82R5427 EES-F
By: Zaffirini S.B. No. 811
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of the practice of veterinary medicine.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 801.004, Occupations Code, is amended to
read as follows:
Sec. 801.004. APPLICATION OF CHAPTER. This chapter does
not apply to:
(1) the treatment or care of an animal in any manner by
the owner of the animal, an employee of the owner, or a designated
caretaker of the animal, unless the ownership, employment, or
designation is established with the intent to violate this chapter;
(2) a person who performs an act prescribed by the
board as an accepted livestock management practice, including:
(A) castrating a male animal raised for human
consumption;
(B) docking or earmarking an animal raised for
human consumption;
(C) dehorning cattle;
(D) aiding in the nonsurgical birth process of a
large animal, as defined by board rule;
(E) treating an animal for disease prevention
with a nonprescription medicine or vaccine;
(F) branding or identifying an animal in any
manner;
(G) artificially inseminating an animal,
including training, inseminating, and compensating for services
related to artificial insemination; and
(H) shoeing a horse;
(3) the performance of a cosmetic or production
technique to reduce injury in poultry intended for human
consumption;
(4) the performance of a duty by a veterinarian's
employee if:
(A) the duty involves food production animals;
(B) the duty does not involve diagnosis,
prescription, or surgery;
(C) the employee is under the direction and
general supervision of the veterinarian; and
(D) the veterinarian is responsible for the
employee's performance;
(5) the performance of an act by a person who is a
full-time student of an accredited college of veterinary medicine
[or is a foreign graduate of a board-approved equivalent competency
program for foreign veterinary graduates and who is participating
in a board-approved extern or preceptor program] if the act is
performed under the direct supervision of a veterinarian [employing
the person];
(6) an animal shelter employee who performs euthanasia
in the course and scope of the person's employment if the person has
successfully completed training in accordance with Chapter 829,
Health and Safety Code;
(7) a person who is engaged in a recognized
state-federal cooperative disease eradication or control program
or an external parasite control program while the person is
performing official duties required by the program;
(8) a person who, without expectation of compensation,
provides emergency care in an emergency or disaster; or
(9) a consultation given to a veterinarian in this
state by a person who:
(A) resides in another state; and
(B) is lawfully qualified to practice veterinary
medicine under the laws of that state.
SECTION 2. Section 801.157, Occupations Code, is amended to
read as follows:
Sec. 801.157. PEER ASSISTANCE PROGRAM. (a) The board shall
establish or approve a peer assistance program for veterinarians.
The peer assistance program must comply with Chapter 467, Health
and Safety Code.
(b) The board may order a veterinarian who is subject to
disciplinary action under this chapter based on a finding that the
veterinarian is impaired by chemical dependency or mental illness
to submit to care, counseling, or treatment through the peer
assistance program.
SECTION 3. Subchapter D, Chapter 801, Occupations Code, is
amended by adding Section 801.164 to read as follows:
Sec. 801.164. PEACE OFFICERS. (a) The board may commission
as a peace officer to enforce this chapter an employee who has been
certified as qualified to be a peace officer by the Commission on
Law Enforcement Officer Standards and Education.
(b) An employee commissioned as a peace officer under this
chapter has the powers, privileges, and immunities of a peace
officer while carrying out duties as a peace officer under this
chapter.
SECTION 4. Section 801.253(a), Occupations Code, is amended
to read as follows:
(a) The board shall [hold a regular meeting at least twice
each year to] conduct licensing examinations at least twice each
year as provided by board rule. The [board shall conduct the]
examination shall be conducted at a time and place the board
determines is convenient for applicants.
SECTION 5. Section 801.254(a), Occupations Code, is amended
to read as follows:
(a) The board shall conduct, or may contract with a
board-approved entity to conduct, the licensing examination on
subjects relating to veterinary medicine, including anatomy,
pathology, chemistry, obstetrics, public health, veterinary
practice, veterinary jurisprudence, physiology and bacteriology,
and other subjects regularly taught in reputable schools of
veterinary medicine. In this chapter, a reference to an
examination conducted by the board includes an examination
conducted by a board-approved entity as permitted by this
subsection.
SECTION 6. Section 801.258, Occupations Code, is amended to
read as follows:
Sec. 801.258. TEMPORARY LICENSE. The board by rule may
provide for the issuance of a temporary license to an applicant who:
(1) is licensed in good standing as a veterinarian in
another state or foreign country;
(2) meets the eligibility requirements under Sections
801.252(1) and (2); and
(3) is not subject to denial of a license or to
disciplinary action for a ground listed in Section 801.402.
