any subsequent tax year in which the Department of Agriculture [Texas Animal Health Commission] quarantine remains in place, the chief appraiser shall continue to take into account the effect on the value of the land caused by the infestation of ticks.

(f) If the owner of the land is informed by the Department of Agriculture [Texas Animal Health Commission] that the quarantine is no longer in place, not later than the 30th day after the date on which the owner received that information the owner of the land shall so notify the chief appraiser. If the owner fails to notify the chief appraiser as required by this subsection, a penalty is imposed on the property equal to 10 percent of the difference between the taxes imposed on the property in each year it is erroneously allowed appraisal under this section and the taxes that would otherwise have been imposed.

SECTION 180. (a) The following provisions of the Agriculture Code are repealed:

(1) Section 146.022(b);

(2) Section 161.001(a)(2);

(3) Section 161.008;

(4) Subchapter B, Chapter 161;

(5) Sections 161.046 and 161.053;

(6) Sections 161.061(d) and 161.0615(b);

(7) Section 164.001(1);

(8) Sections 164.006 and 165.001; and

(9) Sections 167.001(1-a) and 168.001(1).

(b) Section 43.952(1), Parks and Wildlife Code, is repealed.

SECTION 181. Section 165.002, Agriculture Code, as repealed by Chapter 849 (S.B. 705), Acts of the 87th Legislature, Regular Session, 2021, and amended by Chapter 623 (S.B. 1997), Acts of the 87th Legislature, Regular Session, 2021, is repealed.

SECTION 182. (a) The Texas Animal Health Commission is abolished and its powers and duties are transferred to the Department of Agriculture. A reference in law to:

(1) the Texas Animal Health Commission means the Department of Agriculture; and

(2) the executive director of the Texas Animal Health Commission means the commissioner of agriculture.

(b) The Department of Agriculture assumes the position of the Texas Animal Health Commission in relation to any liability, obligation, agreement, or contract of the commission.

(c) The records, other property, and unobligated and unexpended appropriations of the Texas Animal Health Commission become the records, property, and appropriations of the Department of Agriculture. The employees of the commission continue as employees of the Department of Agriculture.

(d) A rule or form adopted by the Texas Animal Health Commission that is in effect immediately before the effective date of this Act becomes a rule or form of the commissioner of agriculture and remains in effect until amended or repealed by the commissioner. A permit, registration, certification, license, or other authorization issued by the Texas Animal Health Commission that is in effect immediately before the effective date of this Act, or a designation made by the Texas Animal Health Commission that is in effect immediately before that date, remains in effect until:

(1) the permit, registration, certification, license, or other authorization expires or is revoked in accordance with law; or

(2) the designation is amended or revoked by the Department of Agriculture in accordance with law.

(e) The validity of any action taken by the Texas Animal Health Commission, including by the executive director of the commission, before the effective date of this Act is not affected by this Act. To the extent an action continues to have effect on or after the effective date of this Act, the action is considered to be the action of the Department of Agriculture or the commissioner of agriculture, as applicable.

SECTION 183. This Act takes effect September 1, 2025.