| 1 | 1 | | By: Springer H.B. No. 1591 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to the regulation of disease control by the Animal Health |
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| 7 | 7 | | Commission. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Sections 161.041(a), (b), (c), (d), (f), and |
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| 10 | 10 | | (g), Agriculture Code, are amended to read as follows: |
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| 11 | 11 | | Sec. 161.041. DISEASE CONTROL. (a) The commission shall |
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| 12 | 12 | | protect all livestock, exotic livestock, native cervidae, domestic |
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| 13 | 13 | | fowl, and exotic fowl from the following: |
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| 14 | 14 | | (1) tuberculosis; |
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| 15 | 15 | | (2) anthrax; |
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| 16 | 16 | | (3) glanders; |
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| 17 | 17 | | (4) infectious abortion; |
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| 18 | 18 | | (5) hemorrhagic septicemia; |
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| 19 | 19 | | (6) hog cholera; |
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| 20 | 20 | | (7) Malta fever; |
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| 21 | 21 | | (8) foot-and-mouth disease; |
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| 22 | 22 | | (9) rabies among animals other than canines; |
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| 23 | 23 | | (10) bacillary white diarrhea among fowl; |
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| 24 | 24 | | (11) equine infectious anemia; [and] |
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| 25 | 25 | | (12) transmissible spongiform encephalopathies; and |
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| 26 | 26 | | (13) other diseases recognized as communicable by the |
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| 27 | 27 | | veterinary profession. |
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| 28 | 28 | | (b) The commission may act to eradicate or control any |
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| 29 | 29 | | disease or agent of transmission for any disease that affects |
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| 30 | 30 | | livestock, exotic livestock, native cervidae, domestic fowl, or |
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| 31 | 31 | | exotic fowl, regardless of whether the disease is communicable, |
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| 32 | 32 | | even if the agent of transmission is an animal species that is not |
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| 33 | 33 | | subject to the jurisdiction of the commission. The commission may |
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| 34 | 34 | | adopt any rules necessary to carry out the purposes of this |
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| 35 | 35 | | subsection, including rules concerning testing, movement, |
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| 36 | 36 | | inspection, and treatment. |
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| 37 | 37 | | (c) A person commits an offense if the person knowingly |
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| 38 | 38 | | fails to handle, in accordance with rules adopted by the |
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| 39 | 39 | | commission, livestock, exotic livestock, native cervidae, |
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| 40 | 40 | | domestic fowl, or exotic fowl: |
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| 41 | 41 | | (1) infected with a disease listed in Subsection (a); |
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| 42 | 42 | | (2) exposed, as defined by commission rule, to a |
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| 43 | 43 | | disease listed in Subsection (a) if the commission has notified the |
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| 44 | 44 | | person that the animal was exposed to the disease; or |
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| 45 | 45 | | (3) subject to a testing requirement due to a risk of |
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| 46 | 46 | | exposure, as defined by commission rule, to a specific disease if |
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| 47 | 47 | | the commission has notified the person of the testing requirement. |
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| 48 | 48 | | (d) A person commits an offense if the person knowingly |
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| 49 | 49 | | fails to identify or refuses to permit an agent of the commission to |
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| 50 | 50 | | identify, in accordance with rules adopted by the commission, |
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| 51 | 51 | | livestock, exotic livestock, native cervidae, domestic fowl, or |
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| 52 | 52 | | exotic fowl infected with a disease listed in Subsection (a). |
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| 53 | 53 | | (e) An offense under Subsection (c) or (d) of this section |
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| 54 | 54 | | is a Class C misdemeanor unless it is shown on the trial of the |
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| 55 | 55 | | offense that the defendant has been previously convicted under this |
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| 56 | 56 | | section, in which event the offense is a Class B misdemeanor. |
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| 57 | 57 | | (f) In complying with this section, the commission |
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| 58 | 58 | | shall [may not infringe on or supersede the authority of any other |
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| 59 | 59 | | agency of this state, including the authority of the Parks and |
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| 60 | 60 | | Wildlife Department relating to wildlife. If a conflict of |
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| 61 | 61 | | authority occurs, the commission shall assume responsibility for |
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| 62 | 62 | | disease control efforts, but] work collaboratively with the Parks |
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| 63 | 63 | | and Wildlife Department [other agency] to enable each agency to |
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| 64 | 64 | | effectively carry out its responsibilities. |
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| 65 | 65 | | (g) The commission's authority to control or eradicate an |
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| 66 | 66 | | agent of transmission that is an animal species that is not subject |
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| 67 | 67 | | to the jurisdiction of the commission is limited to instances when a |
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| 68 | 68 | | disease that threatens livestock, exotic livestock, native |
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| 69 | 69 | | cervidae, domestic fowl, or exotic fowl has been confirmed or is |
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| 70 | 70 | | suspected to exist in that species and the commission determines |
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| 71 | 71 | | that a serious threat to livestock, exotic livestock, native |
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| 72 | 72 | | cervidae, domestic fowl, or exotic fowl exists. |
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| 73 | 73 | | SECTION 2. Section 43.357, Parks and Wildlife Code, is |
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| 74 | 74 | | amended by adding Subsection (b-1) to read as follows: |
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| 75 | 75 | | (b-1) The commission shall not make regulations concerning |
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| 76 | 76 | | movement within the release site for breeder deer based on disease |
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| 77 | 77 | | control under the jurisdiction of the Animal Health Commission |
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| 78 | 78 | | under Section 161.041, Agriculture Code. |
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| 79 | 79 | | SECTION 3. This Act takes effect immediately if it receives |
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| 80 | 80 | | a vote of two-thirds of all the members elected to each house, as |
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| 81 | 81 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 82 | 82 | | Act does not receive the vote necessary for immediate effect, this |
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| 83 | 83 | | Act takes effect September 1, 2019. |
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