Bill Text: TX HB1830 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to the continuation and functions of the Texas Animal Health Commission.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-03-11 - Referred to Agriculture & Livestock [HB1830 Detail]
Download: Texas-2021-HB1830-Introduced.html
87R3112 MP-D | ||
By: Cyrier | H.B. No. 1830 |
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relating to the continuation and functions of the Texas Animal | ||
Health Commission. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 161.004(a), Agriculture Code, is amended | ||
to read as follows: | ||
(a) A person who is the owner or caretaker of livestock, | ||
exotic livestock, domestic fowl, or exotic fowl that die from a | ||
disease listed by the commission in rules adopted under [ |
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Section 161.041, or who owns or controls the land on which the | ||
livestock, exotic livestock, domestic fowl, or exotic fowl die or | ||
on which the carcasses are found, shall dispose of the carcasses in | ||
the manner required by the commission under this section. | ||
SECTION 2. Section 161.023, Agriculture Code, is amended by | ||
amending Subsections (a) and (b) and adding Subsection (d) to read | ||
as follows: | ||
(a) A person who is appointed to and qualifies for office as | ||
a member of the commission may not vote, deliberate, or be counted | ||
as a member in attendance at a meeting of the commission until the | ||
person completes a training program that complies with this section | ||
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(b) The [ |
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regarding: | ||
(1) the law governing [ |
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(2) the programs, functions, rules, and budget of | ||
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(3) the scope of and limitations on the rulemaking | ||
authority [ |
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(4) [ |
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commission; | ||
(5) [ |
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(A) laws relating to open meetings, public | ||
information, administrative procedure, and disclosing conflicts of | ||
interest [ |
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(B) other laws applicable to members of a state | ||
policy-making body in performing their duties [ |
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(6) [ |
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the commission or the Texas Ethics Commission. | ||
(d) The executive director of the commission shall create a | ||
training manual that includes the information required by | ||
Subsection (b). The executive director shall distribute a copy of | ||
the training manual annually to each member of the commission. Each | ||
member of the commission shall sign and submit to the executive | ||
director a statement acknowledging that the member received and has | ||
reviewed the training manual. | ||
SECTION 3. Section 161.027, Agriculture Code, is amended to | ||
read as follows: | ||
Sec. 161.027. SUNSET PROVISION. The Texas Animal Health | ||
Commission is subject to Chapter 325, Government Code (Texas Sunset | ||
Act). Unless continued in existence as provided by that chapter, | ||
the commission is abolished September 1, 2033 [ |
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SECTION 4. Section 161.029(a), Agriculture Code, is amended | ||
to read as follows: | ||
(a) It is a ground for removal from the commission if a | ||
member: | ||
(1) does not have at the time of taking office | ||
[ |
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(2) does not maintain during service on the commission | ||
the qualifications required by Section 161.021; | ||
(3) is ineligible for membership under Section | ||
161.021(d) or 161.028; | ||
(4) cannot, because of illness or disability, | ||
discharge the member's duties for a substantial part of the member's | ||
term [ |
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(5) is absent from more than half of the regularly | ||
scheduled commission meetings that the member is eligible to attend | ||
during a calendar year without an excuse approved [ |
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SECTION 5. Section 161.033(c), Agriculture Code, is amended | ||
to read as follows: | ||
(c) The commission shall periodically notify the complaint | ||
parties [ |
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final disposition unless the notice would jeopardize an | ||
investigation. | ||
SECTION 6. Sections 161.035(a) and (b), Agriculture Code, | ||
are amended to read as follows: | ||
(a) The commission by rule may establish advisory | ||
committees [ |
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the commission on programs, [ |
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rules, and policies administered by the commission [ |
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(b) In establishing [ |
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including rules regarding: | ||
(1) the purpose, role, responsibility, goals, and | ||
duration of the committee; | ||
(2) the size of and quorum requirement for the | ||
committee; | ||
(3) qualifications for committee membership; | ||
(4) appointment procedures for members; | ||
(5) terms of service for members; | ||
(6) training requirements for members; | ||
(7) policies to avoid conflicts of interest by | ||
members; | ||
