1 | 1 | | By: Schwertner S.B. No. 1233 |
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2 | 2 | | (In the Senate - Filed March 6, 2013; March 13, 2013, read |
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3 | 3 | | first time and referred to Committee on Agriculture, Rural Affairs, |
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4 | 4 | | and Homeland Security; April 11, 2013, reported adversely, with |
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5 | 5 | | favorable Committee Substitute by the following vote: Yeas 4, |
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6 | 6 | | Nays 0; April 11, 2013, sent to printer.) |
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7 | 7 | | COMMITTEE SUBSTITUTE FOR S.B. No. 1233 By: Schwertner |
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8 | 8 | | |
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9 | 9 | | |
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10 | 10 | | A BILL TO BE ENTITLED |
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11 | 11 | | AN ACT |
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12 | 12 | | relating to an animal identification program. |
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13 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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14 | 14 | | SECTION 1. Subsections (a), (c), and (d), Section 161.056, |
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15 | 15 | | Agriculture Code, are amended to read as follows: |
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16 | 16 | | (a) In order to provide for disease control and enhance the |
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17 | 17 | | ability to trace disease-infected animals or animals that have been |
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18 | 18 | | exposed to disease, the commission may develop and implement an |
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19 | 19 | | animal identification program that is no more stringent than a |
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20 | 20 | | federal animal disease traceability or other federal animal |
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21 | 21 | | identification program [consistent with the United States |
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22 | 22 | | Department of Agriculture's National Animal Identification |
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23 | 23 | | System]. |
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24 | 24 | | (c) The commission may adopt rules to require the use of |
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25 | 25 | | official identification [numbers assigned] as part of the animal |
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26 | 26 | | identification program under Subsection (a) for animal disease |
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27 | 27 | | control or[,] animal emergency management[, and other commission |
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28 | 28 | | programs]. |
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29 | 29 | | (d) The commission may by a two-thirds vote adopt rules to |
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30 | 30 | | provide for an animal identification program more stringent than a |
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31 | 31 | | program allowed by Subsection (a) only for control of a specific |
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32 | 32 | | animal disease or for animal emergency management [establish a date |
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33 | 33 | | by which all premises must be registered and may assess a |
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34 | 34 | | registration fee on all entities that register for a premises |
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35 | 35 | | identification number]. |
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36 | 36 | | SECTION 2. Subsections (b), (g), and (h), Section 161.056, |
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37 | 37 | | Agriculture Code, are repealed. |
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38 | 38 | | SECTION 3. (a) The changes in law made by this Act to |
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39 | 39 | | Section 161.056, Agriculture Code, do not supersede rules of the |
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40 | 40 | | Texas Animal Health Commission implementing an animal |
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41 | 41 | | identification program adopted under Section 161.056, Agriculture |
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42 | 42 | | Code, prior to the amendment of that section by this Act. Those |
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43 | 43 | | rules are continued in effect until amended or repealed as if this |
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44 | 44 | | Act had not been enacted, and the former law is continued in effect |
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45 | 45 | | for that purpose. |
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46 | 46 | | (b) Rules adopted under Section 161.056, Agriculture Code, |
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47 | 47 | | and amendments to existing rules adopted under Section 161.056, |
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48 | 48 | | Agriculture Code, after the effective date of this Act must be made |
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49 | 49 | | in conformity with the changes in law made by this Act. |
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50 | 50 | | SECTION 4. (a) The repeal by this Act of Subsection (g), |
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51 | 51 | | Section 161.056, Agriculture Code, does not apply to an offense |
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52 | 52 | | committed under that subsection before the effective date of this |
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53 | 53 | | Act. For purposes of this section, an offense is committed before |
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54 | 54 | | the effective date of this Act if any element of the offense occurs |
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55 | 55 | | before that date. |
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56 | 56 | | (b) An offense committed before the effective date of this |
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57 | 57 | | Act is governed by Subsection (g), Section 161.056, Agriculture |
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58 | 58 | | Code, as it existed when the offense was committed, and the former |
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59 | 59 | | law is continued in effect for that purpose. |
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60 | 60 | | SECTION 5. This Act takes effect immediately if it receives |
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61 | 61 | | a vote of two-thirds of all the members elected to each house, as |
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62 | 62 | | provided by Section 39, Article III, Texas Constitution. If this |
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63 | 63 | | Act does not receive the vote necessary for immediate effect, this |
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64 | 64 | | Act takes effect September 1, 2013. |
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65 | 65 | | * * * * * |
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