| 1 | 1 | | 81R7006 BEF-F |
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| 2 | 2 | | By: Kleinschmidt H.B. No. 3322 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to participation in an animal identification system. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 161.056, Agriculture Code, is amended by |
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| 10 | 10 | | adding Subsections (a-1), (j), (k), (l), and (m) and amending |
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| 11 | 11 | | Subsections (c) and (d) to read as follows: |
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| 12 | 12 | | (a-1) A person may apply for the program by submitting an |
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| 13 | 13 | | annual fee determined by the commission and a signed application |
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| 14 | 14 | | prescribed by the commission. An application form prescribed by |
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| 15 | 15 | | the commission must include a conspicuous notice that the program |
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| 16 | 16 | | is voluntary unless the United States Department of Agriculture |
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| 17 | 17 | | imposes a mandatory national animal identification system. |
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| 18 | 18 | | (c) The commission may permit [require] the use of official |
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| 19 | 19 | | identification numbers assigned as part of the animal |
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| 20 | 20 | | identification program for animal disease control, animal |
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| 21 | 21 | | emergency management, and other commission programs. |
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| 22 | 22 | | (d) The commission may [establish a date by which all |
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| 23 | 23 | | premises must be registered and may] assess a registration fee on |
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| 24 | 24 | | all entities that register for a premises identification number. |
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| 25 | 25 | | (j) The commission may not make the use of an animal |
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| 26 | 26 | | identification program under this section mandatory unless a final |
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| 27 | 27 | | federal rule adopted in accordance with 5 U.S.C. Section 553 makes |
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| 28 | 28 | | the use of a national animal identification system by persons in |
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| 29 | 29 | | this state mandatory. If the use of a national animal |
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| 30 | 30 | | identification system becomes mandatory as provided by this |
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| 31 | 31 | | subsection, the commission may adopt rules and implement a timeline |
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| 32 | 32 | | to make the program under this section mandatory, but the rules may |
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| 33 | 33 | | not be more stringent than the federal rule mandating the use of a |
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| 34 | 34 | | national animal identification system. |
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| 35 | 35 | | (k) The commission may not require the use of national |
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| 36 | 36 | | animal identification system-compliant premises registration or |
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| 37 | 37 | | animal identification numbers or devices as part of a government |
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| 38 | 38 | | program except as provided by Subsection (j). |
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| 39 | 39 | | (l) Unless the commission has developed rules and a timeline |
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| 40 | 40 | | for implementing a mandatory program under Subsection (j), a person |
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| 41 | 41 | | who participates in the program may withdraw from the program at any |
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| 42 | 42 | | time. The commission shall delete from the program all personal |
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| 43 | 43 | | information relating to a participant when the participant |
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| 44 | 44 | | withdraws from the program. |
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| 45 | 45 | | (m) A person may not condition a service, benefit, license, |
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| 46 | 46 | | payment, or permit on participation in a program under this section |
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| 47 | 47 | | unless the commission has adopted rules and a timeline for |
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| 48 | 48 | | implementing a mandatory program under Subsection (j). |
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| 49 | 49 | | SECTION 2. Sections 161.056(g) and (h), Agriculture Code, |
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| 50 | 50 | | are repealed. |
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| 51 | 51 | | SECTION 3. The Texas Animal Health Commission shall, not |
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| 52 | 52 | | later than November 1, 2009, provide notice of the changes to |
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| 53 | 53 | | Section 161.056, Agriculture Code, made by this Act to each person |
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| 54 | 54 | | registered on the effective date of this Act under that section and |
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| 55 | 55 | | provide the person with the opportunity to withdraw from the |
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| 56 | 56 | | program. |
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| 57 | 57 | | SECTION 4. This Act takes effect immediately if it receives |
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| 58 | 58 | | a vote of two-thirds of all the members elected to each house, as |
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| 59 | 59 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 60 | 60 | | Act does not receive the vote necessary for immediate effect, this |
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| 61 | 61 | | Act takes effect September 1, 2009. |
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