(8) a periodic review process to evaluate the | ||
continuing need for the committee; and | ||
(9) policies to ensure the committee does not violate | ||
any provision of Chapter 551, Government Code, applicable to the | ||
commission or the committee [ |
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SECTION 7. Subchapter B, Chapter 161, Agriculture Code, is | ||
amended by adding Section 161.0375 to read as follows: | ||
Sec. 161.0375. PERIODIC REVIEW OF COMPLIANCE INFORMATION. | ||
(a) The commission shall analyze, on a statewide and regional | ||
basis, violations of this subtitle. The commission shall consider: | ||
(1) violation types and disposition; | ||
(2) persons who are repeat offenders; and | ||
(3) persons who commit the most serious offenses. | ||
(b) The commission shall use the analysis under Subsection | ||
(a) to compare enforcement practices across each region and | ||
determine: | ||
(1) training needs; | ||
(2) gaps in enforcement authority; and | ||
(3) effective enforcement activities. | ||
(c) The commission shall conduct the analysis under | ||
Subsection (a) on a periodic basis to ensure that the information | ||
reflects current enforcement practices. | ||
(d) The commission shall timely enter and share compliance | ||
and enforcement information on a statewide and regional basis. | ||
SECTION 8. Sections 161.041(a), (c), and (d), Agriculture | ||
Code, are amended to read as follows: | ||
(a) The commission shall protect all livestock, exotic | ||
livestock, domestic fowl, and exotic fowl from diseases the | ||
commission determines require control or eradication. The | ||
commission shall adopt and periodically update rules listing the | ||
diseases that require control or eradication by the commission [ |
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(c) A person commits an offense if the person knowingly | ||
fails to handle, in accordance with rules adopted by the | ||
commission, livestock, exotic livestock, domestic fowl, or exotic | ||
fowl: | ||
(1) infected with a disease listed by the commission | ||
by rule under [ |
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(2) exposed, as defined by commission rule, to a | ||
disease listed by the commission by rule under [ |
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if the commission has notified the person that the animal was | ||
exposed to the disease; or | ||
(3) subject to a testing requirement due to a risk of | ||
exposure, as defined by commission rule, to a specific disease if | ||
the commission has notified the person of the testing requirement. | ||
(d) A person commits an offense if the person knowingly | ||
fails to identify or refuses to permit an agent of the commission to | ||
identify, in accordance with rules adopted by the commission, | ||
livestock, exotic livestock, domestic fowl, or exotic fowl infected | ||
with a disease listed by the commission by rule under [ |
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Subsection (a). | ||
SECTION 9. Subchapter C, Chapter 161, Agriculture Code, is | ||
amended by adding Section 161.0603 to read as follows: | ||
Sec. 161.0603. LABORATORY TESTING. (a) The Texas A&M | ||
Veterinary Medical Diagnostic Laboratory is the state's regulatory | ||
animal health laboratory. | ||
(b) This section does not prevent the commission from: | ||
(1) using a laboratory other than the Texas A&M | ||
Veterinary Medical Diagnostic Laboratory for a test as needed; or | ||
(2) collecting specimens and performing field tests to | ||
diagnose animal diseases. | ||
(c) The commission and the Texas A&M Veterinary Medical | ||
Diagnostic Laboratory shall enter into a memorandum of | ||
understanding to: | ||
(1) establish the laboratory services to be performed | ||
by the Texas A&M Veterinary Medical Diagnostic Laboratory; | ||
(2) provide reporting requirements for the Texas A&M | ||
Veterinary Medical Diagnostic Laboratory on all test requests | ||
received from the commission; and | ||
(3) set fees associated with laboratory services | ||
performed for the commission in amounts sufficient to recover the | ||
costs of those services. | ||
(d) The commission and the Texas A&M Veterinary Medical | ||
Diagnostic Laboratory shall annually review the memorandum of | ||
understanding under Subsection (c). | ||
SECTION 10. Section 161.061, Agriculture Code, is amended | ||
to read as follows: | ||
Sec. 161.061. ESTABLISHMENT. (a) The [ |
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may [ |
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or the portion of a [ |
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[ |
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(b) A [ |
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established under Subsection (a) [ |
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to any affected area, including a county, district, pasture, lot, | ||
ranch, farm, field, range, thoroughfare, building, stable, or | ||
stockyard pen. | ||
(c) The commission may establish a quarantine to prohibit or | ||
regulate the movement of: | ||
(1) any article or animal that the commission | ||
designates to be a carrier of a disease listed in rules adopted | ||
under [ |
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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 11. Section 161.065(c), Agriculture Code, is | ||
amended to read as follows: | ||
(c) If the commission finds animals that have been moved in | ||
violation of a quarantine established under this chapter or in | ||