SECTION 7. Section 801.353, Occupations Code, is amended by
adding Subsection (d-1) to read as follows:
(d-1) The privilege provided by this section is waived by
the client or the owner of the animal treated by the veterinarian in
a proceeding to substantiate and collect on a claim for the
provision of veterinary services.
SECTION 8. Article 2.12, Code of Criminal Procedure, is
amended to read as follows:
Art. 2.12. WHO ARE PEACE OFFICERS. The following are peace
officers:
(1) sheriffs, their deputies, and those reserve
deputies who hold a permanent peace officer license issued under
Chapter 1701, Occupations Code;
(2) constables, deputy constables, and those reserve
deputy constables who hold a permanent peace officer license issued
under Chapter 1701, Occupations Code;
(3) marshals or police officers of an incorporated
city, town, or village, and those reserve municipal police officers
who hold a permanent peace officer license issued under Chapter
1701, Occupations Code;
(4) rangers and officers commissioned by the Public
Safety Commission and the Director of the Department of Public
Safety;
(5) investigators of the district attorneys', criminal
district attorneys', and county attorneys' offices;
(6) law enforcement agents of the Texas Alcoholic
Beverage Commission;
(7) each member of an arson investigating unit
commissioned by a city, a county, or the state;
(8) officers commissioned under Section 37.081,
Education Code, or Subchapter E, Chapter 51, Education Code;
(9) officers commissioned by the General Services
Commission;
(10) law enforcement officers commissioned by the
Parks and Wildlife Commission;
(11) airport police officers commissioned by a city
with a population of more than 1.18 million that operates an airport
that serves commercial air carriers;
(12) airport security personnel commissioned as peace
officers by the governing body of any political subdivision of this
state, other than a city described by Subdivision (11), that
operates an airport that serves commercial air carriers;
(13) municipal park and recreational patrolmen and
security officers;
(14) security officers and investigators commissioned
as peace officers by the comptroller;
(15) officers commissioned by a water control and
improvement district under Section 49.216, Water Code;
(16) officers commissioned by a board of trustees
under Chapter 54, Transportation Code;
(17) investigators commissioned by the Texas Medical
Board;
(18) officers commissioned by the board of managers of
the Dallas County Hospital District, the Tarrant County Hospital
District, or the Bexar County Hospital District under Section
281.057, Health and Safety Code;
(19) county park rangers commissioned under
Subchapter E, Chapter 351, Local Government Code;
(20) investigators employed by the Texas Racing
Commission;
(21) officers commissioned under Chapter 554,
Occupations Code;
(22) officers commissioned by the governing body of a
metropolitan rapid transit authority under Section 451.108,
Transportation Code, or by a regional transportation authority
under Section 452.110, Transportation Code;
(23) investigators commissioned by the attorney
general under Section 402.009, Government Code;
(24) security officers and investigators commissioned
as peace officers under Chapter 466, Government Code;
(25) an officer employed by the Department of State
Health Services under Section 431.2471, Health and Safety Code;
(26) officers appointed by an appellate court under
Subchapter F, Chapter 53, Government Code;
(27) officers commissioned by the state fire marshal
under Chapter 417, Government Code;
(28) an investigator commissioned by the commissioner
of insurance under Section 701.104, Insurance Code;
(29) apprehension specialists and inspectors general
commissioned by the Texas Youth Commission as officers under
Sections 61.0451 and 61.0931, Human Resources Code;
(30) officers appointed by the inspector general of
the Texas Department of Criminal Justice under Section 493.019,
Government Code;
(31) investigators commissioned by the Commission on
Law Enforcement Officer Standards and Education under Section
1701.160, Occupations Code;
(32) commission investigators commissioned by the
Texas Private Security Board under Section 1702.061(f),
Occupations Code;
(33) the fire marshal and any officers, inspectors, or
investigators commissioned by an emergency services district under
Chapter 775, Health and Safety Code;
(34) officers commissioned by the State Board of
Dental Examiners under Section 254.013, Occupations Code, subject
to the limitations imposed by that section;
(35) investigators commissioned by the Texas Juvenile
Probation Commission as officers under Section 141.055, Human
Resources Code; [and]
(36) the fire marshal and any related officers,
inspectors, or investigators commissioned by a county under
Subchapter B, Chapter 352, Local Government Code; and
(37) officers commissioned by the State Board of
Veterinary Medical Examiners under Section 801.164, Occupations
Code, subject to the limitations imposed by that section.
SECTION 9. This Act takes effect September 1, 2011.