Texas 2021 - 87th Regular

Texas House Bill HB1830 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R3112 MP-D
2	2	By: Cyrier H.B. No. 1830
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the continuation and functions of the Texas Animal
8	8	Health Commission.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 161.004(a), Agriculture Code, is amended
11	11	to read as follows:
12	12	(a) A person who is the owner or caretaker of livestock,
13	13	exotic livestock, domestic fowl, or exotic fowl that die from a
14	14	disease listed by the commission in rules adopted under [in]
15	15	Section 161.041, or who owns or controls the land on which the
16	16	livestock, exotic livestock, domestic fowl, or exotic fowl die or
17	17	on which the carcasses are found, shall dispose of the carcasses in
18	18	the manner required by the commission under this section.
19	19	SECTION 2. Section 161.023, Agriculture Code, is amended by
20	20	amending Subsections (a) and (b) and adding Subsection (d) to read
21	21	as follows:
22	22	(a) A person who is appointed to and qualifies for office as
23	23	a member of the commission may not vote, deliberate, or be counted
24	24	as a member in attendance at a meeting of the commission until the
25	25	person completes a training program that complies with this section
26	26	[Before a member of the commission may assume the member's duties
27	27	and before the member may be confirmed by the senate, the member
28	28	must complete at least one course of the training program
29	29	established under this section].
30	30	(b) The [A] training program must [established under this
31	31	section shall] provide the person with information [to the member]
32	32	regarding:
33	33	(1) the law governing [enabling legislation that
34	34	created the] commission operations;
35	35	(2) the programs, functions, rules, and budget of
36	36	[operated by] the commission;
37	37	(3) the scope of and limitations on the rulemaking
38	38	authority [role and functions] of the commission;
39	39	(4) [the rules of the commission with an emphasis on
40	40	the rules that relate to disciplinary and investigatory authority;
41	41	[(5) the current budget for the commission;
42	42	[(6)] the results of the most recent formal audit of the
43	43	commission;
44	44	(5) [(7)] the requirements of [the]:
45	45	(A) laws relating to open meetings, public
46	46	information, administrative procedure, and disclosing conflicts of
47	47	interest [law, Chapter 551, Government Code]; and
48	48	(B) other laws applicable to members of a state
49	49	policy-making body in performing their duties [open records law,
50	50	Chapter 552, Government Code]; and
51	51	[(C) administrative procedure law, Chapter 2001,
52	52	Government Code;
53	53	[(8) the requirements of the conflict of interest laws
54	54	and other laws relating to public officials; and]
55	55	(6) [(9)] any applicable ethics policies adopted by
56	56	the commission or the Texas Ethics Commission.
57	57	(d) The executive director of the commission shall create a
58	58	training manual that includes the information required by
59	59	Subsection (b). The executive director shall distribute a copy of
60	60	the training manual annually to each member of the commission. Each
61	61	member of the commission shall sign and submit to the executive
62	62	director a statement acknowledging that the member received and has
63	63	reviewed the training manual.
64	64	SECTION 3. Section 161.027, Agriculture Code, is amended to
65	65	read as follows:
66	66	Sec. 161.027. SUNSET PROVISION. The Texas Animal Health
67	67	Commission is subject to Chapter 325, Government Code (Texas Sunset
68	68	Act). Unless continued in existence as provided by that chapter,
69	69	the commission is abolished September 1, 2033 [2021].
70	70	SECTION 4. Section 161.029(a), Agriculture Code, is amended
71	71	to read as follows:
72	72	(a) It is a ground for removal from the commission if a
73	73	member:
74	74	(1) does not have at the time of taking office
75	75	[appointment] the qualifications required by Section 161.021;
76	76	(2) does not maintain during service on the commission
77	77	the qualifications required by Section 161.021;
78	78	(3) is ineligible for membership under Section
79	79	161.021(d) or 161.028;
80	80	(4) cannot, because of illness or disability,
81	81	discharge the member's duties for a substantial part of the member's
82	82	term [for which the member is appointed because of illness or
83	83	disability]; or
84	84	(5) is absent from more than half of the regularly
85	85	scheduled commission meetings that the member is eligible to attend
86	86	during a calendar year without an excuse approved [unless that
87	87	absence is excused] by a majority vote of the commission.