violation of any other livestock sanitary law, the commission shall | ||
quarantine the animals until they have been properly treated, | ||
vaccinated, tested, [ |
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rules of the commission. | ||
SECTION 12. Section 161.101(a), Agriculture Code, is | ||
amended to read as follows: | ||
(a) A veterinarian, a veterinary diagnostic laboratory, or | ||
a person having care, custody, or control of an animal shall report | ||
to the commission the existence of [ |
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in rules adopted by the commission among livestock, exotic | ||
livestock, bison, domestic fowl, or exotic fowl [ |
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within 24 hours after diagnosis of the disease. The commission | ||
shall adopt and periodically update rules listing the diseases that | ||
the commission determines require reporting under this section[ |
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SECTION 13. Section 161.112(a), Agriculture Code, is | ||
amended to read as follows: | ||
(a) Following notice and public hearing, the commission | ||
shall adopt rules relating to the movement of livestock, exotic | ||
livestock, and exotic fowl from livestock markets and shall require | ||
tests, immunization, or treatment [ |
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as necessary to protect against the spread of communicable | ||
diseases. | ||
SECTION 14. Section 161.113, Agriculture Code, is amended | ||
to read as follows: | ||
Sec. 161.113. TESTING, [ |
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LIVESTOCK. (a) The [ |
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[ |
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subchapter[ |
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charged for the testing, treatment, or vaccination. | ||
(b) If the commission requires the dipping of livestock | ||
under this subchapter, the livestock shall be [ |
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rule of the commission. | ||
(c) The commission may require the owner or operator of a | ||
livestock market to furnish adequate equipment or facilities | ||
[ |
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essential equipment or [ |
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immediate vicinity of the livestock market. | ||
SECTION 15. 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[ |
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vaccination[ |
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not attempt to prove that the action was taken by a person other | ||
than an authorized representative of the commission. | ||
SECTION 16. Section 162.004(c), Agriculture Code, is | ||
amended to read as follows: | ||
(c) A certificate under this section must be: | ||
(1) in a form prescribed by the commission; and | ||
(2) [ |
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prescribed by the commission by rule [ |
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SECTION 17. Section 164.002(c), Agriculture Code, is | ||
amended to read as follows: | ||
(c) Cattle or sheep are not exposed to scabies under | ||
Subsection (b) of this section if the place or plant has been | ||
disinfected since the infected cattle or sheep were removed. This | ||
subsection does not exempt the cattle or sheep from treatment | ||
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SECTION 18. Section 164.004, Agriculture Code, is amended | ||
to read as follows: | ||
Sec. 164.004. DUTIES OF INSPECTORS. (a) All treatments | ||
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eradication and the disinfection of all equipment or facilities | ||
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required by this chapter shall be performed by or under the | ||
supervision of an inspector. | ||
(b) Local inspectors shall perform all duties necessary for | ||
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livestock under this chapter. | ||
SECTION 19. Section 164.005(a), Agriculture Code, is | ||
amended to read as follows: | ||
(a) An inspector is entitled to enter any public or private | ||
place where cattle or sheep are kept or ranged for the purpose of: | ||
(1) ascertaining the presence of scabies infection; | ||
(2) ascertaining any exposure to scabies; or | ||
(3) inspecting, classifying, or treating [ |
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cattle or sheep for scabies infection or exposure. | ||
SECTION 20. The heading to Subchapter B, Chapter 164, | ||
Agriculture Code, is amended to read as follows: | ||
SUBCHAPTER B. TREATMENT [ |
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SECTION 21. Section 164.021, Agriculture Code, is amended | ||
to read as follows: | ||
Sec. 164.021. TREATMENT [ |
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COMMISSION. (a) The commission by written order may direct a | ||
person who owns, controls, or cares for cattle or sheep that are | ||
scabies-infected or are exposed to scabies, to treat [ |
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all of those animals for the purpose of destroying, eradicating, | ||
curing, or removing a scabies infection or a source of exposure to | ||
scabies. | ||
(b) An order of the commission under this section must be | ||
signed by the commission or the presiding officer of the commission | ||
and must contain the following: | ||
(1) the date of issuance; | ||
(2) the name of the person to whom the order is made; | ||
