By: Kacal, et al. (Senate Sponsor - Schwertner) H.B. No. 2311
(In the Senate - Received from the House April 29, 2013;
April 29, 2013, read first time and referred to Committee on
Administration; May 8, 2013, reported favorably by the following
vote: Yeas 4, Nays 0; May 8, 2013, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to an animal identification program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 161.056(a), (c), and (d), Agriculture
Code, are amended to read as follows:
(a) In order to provide for disease control and enhance the
ability to trace disease-infected animals or animals that have been
exposed to disease, the commission may develop and implement an
animal identification program that is no more stringent than a
federal animal disease traceability or other federal animal
identification program [consistent with the United States
Department of Agriculture's National Animal Identification
System].
(c) The commission may adopt rules to require the use of
official identification [numbers assigned] as part of the animal
identification program under Subsection (a) for animal disease
control or [,] animal emergency management[, and other commission
programs].
(d) The commission may by a two-thirds vote adopt rules to
provide for an animal identification program more stringent than a
program allowed by Subsection (a) only for control of a specific
animal disease or for animal emergency management [establish a date
by which all premises must be registered and may assess a
registration fee on all entities that register for a premises
identification number].
SECTION 2. Sections 161.056(b), (g), and (h), Agriculture
Code, are repealed.
SECTION 3. (a) The changes in law made by this Act to
Section 161.056, Agriculture Code, do not supersede rules of the
Texas Animal Health Commission implementing an animal
identification program adopted under Section 161.056, Agriculture
Code, prior to the amendment of that section by this Act. Those
rules are continued in effect until amended or repealed as if this
Act had not been enacted, and the former law is continued in effect
for that purpose.
(b) Rules adopted under Section 161.056, Agriculture Code,
and amendments to existing rules adopted under Section 161.056,
Agriculture Code, after the effective date of this Act must be made
in conformity with the changes in law made by this Act.
SECTION 4. (a) The repeal by this Act of Section
161.056(g), Agriculture Code, does not apply to an offense
committed under that subsection before the effective date of this
Act. For purposes of this section, an offense is committed before
the effective date of this Act if any element of the offense occurs
before that date.
(b) An offense committed before the effective date of this
Act is governed by Section 161.056(g), Agriculture Code, as it
existed when the offense was committed, and the former law is
continued in effect for that purpose.
SECTION 5. 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, 2013.
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