88	88	SECTION 5. Section 161.033(c), Agriculture Code, is amended
89	89	to read as follows:
90	90	(c) The commission shall periodically notify the complaint
91	91	parties [to a complaint] of the status of the complaint until [its]
92	92	final disposition unless the notice would jeopardize an
93	93	investigation.
94	94	SECTION 6. Sections 161.035(a) and (b), Agriculture Code,
95	95	are amended to read as follows:
96	96	(a) The commission by rule may establish advisory
97	97	committees [as it considers necessary] to make recommendations to
98	98	the commission on programs, [assist it in developing proposed]
99	99	rules, and policies administered by the commission [for the
100	100	regulation of exotic livestock and exotic fowl].
101	101	(b) In establishing [A member of] an advisory committee
102	102	[established] under this section, the commission shall adopt rules,
103	103	including rules regarding:
104	104	(1) the purpose, role, responsibility, goals, and
105	105	duration of the committee;
106	106	(2) the size of and quorum requirement for the
107	107	committee;
108	108	(3) qualifications for committee membership;
109	109	(4) appointment procedures for members;
110	110	(5) terms of service for members;
111	111	(6) training requirements for members;
112	112	(7) policies to avoid conflicts of interest by
113	113	members;
114	114	(8) a periodic review process to evaluate the
115	115	continuing need for the committee; and
116	116	(9) policies to ensure the committee does not violate
117	117	any provision of Chapter 551, Government Code, applicable to the
118	118	commission or the committee [serves at the pleasure of the
119	119	commission].
120	120	SECTION 7. Subchapter B, Chapter 161, Agriculture Code, is
121	121	amended by adding Section 161.0375 to read as follows:
122	122	Sec. 161.0375. PERIODIC REVIEW OF COMPLIANCE INFORMATION.
123	123	(a) The commission shall analyze, on a statewide and regional
124	124	basis, violations of this subtitle. The commission shall consider:
125	125	(1) violation types and disposition;
126	126	(2) persons who are repeat offenders; and
127	127	(3) persons who commit the most serious offenses.
128	128	(b) The commission shall use the analysis under Subsection
129	129	(a) to compare enforcement practices across each region and
130	130	determine:
131	131	(1) training needs;
132	132	(2) gaps in enforcement authority; and
133	133	(3) effective enforcement activities.
134	134	(c) The commission shall conduct the analysis under
135	135	Subsection (a) on a periodic basis to ensure that the information
136	136	reflects current enforcement practices.
137	137	(d) The commission shall timely enter and share compliance
138	138	and enforcement information on a statewide and regional basis.
139	139	SECTION 8. Sections 161.041(a), (c), and (d), Agriculture
140	140	Code, are amended to read as follows:
141	141	(a) The commission shall protect all livestock, exotic
142	142	livestock, domestic fowl, and exotic fowl from diseases the
143	143	commission determines require control or eradication. The
144	144	commission shall adopt and periodically update rules listing the
145	145	diseases that require control or eradication by the commission [the
146	146	following:
147	147	[(1) tuberculosis;
148	148	[(2) anthrax;
149	149	[(3) glanders;
150	150	[(4) infectious abortion;
151	151	[(5) hemorrhagic septicemia;
152	152	[(6) hog cholera;
153	153	[(7) Malta fever;
154	154	[(8) foot-and-mouth disease;
155	155	[(9) rabies among animals other than canines;
156	156	[(10) bacillary white diarrhea among fowl;
157	157	[(11) equine infectious anemia; and
158	158	[(12) other diseases recognized as communicable by the
159	159	veterinary profession].
160	160	(c) A person commits an offense if the person knowingly
161	161	fails to handle, in accordance with rules adopted by the
162	162	commission, livestock, exotic livestock, domestic fowl, or exotic
163	163	fowl:
164	164	(1) infected with a disease listed by the commission
165	165	by rule under [in] Subsection (a);
166	166	(2) exposed, as defined by commission rule, to a
167	167	disease listed by the commission by rule under [in] Subsection (a)
168	168	if the commission has notified the person that the animal was
169	169	exposed to the disease; or
170	170	(3) subject to a testing requirement due to a risk of
171	171	exposure, as defined by commission rule, to a specific disease if
172	172	the commission has notified the person of the testing requirement.
