81R7006 BEF-F
By: Kleinschmidt H.B. No. 3322
A BILL TO BE ENTITLED
AN ACT
relating to participation in an animal identification system.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 161.056, Agriculture Code, is amended by
adding Subsections (a-1), (j), (k), (l), and (m) and amending
Subsections (c) and (d) to read as follows:
(a-1) A person may apply for the program by submitting an
annual fee determined by the commission and a signed application
prescribed by the commission. An application form prescribed by
the commission must include a conspicuous notice that the program
is voluntary unless the United States Department of Agriculture
imposes a mandatory national animal identification system.
(c) The commission may permit [require] the use of official
identification numbers assigned as part of the animal
identification program for animal disease control, animal
emergency management, and other commission programs.
(d) The commission may [establish a date by which all
premises must be registered and may] assess a registration fee on
all entities that register for a premises identification number.
(j) The commission may not make the use of an animal
identification program under this section mandatory unless a final
federal rule adopted in accordance with 5 U.S.C. Section 553 makes
the use of a national animal identification system by persons in
this state mandatory. If the use of a national animal
identification system becomes mandatory as provided by this
subsection, the commission may adopt rules and implement a timeline
to make the program under this section mandatory, but the rules may
not be more stringent than the federal rule mandating the use of a
national animal identification system.
(k) The commission may not require the use of national
animal identification system-compliant premises registration or
animal identification numbers or devices as part of a government
program except as provided by Subsection (j).
(l) Unless the commission has developed rules and a timeline
for implementing a mandatory program under Subsection (j), a person
who participates in the program may withdraw from the program at any
time. The commission shall delete from the program all personal
information relating to a participant when the participant
withdraws from the program.
(m) A person may not condition a service, benefit, license,
payment, or permit on participation in a program under this section
unless the commission has adopted rules and a timeline for
implementing a mandatory program under Subsection (j).
SECTION 2. Sections 161.056(g) and (h), Agriculture Code,
are repealed.
SECTION 3. The Texas Animal Health Commission shall, not
later than November 1, 2009, provide notice of the changes to
Section 161.056, Agriculture Code, made by this Act to each person
registered on the effective date of this Act under that section and
provide the person with the opportunity to withdraw from the
program.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.