(3) the approximate location of the premises on which | ||
the animals are located; | ||
(4) the county in which the premises are located; | ||
(5) a statement in clear and intelligible language | ||
that the sheep or cattle that the person owns, controls, or cares | ||
for are infected with or exposed to scabies; | ||
(6) an order directing the person to treat [ |
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animals, under the supervision of an inspector and in the manner | ||
prescribed by the commission[ |
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(7) a designation of the date, time, and place that the | ||
treatment [ |
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(c) An order under this section must be delivered to the | ||
person owning or controlling the cattle or sheep not later than the | ||
14th day before the date and time for the treatment [ |
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designated in the order. | ||
SECTION 22. Sections 164.022(a), (d), and (e), Agriculture | ||
Code, are amended to read as follows: | ||
(a) Not later than the fifth day following the day on which a | ||
person receives an order to treat [ |
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may file with the commission or the presiding officer of the | ||
commission a written affidavit that: | ||
(1) denies that the animals are subject to being | ||
treated [ |
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sufficient reason set out in the affidavit, the person is entitled | ||
to have the order rescinded or the treatment [ |
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and | ||
(2) requests that the commission withhold enforcement | ||
of the order and grant a hearing on the matter or investigate the | ||
matter as necessary to determine the correctness of the statement | ||
contained in the affidavit. | ||
(d) If the commission finds that the statement in the | ||
affidavit is correct, the commission shall rescind the order or | ||
postpone the treatment [ |
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considers proper. If the commission finds that the statement in the | ||
affidavit is not correct, the commission shall enforce the order on | ||
the date and at the time designated in the order. | ||
(e) Following a hearing, the commission shall deliver its | ||
written findings to the affiant not later than the fourth day before | ||
the date and time that the order requires the animals to be treated | ||
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SECTION 23. Section 164.023, Agriculture Code, is amended | ||
to read as follows: | ||
Sec. 164.023. METHOD OF TREATMENT [ |
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commission by rule shall prescribe the methods of treatment | ||
available for the treatment of scabies [ |
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SECTION 24. Section 164.028, Agriculture Code, is amended | ||
to read as follows: | ||
Sec. 164.028. TREATMENT [ |
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a person ordered to treat [ |
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fails or refuses to treat [ |
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commissioners court shall: | ||
(1) provide the necessary equipment and [ |
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(2) [ |
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[ |
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(3) [ |
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SECTION 25. Section 164.041(a), Agriculture Code, is | ||
amended to read as follows: | ||
(a) The [ |
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or the portion of a [ |
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commission determines scabies [ |
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quarantine established under this section is governed by Chapter | ||
161 [ |
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by the commission for that purpose in the quarantine notice may | ||
issue certificates or permits for the movement of cattle subject to | ||
the quarantine. A person who violates the quarantine is subject to | ||
the penalties provided by Chapter 161 [ |
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SECTION 26. Section 164.044(b), Agriculture Code, is | ||
amended to read as follows: | ||
(b) If the commission finds animals that have been moved in | ||
violation of a quarantine established under this chapter, the | ||
commission shall quarantine the animals until they have been | ||
properly tested or treated [ |
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the commission. | ||
SECTION 27. Section 164.062(a), Agriculture Code, is | ||
amended to read as follows: | ||
(a) A person may not import sheep into this state unless the | ||
shipment is accompanied by a certificate certifying that: | ||
(1) the sheep are free from scabies infection and | ||
exposure; or | ||
(2) the sheep have been treated by a method [ |
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Service, United States Department of Agriculture, for eradication | ||
of sheep scabies and in a manner designed to have eradicated | ||
infection or exposure within 10 days prior to the date of | ||
importation. | ||
SECTION 28. Section 164.063, Agriculture Code, is amended | ||
to read as follows: | ||
Sec. 164.063. QUARANTINE OF IMPORTED SHEEP. If the | ||
certificate for a shipment of sheep shows that the sheep were | ||
treated [ |