173	173	(d) A person commits an offense if the person knowingly
174	174	fails to identify or refuses to permit an agent of the commission to
175	175	identify, in accordance with rules adopted by the commission,
176	176	livestock, exotic livestock, domestic fowl, or exotic fowl infected
177	177	with a disease listed by the commission by rule under [in]
178	178	Subsection (a).
179	179	SECTION 9. Subchapter C, Chapter 161, Agriculture Code, is
180	180	amended by adding Section 161.0603 to read as follows:
181	181	Sec. 161.0603. LABORATORY TESTING. (a) The Texas A&M
182	182	Veterinary Medical Diagnostic Laboratory is the state's regulatory
183	183	animal health laboratory.
184	184	(b) This section does not prevent the commission from:
185	185	(1) using a laboratory other than the Texas A&M
186	186	Veterinary Medical Diagnostic Laboratory for a test as needed; or
187	187	(2) collecting specimens and performing field tests to
188	188	diagnose animal diseases.
189	189	(c) The commission and the Texas A&M Veterinary Medical
190	190	Diagnostic Laboratory shall enter into a memorandum of
191	191	understanding to:
192	192	(1) establish the laboratory services to be performed
193	193	by the Texas A&M Veterinary Medical Diagnostic Laboratory;
194	194	(2) provide reporting requirements for the Texas A&M
195	195	Veterinary Medical Diagnostic Laboratory on all test requests
196	196	received from the commission; and
197	197	(3) set fees associated with laboratory services
198	198	performed for the commission in amounts sufficient to recover the
199	199	costs of those services.
200	200	(d) The commission and the Texas A&M Veterinary Medical
201	201	Diagnostic Laboratory shall annually review the memorandum of
202	202	understanding under Subsection (c).
203	203	SECTION 10. Section 161.061, Agriculture Code, is amended
204	204	to read as follows:
205	205	Sec. 161.061. ESTABLISHMENT. (a) The [If the] commission
206	206	may [determines or is informed that a disease listed in Section
207	207	161.041 of this code exists in another state, territory, or
208	208	country, the commission shall] establish a quarantine against all
209	209	or the portion of a [the] state, territory, or country in which a
210	210	[the] disease listed in rules adopted under Section 161.041 exists.
211	211	(b) A [If the commission determines that a disease listed in
212	212	Section 161.041 of this code or an agency of transmission of one of
213	213	those diseases exists in a place in this state or among livestock,
214	214	exotic livestock, domestic animals, domestic fowl, or exotic fowl,
215	215	or that a place in this state or livestock, exotic livestock,
216	216	domestic animals, domestic fowl, or exotic fowl are exposed to one
217	217	of those diseases or an agency of transmission of one of those
218	218	diseases, the commission shall establish a quarantine on the
219	219	affected animals or on the affected place. The] quarantine
220	220	established under Subsection (a) [of an affected place] may extend
221	221	to any affected area, including a county, district, pasture, lot,
222	222	ranch, farm, field, range, thoroughfare, building, stable, or
223	223	stockyard pen.
224	224	(c) The commission may establish a quarantine to prohibit or
225	225	regulate the movement of:
226	226	(1) any article or animal that the commission
227	227	designates to be a carrier of a disease listed in rules adopted
228	228	under [in] Section 161.041 [of this code] or a potential carrier of
229	229	one of those diseases, if movement is not otherwise regulated or
230	230	prohibited; and
231	231	(2) an animal into an affected area, including a
232	232	county district, pasture, lot, ranch, farm, field, range,
233	233	thoroughfare, building, stable, or stockyard pen.
234	234	SECTION 11. Section 161.065(c), Agriculture Code, is
235	235	amended to read as follows:
236	236	(c) If the commission finds animals that have been moved in
237	237	violation of a quarantine established under this chapter or in
238	238	violation of any other livestock sanitary law, the commission shall
239	239	quarantine the animals until they have been properly treated,
240	240	vaccinated, tested, [dipped,] or disposed of in accordance with the
241	241	rules of the commission.
