82R110 RWG-D By: Miller of Erath H.B. No. 334 A BILL TO BE ENTITLED AN ACT relating to the establishment of the Texas Livestock Care Standards Advisory Committee. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subtitle B, Title 6, Agriculture Code, is amended by adding Chapter 153 to read as follows: CHAPTER 153. LIVESTOCK CARE STANDARDS Sec. 153.001. PURPOSE. The purpose of the Texas Livestock Care Standards Advisory Committee is to develop standards governing the care and well-being of livestock and poultry. Sec. 153.002. DEFINITION. In this chapter, "committee" means the Texas Livestock Care Standards Advisory Committee. Sec. 153.003. ADMINISTRATIVE SUPPORT. To the extent resources are available, the department shall: (1) provide administrative support, including staff, to the committee; and (2) publish and distribute information related to livestock and poultry care, including educational materials, to livestock and poultry producers and members of the public. Sec. 153.004. COMPOSITION. (a) The Texas Livestock Care Standards Advisory Committee is composed of the following 16 members: (1) the commissioner, who serves as chair of the committee; and (2) 15 members appointed by the governor, composed of the following: (A) three family farmers; (B) two veterinarians; (C) a food safety expert; (D) a representative of a local humane society; (E) two members representing statewide farm organizations; (F) the dean of a Texas agriculture college; (G) two members representing Texas consumers; and (H) three members from the agriculture industry. (b) The 15 appointed members serve two-year terms. (c) The governor shall fill any vacancy in an appointed position for the remainder of the unexpired term. (d) Appointments to the committee must be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointees. Sec. 153.005. REMOVAL OF COMMITTEE MEMBERS. (a) A member of the committee may be removed from the committee if the member: (1) is not able to devote the time necessary to perform the member's duties as a member; (2) cannot because of illness or disability discharge the member's duties or cannot discharge those duties for a substantial part of the term for which the member is appointed; or (3) is absent from more than half of the regularly scheduled committee meetings that the member is eligible to attend during a calendar year, unless the absence is excused by a majority vote of the committee. (b) An action of the committee is not invalid because a ground for removal of a committee member exists at the time the action is taken. (c) If the commissioner has knowledge that a potential ground for removal of a committee member exists, the commissioner shall notify the governor and attorney general of the potential ground for removal. Sec. 153.006. DUTIES OF COMMITTEE. (a) The committee shall research and develop standards governing livestock and poultry care, food safety, local food availability, food affordability, and best farm management practices for animal well-being. In developing those standards, the committee shall consider the following factors: (1) the prevention of disease; (2) farm biosecurity; (3) food safety; (4) food production; (5) generally accepted veterinary practices, livestock and poultry practice standards, and ethical standards established by the American Veterinary Medical Association; and (6) any other factors that the committee considers necessary for the proper care and well-being of livestock and poultry in this state. (b) The committee shall meet regularly as necessary at the call of the commissioner to advise the department of its findings. (c) To the extent resources are available, the department shall adopt and enforce the standards. Sec. 153.007. REIMBURSEMENT OF EXPENSES. A committee member may not receive compensation for service on the committee. Subject to availability of funds, a committee member may receive reimbursement for the actual and necessary expenses incurred while conducting committee business. Sec. 153.008. APPLICABILITY OF OTHER LAW. Chapter 2110, Government Code, does not apply to the committee. SECTION 2. (a) As soon as practicable after the effective date of this Act, the governor shall appoint the members of the Texas Livestock Care Standards Advisory Committee established by Section 153.004, Agriculture Code, as added by this Act. (b) Not later than the 30th day after the date the final member is appointed to the Texas Livestock Care Standards Advisory Committee, the commissioner of agriculture shall call the first meeting of the committee. SECTION 3. This Act does not make an appropriation. A provision in this Act that creates a new governmental program, creates a new entitlement, or imposes a new duty on a governmental entity is not mandatory during a fiscal period for which the legislature has not made a specific appropriation to implement the provision. SECTION 4. This Act takes effect September 1, 2011.