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164.062(a)(2) [ |
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range on which the sheep are placed in this state for a period of 180 | ||
days. | ||
SECTION 29. Section 164.064, Agriculture Code, is amended | ||
to read as follows: | ||
Sec. 164.064. DESIGNATION OF INFECTED OR FREE AREAS; | ||
TREATMENT [ |
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designating areas as infected or free from infection and shall | ||
establish treatment [ |
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sheep into this state. | ||
SECTION 30. Section 164.065, Agriculture Code, is amended | ||
to read as follows: | ||
Sec. 164.065. EXHIBITIONS. The commission shall provide an | ||
importer of show sheep a reasonable length of time, not to exceed 60 | ||
days after the date of importation, in which to display the sheep at | ||
county fairs or livestock exhibitions. The importer shall keep the | ||
sheep separate from all sheep other than show sheep and shall treat | ||
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they are distributed to the range. | ||
SECTION 31. The heading to Section 164.083, Agriculture | ||
Code, is amended to read as follows: | ||
Sec. 164.083. FAILURE TO TREAT [ |
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SECTION 32. 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 [ |
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(2) fails or refuses to treat [ |
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at the time and in the manner provided by the order of the | ||
commission. | ||
SECTION 33. Section 164.085(a), Agriculture Code, is | ||
amended to read as follows: | ||
(a) A person commits an offense if the person: | ||
(1) refuses to permit an inspector to enter any | ||
premises of which the person is the owner, tenant, or caretaker for | ||
the purpose of inspecting, classifying, or treating [ |
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animals infected or exposed to scabies; or | ||
(2) refuses to gather animals in accordance with | ||
Section 164.005(c) [ |
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SECTION 34. Section 165.022, Agriculture Code, is amended | ||
to read as follows: | ||
Sec. 165.022. METHOD OF DISEASE ERADICATION. Following | ||
notice and public hearing, the commission shall adopt rules for the | ||
enforcement of this subchapter, including rules providing for the | ||
manner, method, and system of eradicating swine diseases. The | ||
commission may by a two-thirds vote adopt rules more stringent than | ||
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cooperative programs adopted by the Animal and Plant Health | ||
Inspection Service of the United States Department of Agriculture. | ||
SECTION 35. 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 [ |
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Commission under Section 161.041(a), Agriculture Code. In this | ||
subsection, "livestock" has the meaning assigned by Section | ||
161.001, Agriculture Code. | ||
SECTION 36. Sections 161.035(c), 164.024, 164.025, | ||
164.026, 164.027, 165.002, and 167.058, Agriculture Code, are | ||
repealed. | ||
SECTION 37. The changes in law made by this Act to Sections | ||
161.041(c) and (d), 164.083(a), and 164.085(a), Agriculture Code, | ||
and Section 28.03(i), Penal Code, apply only to an offense or | ||
violation committed on or after the effective date of this Act. An | ||
offense or violation committed before the effective date of this | ||
Act is governed by the law in effect on the date the offense or | ||
violation was committed, and the former law is continued in effect | ||
for that purpose. For purposes of this section, an offense or | ||
violation was committed before the effective date of this Act if any | ||
element of the offense or violation occurred before that date. | ||
SECTION 38. (a) Except as provided by Subsection (b) of | ||
this section, Section 161.023, Agriculture Code, as amended by this | ||
Act, applies to a member of the Texas Animal Health Commission who | ||
is appointed before, on, or after the effective date of this Act. | ||
(b) A member of the Texas Animal Health Commission who, | ||
before the effective date of this Act, completed the training | ||
program required by Section 161.023, Agriculture Code, as that law | ||
existed before the effective date of this Act, is only required to | ||
complete additional training on the subjects added by this Act to | ||
the training program required by Section 161.023, Agriculture Code. | ||
A commission member described by this subsection may not vote, | ||
deliberate, or be counted as a member in attendance at a meeting of | ||
the commission held on or after December 1, 2021, until the member | ||
completes the additional training. | ||
SECTION 39. Not later than March 1, 2022, the Texas Animal | ||
Health Commission shall: | ||
(1) adopt rules necessary to implement Sections | ||
161.041, 161.101, 161.113, and 164.023, Agriculture Code, as | ||
amended by this Act; and | ||
(2) complete the initial analysis of violations | ||
required by Section 161.0375, Agriculture Code, as added by this | ||
Act. | ||
SECTION 40. Not later than January 1, 2022, the Texas Animal | ||
Health Commission and the Texas A&M Veterinary Medical Diagnostic | ||
Laboratory shall adopt the memorandum of understanding required by | ||
Section 161.0603, Agriculture Code, as added by this Act. | ||
SECTION 41. This Act takes effect September 1, 2021. |