242	242	SECTION 12. Section 161.101(a), Agriculture Code, is
243	243	amended to read as follows:
244	244	(a) A veterinarian, a veterinary diagnostic laboratory, or
245	245	a person having care, custody, or control of an animal shall report
246	246	to the commission the existence of [the following] diseases listed
247	247	in rules adopted by the commission among livestock, exotic
248	248	livestock, bison, domestic fowl, or exotic fowl [to the commission]
249	249	within 24 hours after diagnosis of the disease. The commission
250	250	shall adopt and periodically update rules listing the diseases that
251	251	the commission determines require reporting under this section[:
252	252	[(1) anthrax;
253	253	[(2) avian infectious laryngotracheitis;
254	254	[(3) avian influenza;
255	255	[(4) avian tuberculosis;
256	256	[(5) bovine trichomoniasis;
257	257	[(6) chronic wasting disease;
258	258	[(7) duck virus enteritis;
259	259	[(8) duck virus hepatitis;
260	260	[(9) equine encephalomyelitis;
261	261	[(10) equine herpes virus-1;
262	262	[(11) equine infectious anemia;
263	263	[(12) equine viral arteritis;
264	264	[(13) infectious encephalomyelitis in poultry or
265	265	other fowl;
266	266	[(14) ornithosis;
267	267	[(15) paramyxovirus infection in poultry or other
268	268	fowl; or
269	269	[(16) scabies in sheep or cattle].
270	270	SECTION 13. Section 161.112(a), Agriculture Code, is
271	271	amended to read as follows:
272	272	(a) Following notice and public hearing, the commission
273	273	shall adopt rules relating to the movement of livestock, exotic
274	274	livestock, and exotic fowl from livestock markets and shall require
275	275	tests, immunization, or treatment [and dipping of those livestock]
276	276	as necessary to protect against the spread of communicable
277	277	diseases.
278	278	SECTION 14. Section 161.113, Agriculture Code, is amended
279	279	to read as follows:
280	280	Sec. 161.113. TESTING, [OR] TREATMENT, OR VACCINATION OF
281	281	LIVESTOCK. (a) The [If the] commission shall adopt rules for
282	282	[requires] testing, treatment, or vaccination under this
283	283	subchapter[, the testing or vaccination must be performed by an
284	284	accredited veterinarian or qualified person authorized by the
285	285	commission]. The state may not be required to pay the cost of fees
286	286	charged for the testing, treatment, or vaccination.
287	287	(b) If the commission requires the dipping of livestock
288	288	under this subchapter, the livestock shall be [submerged in a vat,
289	289	sprayed, or] treated in a [another sanitary] manner prescribed by
290	290	rule of the commission.
291	291	(c) The commission may require the owner or operator of a
292	292	livestock market to furnish adequate equipment or facilities
293	293	[chutes or holding pens or to furnish] or have access to [other]
294	294	essential equipment or [testing and dipping] facilities within the
295	295	immediate vicinity of the livestock market.
296	296	SECTION 15. Section 161.134, Agriculture Code, is amended
297	297	to read as follows:
298	298	Sec. 161.134. PROOF OF TREATMENT OR VACCINATION. In the
299	299	trial of any case involving the compliance of an owner or caretaker
300	300	with a provision of this chapter requiring the treatment or[,]
301	301	vaccination[, dipping, or disinfecting] of livestock, a person may
302	302	not attempt to prove that the action was taken by a person other
303	303	than an authorized representative of the commission.
304	304	SECTION 16. Section 162.004(c), Agriculture Code, is
305	305	amended to read as follows:
306	306	(c) A certificate under this section must be:
307	307	(1) in a form prescribed by the commission; and
308	308	(2) [must be] sent to the commission within the time
309	309	prescribed by the commission by rule [48 hours after completion of
310	310	the test or vaccination].
311	311	SECTION 17. Section 164.002(c), Agriculture Code, is
312	312	amended to read as follows:
313	313	(c) Cattle or sheep are not exposed to scabies under
314	314	Subsection (b) of this section if the place or plant has been
315	315	disinfected since the infected cattle or sheep were removed. This
316	316	subsection does not exempt the cattle or sheep from treatment
317	317	[dipping] required by this chapter.
318	318	SECTION 18. Section 164.004, Agriculture Code, is amended
319	319	to read as follows:
320	320	Sec. 164.004. DUTIES OF INSPECTORS. (a) All treatments
321	321	[dippings], inspections, and certifications for scabies
322	322	eradication and the disinfection of all equipment or facilities
323	323	[cars, sheds, boats, chutes, alleys, platforms, pens, or yards]
324	324	required by this chapter shall be performed by or under the
325	325	supervision of an inspector.
326	326	(b) Local inspectors shall perform all duties necessary for
327	327	[to] the treatment, inspection, [dipping,] and certification of
328	328	livestock under this chapter.
