Texas 2021 - 87th Regular

Texas House Bill HB3854 Compare Versions

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

Old	New	Differences
1	1	87R8770 MP-F
2	2	By: Rogers H.B. No. 3854
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to animal disease control by the Texas Animal Health
8	8	Commission; providing an administrative penalty.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 161.041(a), Agriculture Code, is amended
11	11	to read as follows:
12	12	(a) The commission shall protect all livestock, exotic
13	13	livestock, domestic fowl, and exotic fowl from the following:
14	14	(1) tuberculosis;
15	15	(2) anthrax;
16	16	(3) glanders;
17	17	(4) brucellosis [infectious abortion];
18	18	(5) hemorrhagic septicemia;
19	19	(6) classical swine fever [hog cholera];
20	20	(7) [Malta fever;
21	21	[(8)] foot-and-mouth disease;
22	22	(8) [(9)] rabies among animals other than canines;
23	23	(9) pullorum disease [(10) bacillary white diarrhea
24	24	among fowl];
25	25	(10) [(11)] equine infectious anemia; [and]
26	26	(11) fowl typhoid;
27	27	(12) scabies; and
28	28	(13) [(12)] other diseases recognized as communicable
29	29	by the veterinary profession.
30	30	SECTION 2. Section 161.0415(a), Agriculture Code, is
31	31	amended to read as follows:
32	32	(a) The commission by order may require the slaughter of
33	33	livestock, domestic fowl, or exotic fowl, under the direction of
34	34	the commission, or the sale of livestock, domestic fowl, or exotic
35	35	fowl for immediate slaughter at a public slaughtering establishment
36	36	maintaining federal or state inspection if the livestock, domestic
37	37	fowl, or exotic fowl is exposed to or infected with a disease other
38	38	than bluetongue or vesicular stomatitis that:
39	39	(1) is recognized by the United States Department of
40	40	Agriculture as:
41	41	(A) a foreign animal disease; or
42	42	(B) a reportable animal disease;
43	43	(2) is the subject of a cooperative eradication
44	44	program with the United States Department of Agriculture;
45	45	(3) is an animal disease reportable to the World
46	46	Organisation for Animal Health [named on "List A" of the Office
47	47	International Des Epizooties]; or
48	48	(4) is the subject of a state of emergency, as declared
49	49	by the governor.
50	50	SECTION 3. Section 161.061, Agriculture Code, is amended by
51	51	amending Subsection (a) and adding Subsection (d) to read as
52	52	follows:
53	53	(a) If the commission determines or is informed that a
54	54	disease listed in Section 161.041 [of this code] exists in another
55	55	state, territory, or country, the commission may [shall] establish
56	56	a quarantine against all or the portion of the state, territory, or
57	57	country in which the disease exists.
58	58	(d) The commission by rule may delegate its authority to
59	59	establish a quarantine under this section to the executive
60	60	director, who shall promptly notify the members of the commission
61	61	when a quarantine is established.
62	62	SECTION 4. Sections 161.101(a) and (b), Agriculture Code,
63	63	are amended to read as follows:
64	64	(a) A veterinarian, a veterinary diagnostic laboratory, or
65	65	a person having care, custody, or control of an animal shall report
66	66	the existence of the following diseases among livestock, exotic
67	67	livestock, bison, domestic fowl, or exotic fowl to the commission
68	68	within 24 hours after diagnosis of the disease:
69	69	(1) anthrax;
70	70	(2) avian chlamydiosis;
71	71	(3) avian infectious laryngotracheitis;
72	72	(4) [(3)] avian influenza;
73	73	[(4) avian tuberculosis;]
74	74	(5) bovine trichomoniasis;
75	75	(6) chronic wasting disease;
76	76	(7) duck virus enteritis;
77	77	(8) duck virus hepatitis;
78	78	(9) equine encephalomyelitis;
79	79	(10) equine herpesvirus-1 [herpes virus-1];
80	80	(11) equine infectious anemia;
81	81	(12) equine viral arteritis;
82	82	(13) infectious encephalomyelitis in poultry or other
83	83	fowl;
84	84	(14) [ornithosis;
85	85	[(15)] paramyxovirus infection in poultry or other
86	86	fowl; [or]
87	87	(15) [(16)] scabies in sheep or cattle;
88	88	(16) Schmallenberg virus; or
89	89	(17) tuberculosis.
90	90	(b) In addition to reporting required by Subsection (a), the
91	91	commission may adopt rules that require a veterinarian, a
92	92	veterinary diagnostic laboratory, or a person having care, custody,
93	93	or control of an animal to report the existence of a disease other
94	94	than bluetongue in an animal to the commission within 24 hours after
95	95	diagnosis if the disease:
96	96	(1) is recognized by the United States Department of
97	97	Agriculture as:
98	98	(A) a foreign animal disease; or
99	99	(B) a reportable animal disease;
100	100	(2) is the subject of a cooperative eradication
101	101	program with the United States Department of Agriculture;
102	102	(3) is an animal [a] disease reportable to the World
103	103	Organisation for Animal Health [Office International Des
104	104	Epizooties]; or
105	105	(4) is the subject of a state of emergency, as declared
106	106	by the governor.
107	107	SECTION 5. Sections 161.148(a) and (d), Agriculture Code,
108	108	are amended to read as follows:
109	109	(a) The commission may impose an administrative penalty on
110	110	[against] a person who violates this subtitle or a rule or order
111	111	adopted under this subtitle.
112	112	(d) If the [An] executive director [who] determines that a
113	113	violation has occurred, the director may issue to the commission a
114	114	report that states the facts on which the determination is based and
115	115	the director's recommendation on the imposition of a penalty,
116	116	including a recommendation on the amount of the penalty.
117	117	SECTION 6. This Act takes effect September 1, 2021.