86R3351 BEF-F
By: Nevárez H.B. No. 1563
A BILL TO BE ENTITLED
AN ACT
relating to the licensing and regulation of animal export-import
processing facilities; providing penalties; requiring an
occupational license; authorizing fees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 12.020(c), Agriculture Code, is amended
to read as follows:
(c) The provisions of law subject to this section and the
applicable penalty amounts are as follows:
Provision Amount of Penalty Provision Amount of Penalty
Provision Amount of Penalty
Chapters 13, 14A, 17, 18, 19, 41, 46, 61, 72, 73, 74, 76, 94, 95, 101, 102, 103, 125, 132, Chapters 13, 14A, 17, 18, 19, 41, 46, 61, 72, 73, 74, 76, 94, 95, 101, 102, 103, 125, 132,
Chapters 13, 14A, 17, 18, 19, 41, 46, 61, 72, 73, 74, 76, 94, 95, 101, 102, 103, 125, 132,
Chapters 13, 14A, 17, 18, 19, 41, 46, 61, 72, 73, 74, 76, 94, 95, 101, 102, 103, 125, 132, Chapters 13, 14A, 17, 18, 19, 41, 46, 61, 72, 73, 74, 76, 94, 95, 101, 102, 103, 125, 132,
Chapters 13, 14A, 17, 18, 19, 41, 46, 61, 72, 73, 74, 76, 94, 95, 101, 102, 103, 125, 132,
Chapters 13, 14A, 17, 18, 19, 41, 46, 61, 72, 73, 74, 76, 94, 95, 101, 102, 103, 125, 132, Chapters 13, 14A, 17, 18, 19, 41, 46, 61, 72, 73, 74, 76, 94, 95, 101, 102, 103, 125, 132,
Chapters 13, 14A, 17, 18, 19, 41, 46, 61, 72, 73, 74, 76, 94, 95, 101, 102, 103, 125, 132,
and 134 not more than $5,000 and 134 not more than $5,000
and 134 not more than $5,000
Subchapters A, B, and C, Chapter 71 not more than $5,000 Subchapters A, B, and C, Chapter 71 not more than $5,000
Subchapters A, B, and C, Chapter 71 not more than $5,000
Chapter 14 not more than $10,000 Chapter 14 not more than $10,000
Chapter 14 not more than $10,000
Subchapter C, Chapter 146 not more than $5,000 Subchapter C, Chapter 146 not more than $5,000
Subchapter C, Chapter 146 not more than $5,000
Chapter 1951, Occupations Code not more than $5,000 Chapter 1951, Occupations Code not more than $5,000
Chapter 1951, Occupations Code not more than $5,000
Chapter 153, Natural Resources Chapter 153, Natural Resources
Chapter 153, Natural Resources
Code not more than $5,000 Code not more than $5,000
Code not more than $5,000
Section 91.009 not more than $5,000. Section 91.009 not more than $5,000.
Section 91.009 not more than $5,000.
SECTION 2. Chapter 146, Agriculture Code, is amended by
adding Subchapter C to read as follows:
SUBCHAPTER C. LICENSING AND INSPECTION OF EXPORT-IMPORT PROCESSING
FACILITIES
Sec. 146.041. DEFINITION. In this subchapter, "facility"
means an export-import processing facility that:
(1) is located in this state;
(2) is authorized under 9 C.F.R. Part 91, Subpart B;
and
(3) has the capacity to receive and hold animals and
animal products for transportation in international trade.
Sec. 146.042. POWERS AND DUTIES OF DEPARTMENT. (a) The
department has exclusive authority to license facilities in this
state.
(b) The department shall adopt rules to implement,
administer, and enforce this subchapter, including:
(1) requirements to obtain and renew a license;
(2) standards governing a license holder's operation
of a facility necessary to protect the public's health, safety, and
welfare and the safety of animals held by a facility;
(3) fees for the issuance and renewal of a license in
amounts necessary to recover the department's direct and indirect
costs of administering this subchapter; and
(4) a schedule of sanctions for violations of this
subchapter and rules adopted under this subchapter.
(c) A governmental entity is exempt from the license and
renewal fees under Subsection (b)(3).
Sec. 146.043. LICENSE REQUIRED. A person may not operate a
facility unless the person holds a license issued under this
subchapter.
Sec. 146.044. ENFORCEMENT. (a) The department may impose
an administrative penalty or other administrative sanction for a
violation of this subchapter or a rule adopted under this
subchapter, including a penalty or sanction under Section 12.020 or
12.0201.
(b) The department may suspend or revoke a license for a
violation of this subchapter or a rule adopted under this
subchapter.
SECTION 3. Section 12.020(c), Agriculture Code, as amended
by this Act, and Sections 146.043 and 146.044, Agriculture Code, as
added by this Act, do not apply before the 90th day after rules
under Section 146.042(b)(1), Agriculture Code, as added by this
Act, become effective.
SECTION 4. 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, 2019.
Provision Amount of Penalty
Chapters 13, 14A, 17, 18, 19, 41, 46, 61, 72, 73, 74, 76, 94, 95, 101, 102, 103, 125, 132,
Chapters 13, 14A, 17, 18, 19, 41, 46, 61, 72, 73, 74, 76, 94, 95, 101, 102, 103, 125, 132,
Chapters 13, 14A, 17, 18, 19, 41, 46, 61, 72, 73, 74, 76, 94, 95, 101, 102, 103, 125, 132,
and 134 not more than $5,000
Subchapters A, B, and C, Chapter 71 not more than $5,000
Chapter 14 not more than $10,000
Subchapter C, Chapter 146 not more than $5,000
Chapter 1951, Occupations Code not more than $5,000
Chapter 153, Natural Resources
Code not more than $5,000
Section 91.009 not more than $5,000.