329	329	SECTION 19. Section 164.005(a), Agriculture Code, is
330	330	amended to read as follows:
331	331	(a) An inspector is entitled to enter any public or private
332	332	place where cattle or sheep are kept or ranged for the purpose of:
333	333	(1) ascertaining the presence of scabies infection;
334	334	(2) ascertaining any exposure to scabies; or
335	335	(3) inspecting, classifying, or treating [dipping]
336	336	cattle or sheep for scabies infection or exposure.
337	337	SECTION 20. The heading to Subchapter B, Chapter 164,
338	338	Agriculture Code, is amended to read as follows:
339	339	SUBCHAPTER B. TREATMENT [DIPPING]
340	340	SECTION 21. Section 164.021, Agriculture Code, is amended
341	341	to read as follows:
342	342	Sec. 164.021. TREATMENT [DIPPING] REQUIRED ON ORDER OF
343	343	COMMISSION. (a) The commission by written order may direct a
344	344	person who owns, controls, or cares for cattle or sheep that are
345	345	scabies-infected or are exposed to scabies, to treat [dip] any or
346	346	all of those animals for the purpose of destroying, eradicating,
347	347	curing, or removing a scabies infection or a source of exposure to
348	348	scabies.
349	349	(b) An order of the commission under this section must be
350	350	signed by the commission or the presiding officer of the commission
351	351	and must contain the following:
352	352	(1) the date of issuance;
353	353	(2) the name of the person to whom the order is made;
354	354	(3) the approximate location of the premises on which
355	355	the animals are located;
356	356	(4) the county in which the premises are located;
357	357	(5) a statement in clear and intelligible language
358	358	that the sheep or cattle that the person owns, controls, or cares
359	359	for are infected with or exposed to scabies;
360	360	(6) an order directing the person to treat [dip] the
361	361	animals, under the supervision of an inspector and in the manner
362	362	prescribed by the commission[, in a dipping solution provided by
363	363	this chapter or in a designated solution approved for that purpose
364	364	by rule of the commission]; and
365	365	(7) a designation of the date, time, and place that the
366	366	treatment [dipping] is to occur.
367	367	(c) An order under this section must be delivered to the
368	368	person owning or controlling the cattle or sheep not later than the
369	369	14th day before the date and time for the treatment [dipping]
370	370	designated in the order.
371	371	SECTION 22. Sections 164.022(a), (d), and (e), Agriculture
372	372	Code, are amended to read as follows:
373	373	(a) Not later than the fifth day following the day on which a
374	374	person receives an order to treat [dip] cattle or sheep, the person
375	375	may file with the commission or the presiding officer of the
376	376	commission a written affidavit that:
377	377	(1) denies that the animals are subject to being
378	378	treated [dipped] under this chapter, or states that, for good and
379	379	sufficient reason set out in the affidavit, the person is entitled
380	380	to have the order rescinded or the treatment [dipping] postponed;
381	381	and
382	382	(2) requests that the commission withhold enforcement
383	383	of the order and grant a hearing on the matter or investigate the
384	384	matter as necessary to determine the correctness of the statement
385	385	contained in the affidavit.
386	386	(d) If the commission finds that the statement in the
387	387	affidavit is correct, the commission shall rescind the order or
388	388	postpone the treatment [dipping] until a time that the commission
389	389	considers proper. If the commission finds that the statement in the
390	390	affidavit is not correct, the commission shall enforce the order on
391	391	the date and at the time designated in the order.
392	392	(e) Following a hearing, the commission shall deliver its
393	393	written findings to the affiant not later than the fourth day before
394	394	the date and time that the order requires the animals to be treated
395	395	[dipped].
396	396	SECTION 23. Section 164.023, Agriculture Code, is amended
397	397	to read as follows:
398	398	Sec. 164.023. METHOD OF TREATMENT [DIPPING]. The
399	399	commission by rule shall prescribe the methods of treatment
400	400	available for the treatment of scabies [If the commission requires
401	401	the dipping of animals] under this chapter[, the animals shall be
402	402	submerged in a vat, sprayed, or treated in another sanitary manner
403	403	prescribed by the commission].
