| 1 | 1 | | 84R3235 BEF-F |
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| 2 | 2 | | By: White of Tyler H.B. No. 809 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the composition of and qualifications for appointment |
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| 8 | 8 | | to the Texas Animal Health Commission. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 161.021, Agriculture Code, is amended by |
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| 11 | 11 | | amending Subsections (a) and (d) and adding Subsection (a-1) to |
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| 12 | 12 | | read as follows: |
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| 13 | 13 | | (a) The commission is composed of 15 [13] commissioners |
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| 14 | 14 | | appointed by the governor with the advice and consent of the senate, |
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| 15 | 15 | | with the appropriate number from each of the following categories: |
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| 16 | 16 | | (1) a practitioner of veterinary medicine; |
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| 17 | 17 | | (2) a dairyman; |
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| 18 | 18 | | (3) a cattle raiser; |
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| 19 | 19 | | (4) a hog raiser; |
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| 20 | 20 | | (5) a sheep or goat raiser; |
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| 21 | 21 | | (6) a poultry raiser; |
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| 22 | 22 | | (7) an individual involved in the equine industry; |
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| 23 | 23 | | (8) an individual involved in the feedlot industry; |
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| 24 | 24 | | (9) an individual involved in the livestock marketing |
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| 25 | 25 | | industry; |
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| 26 | 26 | | (10) three members of the general public; [and] |
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| 27 | 27 | | (11) an individual involved in the exotic livestock or |
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| 28 | 28 | | exotic fowl industry; |
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| 29 | 29 | | (12) an individual who raises livestock, but not more |
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| 30 | 30 | | than 20 animal units each year as provided by Subsection (a-1); and |
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| 31 | 31 | | (13) an individual who raises poultry, but not more |
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| 32 | 32 | | than 100 birds each year. |
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| 33 | 33 | | (a-1) For purposes of Subsection (a)(12), the Texas A&M |
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| 34 | 34 | | AgriLife Extension Service shall adopt rules to determine how many |
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| 35 | 35 | | livestock of a species constitute an animal unit based on the amount |
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| 36 | 36 | | of forage consumed by livestock of that species. |
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| 37 | 37 | | (d) A person is not eligible for appointment as a public |
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| 38 | 38 | | member of the commission if the person or the person's spouse: |
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| 39 | 39 | | (1) is registered, certified, or licensed by the |
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| 40 | 40 | | commission; |
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| 41 | 41 | | (2) is employed by or participates in the management |
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| 42 | 42 | | of a business entity or other organization: |
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| 43 | 43 | | (A) regulated by the commission; |
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| 44 | 44 | | (B) [or] receiving money from the commission; or |
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| 45 | 45 | | (C) a significant portion of the operations of |
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| 46 | 46 | | which involves animals that are regulated by the commission; |
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| 47 | 47 | | (3) owns or controls, directly or indirectly, more |
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| 48 | 48 | | than a 10 percent interest in a business entity or other |
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| 49 | 49 | | organization: |
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| 50 | 50 | | (A) regulated by the commission; |
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| 51 | 51 | | (B) [or] receiving money from the commission; |
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| 52 | 52 | | or |
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| 53 | 53 | | (C) a significant portion of the operations of |
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| 54 | 54 | | which involves animals that are regulated by the commission; or |
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| 55 | 55 | | (4) uses or receives a substantial amount of tangible |
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| 56 | 56 | | goods, services, or money from the commission, other than |
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| 57 | 57 | | compensation or reimbursement authorized by law for commission |
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| 58 | 58 | | membership, attendance, or expenses. |
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| 59 | 59 | | SECTION 2. Section 161.022, Agriculture Code, is amended to |
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| 60 | 60 | | read as follows: |
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| 61 | 61 | | Sec. 161.022. TERM. Commissioners serve for staggered |
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| 62 | 62 | | terms of six years, with the terms of [four or] five members |
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| 63 | 63 | | expiring every other year. |
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| 64 | 64 | | SECTION 3. As soon as practicable before, on, or after the |
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| 65 | 65 | | effective date of this Act, the Texas A&M AgriLife Extension |
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| 66 | 66 | | Service shall adopt rules under Section 161.021(a-1), Agriculture |
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| 67 | 67 | | Code, as added by this Act. |
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| 68 | 68 | | SECTION 4. As soon as practicable after the Texas A&M |
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| 69 | 69 | | AgriLife Extension Service adopts rules under Section |
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| 70 | 70 | | 161.021(a-1), Agriculture Code, as added by this Act, the governor |
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| 71 | 71 | | shall appoint the members of the Texas Animal Health Commission |
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| 72 | 72 | | under Sections 161.021(a)(12) and (13), Agriculture Code, as added |
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| 73 | 73 | | by this Act. The governor shall appoint one member to a term |
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| 74 | 74 | | expiring in September 2017 and one member to a term expiring in |
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| 75 | 75 | | September 2021. |
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| 76 | 76 | | SECTION 5. A public member of the Texas Animal Health |
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| 77 | 77 | | Commission who does not meet the qualifications for office under |
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| 78 | 78 | | Section 161.021(d), Agriculture Code, as amended by this Act, on |
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| 79 | 79 | | the effective date of this Act is removed from office on that date. |
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| 80 | 80 | | If a public member is removed as provided by this section, the |
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| 81 | 81 | | governor shall appoint a replacement to a term complying with |
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| 82 | 82 | | Section 161.022, Agriculture Code, as amended by this Act. |
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| 83 | 83 | | SECTION 6. This Act takes effect September 1, 2015. |
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