81R15186 T
By: Aycock H.B. No. 3330
A BILL TO BE ENTITLED
AN ACT
relating to elk participating in a disease surveillance program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle C, Title 6, Agriculture Code,
Subchapter C, Chapter 161, is amended by adding Section 161.0541
Section 161.0541 (a) Elk, being moved in commerce, in Texas, shall
participate in a disease testing surveillance program administered
by the Commission.
(b) Any person who possess and transports elk within the
state shall test elk for CWD or other diseases as determined in
accordance with standards established by the Commission.
(c) The commission shall adopt rules to administer this
section, including rules relating to the testing, identification,
transportation, and inspection for participants in the disease
testing program.
(d) A person commits an offense if the person knowingly
fails to handle elk, in accordance with rules adopted by the
Commission.
(e) An offense under Subsection (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.
SECTION 2. 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.