404	404	SECTION 24. Section 164.028, Agriculture Code, is amended
405	405	to read as follows:
406	406	Sec. 164.028. TREATMENT [DIPPING] AT EXPENSE OF COUNTY. If
407	407	a person ordered to treat [dip] cattle or sheep under this chapter
408	408	fails or refuses to treat [dip] the animals, the county
409	409	commissioners court shall:
410	410	(1) provide the necessary equipment and [vats, pens,
411	411	other] facilities for the treatment of the animals;
412	412	(2) [, and materials, shall] have the animals treated
413	413	[dipped] in accordance with this chapter;[,] and
414	414	(3) [shall] pay the expenses of the treatment
415	415	[dipping] by warrant drawn on the general funds of the county.
416	416	SECTION 25. Section 164.041(a), Agriculture Code, is
417	417	amended to read as follows:
418	418	(a) The [If the] commission may [determines or is informed
419	419	that scabies exists among cattle in another state, territory, or
420	420	country, the commission shall] establish a quarantine against all
421	421	or the portion of a [the] state, territory, or country in which the
422	422	commission determines scabies [the disease] exists. A [The]
423	423	quarantine established under this section is governed by Chapter
424	424	161 [of this code], except that only a scabies inspector recognized
425	425	by the commission for that purpose in the quarantine notice may
426	426	issue certificates or permits for the movement of cattle subject to
427	427	the quarantine. A person who violates the quarantine is subject to
428	428	the penalties provided by Chapter 161 [that chapter].
429	429	SECTION 26. Section 164.044(b), Agriculture Code, is
430	430	amended to read as follows:
431	431	(b) If the commission finds animals that have been moved in
432	432	violation of a quarantine established under this chapter, the
433	433	commission shall quarantine the animals until they have been
434	434	properly tested or treated [dipped] in accordance with the rules of
435	435	the commission.
436	436	SECTION 27. Section 164.062(a), Agriculture Code, is
437	437	amended to read as follows:
438	438	(a) A person may not import sheep into this state unless the
439	439	shipment is accompanied by a certificate certifying that:
440	440	(1) the sheep are free from scabies infection and
441	441	exposure; or
442	442	(2) the sheep have been treated by a method [dipped in
443	443	a solution] recognized by the Animal and Plant Health Inspection
444	444	Service, United States Department of Agriculture, for eradication
445	445	of sheep scabies and in a manner designed to have eradicated
446	446	infection or exposure within 10 days prior to the date of
447	447	importation.
448	448	SECTION 28. Section 164.063, Agriculture Code, is amended
449	449	to read as follows:
450	450	Sec. 164.063. QUARANTINE OF IMPORTED SHEEP. If the
451	451	certificate for a shipment of sheep shows that the sheep were
452	452	treated [dipped] at the point of origin in accordance with Section
453	453	164.062(a)(2) [of this code], the sheep shall be quarantined at the
454	454	range on which the sheep are placed in this state for a period of 180
455	455	days.
456	456	SECTION 29. Section 164.064, Agriculture Code, is amended
457	457	to read as follows:
458	458	Sec. 164.064. DESIGNATION OF INFECTED OR FREE AREAS;
459	459	TREATMENT [DIPPING] REQUIREMENTS. The commission may adopt rules
460	460	designating areas as infected or free from infection and shall
461	461	establish treatment [dipping] requirements for the importation of
462	462	sheep into this state.
463	463	SECTION 30. Section 164.065, Agriculture Code, is amended
464	464	to read as follows:
465	465	Sec. 164.065. EXHIBITIONS. The commission shall provide an
466	466	importer of show sheep a reasonable length of time, not to exceed 60
467	467	days after the date of importation, in which to display the sheep at
468	468	county fairs or livestock exhibitions. The importer shall keep the
469	469	sheep separate from all sheep other than show sheep and shall treat
470	470	[dip] the sheep as required by the commission [at least once] before
471	471	they are distributed to the range.
472	472	SECTION 31. The heading to Section 164.083, Agriculture
473	473	Code, is amended to read as follows:
474	474	Sec. 164.083. FAILURE TO TREAT [DIP] FOR SCABIES.
475	475	SECTION 32. Section 164.083(a), Agriculture Code, is
476	476	amended to read as follows:
477	477	(a) A person commits an offense if the person:
478	478	(1) owns, controls, or cares for cattle or sheep
479	479	infected with scabies or cattle or sheep that have been exposed to
480	480	scabies infection within six months prior to the date of an order to
481	481	treat [dip] under Section 164.021 [of this code]; and
482	482	(2) fails or refuses to treat [dip] the sheep or cattle
483	483	at the time and in the manner provided by the order of the
484	484	commission.
