By: Miller of Erath H.B. No. 3637
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of equine dental technicians; providing
penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 12, Agriculture Code, is amended by
adding Section 12.045 to read as follows:
Sec. 12.045. REGISTRATION OF EQUINE DENTAL TECHNICIAN. (a)
In this section:
(1) "Equine dental technician" means a person who
performs tooth floating.
(2) "Tooth floating" means the performance of a dental
procedure on bovine, equine, porcine, or other livestock, without
the administration of a sedative, tranquilizer, or general
anesthetic that is available only by prescription, to:
(A) remove enamel points;
(B) smooth, contour, or level incisors or dental
arcades; or
(C) extract deciduous or vestigial teeth.
(b) The department by rule shall establish:
(1) a registration program for equine dental
technicians;
(2) qualifications for registration as an equine
dental technician;
(3) reasonable fees for an applicant for registration;
and
(4) standards of practice for an equine dental
technician, including standards to ensure the health, safety, and
welfare of animals under the care of an equine dental technician.
(c) A person may not perform or offer to perform tooth
floating unless the person is:
(1) registered under this section; or
(2) a veterinarian licensed under Chapter 801,
Occupations Code.
(d) A person who violates this section or a rule adopted by
the department under this section is liable for a civil penalty not
to exceed $1,000 for each occurrence. At the request of the
commissioner, the attorney general shall bring an action to recover
a civil penalty authorized by this section.
(e) If it appears to the department that a person is
engaging in tooth floating without complying with this section, the
commissioner, after notice and opportunity for a hearing, may issue
a cease and desist order prohibiting the person from engaging in the
activity.
SECTION 2. Not later than December 1, 2011, the Department
of Agriculture shall adopt rules to implement Section 12.045,
Agriculture Code, as added by this Act.
SECTION 3. This Act takes effect September 1, 2011.