| 1 | | - | H.B. No. 1958 |
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| 1 | + | By: González of El Paso, et al. H.B. No. 1958 |
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| 2 | + | (Senate Sponsor - Springer) |
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| 3 | + | (In the Senate - Received from the House April 19, 2021; |
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| 4 | + | May 4, 2021, read first time and referred to Committee on Water, |
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| 5 | + | Agriculture & Rural Affairs; May 13, 2021, reported favorably by |
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| 6 | + | the following vote: Yeas 8, Nays 0; May 13, 2021, sent to printer.) |
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| 7 | + | Click here to see the committee vote |
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| 4 | 11 | | AN ACT |
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| 5 | 12 | | relating to the regulation of livestock export-import processing |
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| 6 | 13 | | facilities; creating a criminal offense. |
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| 7 | 14 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 15 | | SECTION 1. Subchapter C, Chapter 161, Agriculture Code, is |
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| 9 | 16 | | amended by adding Section 161.0445 to read as follows: |
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| 10 | 17 | | Sec. 161.0445. REGULATION OF EXPORT-IMPORT PROCESSING |
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| 11 | 18 | | FACILITIES. (a) In this section, "export-import facility" means a |
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| 12 | 19 | | public or private livestock export-import processing facility that |
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| 13 | 20 | | is a land border port in this state with the capacity to receive and |
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| 14 | 21 | | hold livestock and livestock products for transportation in |
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| 15 | 22 | | international trade. The term includes a department facility |
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| 16 | 23 | | authorized by Subchapter B, Chapter 146. |
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| 17 | 24 | | (b) The owner or person in charge of an export-import |
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| 18 | 25 | | facility shall notify the commission not later than 24 hours after |
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| 19 | 26 | | an animal received or held at the facility is refused export out of |
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| 20 | 27 | | this state or entry into another country. |
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| 21 | 28 | | (c) The commission may require that an animal held at an |
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| 22 | 29 | | export-import facility be tested or treated for a disease or pest if |
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| 23 | 30 | | an authorized commission employee considers the test or treatment |
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| 24 | 31 | | necessary. The commission may require the testing or treatment be |
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| 25 | 32 | | performed before the animal is removed from the export-import |
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| 26 | 33 | | facility. This state is not liable for the amount of any fee |
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| 27 | 34 | | charged for the testing or treatment. |
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| 28 | 35 | | (d) The commission may, for disease or pest control |
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| 29 | 36 | | purposes, adopt rules necessary to implement, administer, and |
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| 30 | 37 | | enforce this section. The rules may include reporting and |
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| 31 | 38 | | recordkeeping requirements and provisions governing the movement, |
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| 32 | 39 | | inspection, testing, or treatment of animals. |
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| 33 | 40 | | (e) A person commits an offense if the person knowingly |
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| 34 | 41 | | moves an animal in violation of a rule adopted under this section. |
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| 35 | 42 | | (f) An offense under this section is a Class C misdemeanor, |
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| 36 | 43 | | except that the offense is a Class B misdemeanor if it is shown on |
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| 37 | 44 | | the trial of the offense that the defendant has been previously |
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| 38 | 45 | | convicted under this section. |
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| 39 | 46 | | SECTION 2. Section 161.0445(b), Agriculture Code, as added |
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| 40 | 47 | | by this Act, applies to an owner or person in charge of an |
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| 41 | 48 | | export-import facility beginning on the 30th day after the |
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| 42 | 49 | | effective date of this Act or on a later date provided by an order |
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| 43 | 50 | | issued by the executive director of the Texas Animal Health |
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| 44 | 51 | | Commission. |
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| 45 | 52 | | SECTION 3. This Act takes effect immediately if it receives |
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| 46 | 53 | | a vote of two-thirds of all the members elected to each house, as |
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| 47 | 54 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 48 | 55 | | Act does not receive the vote necessary for immediate effect, this |
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| 49 | 56 | | Act takes effect September 1, 2021. |
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| 50 | | - | ______________________________ ______________________________ |
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| 51 | | - | President of the Senate Speaker of the House |
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| 52 | | - | I certify that H.B. No. 1958 was passed by the House on April |
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| 53 | | - | 16, 2021, by the following vote: Yeas 143, Nays 2, 2 present, not |
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| 54 | | - | voting. |
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| 55 | | - | ______________________________ |
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| 56 | | - | Chief Clerk of the House |
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| 57 | | - | I certify that H.B. No. 1958 was passed by the Senate on May |
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| 58 | | - | 19, 2021, by the following vote: Yeas 31, Nays 0. |
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| 59 | | - | ______________________________ |
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| 60 | | - | Secretary of the Senate |
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| 61 | | - | APPROVED: _____________________ |
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| 62 | | - | Date |
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| 63 | | - | _____________________ |
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| 64 | | - | Governor |
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| 57 | + | * * * * * |
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