485	485	SECTION 33. Section 164.085(a), Agriculture Code, is
486	486	amended to read as follows:
487	487	(a) A person commits an offense if the person:
488	488	(1) refuses to permit an inspector to enter any
489	489	premises of which the person is the owner, tenant, or caretaker for
490	490	the purpose of inspecting, classifying, or treating [dipping]
491	491	animals infected or exposed to scabies; or
492	492	(2) refuses to gather animals in accordance with
493	493	Section 164.005(c) [of this code].
494	494	SECTION 34. Section 165.022, Agriculture Code, is amended
495	495	to read as follows:
496	496	Sec. 165.022. METHOD OF DISEASE ERADICATION. Following
497	497	notice and public hearing, the commission shall adopt rules for the
498	498	enforcement of this subchapter, including rules providing for the
499	499	manner, method, and system of eradicating swine diseases. The
500	500	commission may by a two-thirds vote adopt rules more stringent than
501	501	[may not exceed] the rules relating to minimum standards for
502	502	cooperative programs adopted by the Animal and Plant Health
503	503	Inspection Service of the United States Department of Agriculture.
504	504	SECTION 35. Section 28.03(i), Penal Code, is amended to
505	505	read as follows:
506	506	(i) Notwithstanding Subsection (b), an offense under this
507	507	section is a felony of the first degree if the property is livestock
508	508	and the damage is caused by introducing bovine spongiform
509	509	encephalopathy, commonly known as mad cow disease, or a disease
510	510	listed in rules adopted [described] by the Texas Animal Health
511	511	Commission under Section 161.041(a), Agriculture Code. In this
512	512	subsection, "livestock" has the meaning assigned by Section
513	513	161.001, Agriculture Code.
514	514	SECTION 36. Sections 161.035(c), 164.024, 164.025,
515	515	164.026, 164.027, 165.002, and 167.058, Agriculture Code, are
516	516	repealed.
517	517	SECTION 37. The changes in law made by this Act to Sections
518	518	161.041(c) and (d), 164.083(a), and 164.085(a), Agriculture Code,
519	519	and Section 28.03(i), Penal Code, apply only to an offense or
520	520	violation committed on or after the effective date of this Act. An
521	521	offense or violation committed before the effective date of this
522	522	Act is governed by the law in effect on the date the offense or
523	523	violation was committed, and the former law is continued in effect
524	524	for that purpose. For purposes of this section, an offense or
525	525	violation was committed before the effective date of this Act if any
526	526	element of the offense or violation occurred before that date.
527	527	SECTION 38. (a) Except as provided by Subsection (b) of
528	528	this section, Section 161.023, Agriculture Code, as amended by this
529	529	Act, applies to a member of the Texas Animal Health Commission who
530	530	is appointed before, on, or after the effective date of this Act.
531	531	(b) A member of the Texas Animal Health Commission who,
532	532	before the effective date of this Act, completed the training
533	533	program required by Section 161.023, Agriculture Code, as that law
534	534	existed before the effective date of this Act, is only required to
535	535	complete additional training on the subjects added by this Act to
536	536	the training program required by Section 161.023, Agriculture Code.
537	537	A commission member described by this subsection may not vote,
538	538	deliberate, or be counted as a member in attendance at a meeting of
539	539	the commission held on or after December 1, 2021, until the member
540	540	completes the additional training.
541	541	SECTION 39. Not later than March 1, 2022, the Texas Animal
542	542	Health Commission shall:
543	543	(1) adopt rules necessary to implement Sections
544	544	161.041, 161.101, 161.113, and 164.023, Agriculture Code, as
545	545	amended by this Act; and
546	546	(2) complete the initial analysis of violations
547	547	required by Section 161.0375, Agriculture Code, as added by this
548	548	Act.
549	549	SECTION 40. Not later than January 1, 2022, the Texas Animal
550	550	Health Commission and the Texas A&M Veterinary Medical Diagnostic
551	551	Laboratory shall adopt the memorandum of understanding required by
552	552	Section 161.0603, Agriculture Code, as added by this Act.
553	553	SECTION 41. This Act takes effect September 1, 2021.