By: Springer H.B. No. 1591
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of disease control by the Animal Health
Commission.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 161.041(a), (b), (c), (d), (f), and
(g), Agriculture Code, are amended to read as follows:
Sec. 161.041. DISEASE CONTROL. (a) The commission shall
protect all livestock, exotic livestock, native cervidae, domestic
fowl, and exotic fowl from the following:
(1) tuberculosis;
(2) anthrax;
(3) glanders;
(4) infectious abortion;
(5) hemorrhagic septicemia;
(6) hog cholera;
(7) Malta fever;
(8) foot-and-mouth disease;
(9) rabies among animals other than canines;
(10) bacillary white diarrhea among fowl;
(11) equine infectious anemia; [and]
(12) transmissible spongiform encephalopathies; and
(13) other diseases recognized as communicable by the
veterinary profession.
(b) The commission may act to eradicate or control any
disease or agent of transmission for any disease that affects
livestock, exotic livestock, native cervidae, domestic fowl, or
exotic fowl, regardless of whether the disease is communicable,
even if the agent of transmission is an animal species that is not
subject to the jurisdiction of the commission. The commission may
adopt any rules necessary to carry out the purposes of this
subsection, including rules concerning testing, movement,
inspection, and treatment.
(c) A person commits an offense if the person knowingly
fails to handle, in accordance with rules adopted by the
commission, livestock, exotic livestock, native cervidae,
domestic fowl, or exotic fowl:
(1) infected with a disease listed in Subsection (a);
(2) exposed, as defined by commission rule, to a
disease listed in Subsection (a) if the commission has notified the
person that the animal was exposed to the disease; or
(3) subject to a testing requirement due to a risk of
exposure, as defined by commission rule, to a specific disease if
the commission has notified the person of the testing requirement.
(d) A person commits an offense if the person knowingly
fails to identify or refuses to permit an agent of the commission to
identify, in accordance with rules adopted by the commission,
livestock, exotic livestock, native cervidae, domestic fowl, or
exotic fowl infected with a disease listed in Subsection (a).
(e) An offense under Subsection (c) or (d) of this section
is a Class C misdemeanor unless it is shown on the trial of the
offense that the defendant has been previously convicted under this
section, in which event the offense is a Class B misdemeanor.
(f) In complying with this section, the commission
shall [may not infringe on or supersede the authority of any other
agency of this state, including the authority of the Parks and
Wildlife Department relating to wildlife. If a conflict of
authority occurs, the commission shall assume responsibility for
disease control efforts, but] work collaboratively with the Parks
and Wildlife Department [other agency] to enable each agency to
effectively carry out its responsibilities.
(g) The commission's authority to control or eradicate an
agent of transmission that is an animal species that is not subject
to the jurisdiction of the commission is limited to instances when a
disease that threatens livestock, exotic livestock, native
cervidae, domestic fowl, or exotic fowl has been confirmed or is
suspected to exist in that species and the commission determines
that a serious threat to livestock, exotic livestock, native
cervidae, domestic fowl, or exotic fowl exists.
SECTION 2. Section 43.357, Parks and Wildlife Code, is
amended by adding Subsection (b-1) to read as follows:
(b-1) The commission shall not make regulations concerning
movement within the release site for breeder deer based on disease
control under the jurisdiction of the Animal Health Commission
under Section 161.041, Agriculture Code.
SECTION 3. 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.