Texas 2021 87th Regular

Texas House Bill HB4181 Analysis / Analysis

Filed 04/19/2021

                    BILL ANALYSIS             H.B. 4181     By: Guillen     Agriculture & Livestock     Committee Report (Unamended)             BACKGROUND AND PURPOSE    Each year, the Texas Board of Veterinary Medical Examiners receives a large number of complaints about individuals who are practicing veterinary medicine without a license. Sometimes these individuals fraudulently pass themselves off to unsuspecting members of the public as veterinarians or claim to be affiliated with legitimate veterinary practices. There is an obvious danger to the public from unrecognized zoonotic and foreign animal diseases when untrained persons engage in vaccinating, treating, and performing surgeries on animals. These individuals often go unpunished and undeterred because law enforcement officers do not have the time and resources to pursue cases that are only Class A misdemeanors. H.B. 4181 seeks to address this issue by increasing the penalty for certain violations of the Veterinary Licensing Act from a Class A misdemeanor to a state jail felony.       CRIMINAL JUSTICE IMPACT   It is the committee's opinion that this bill expressly does one or more of the following: creates a criminal offense, increases the punishment for an existing criminal offense or category of offenses, or changes the eligibility of a person for community supervision, parole, or mandatory supervision.       RULEMAKING AUTHORITY    It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.       ANALYSIS    H.B. 4181 amends the Occupations Code to increase the penalty for a violation of the Veterinary Licensing Act from a Class A misdemeanor to a state jail felony if it is shown on the trial of the offense that the actor did the following:          violated the prohibition against a person practicing, or offering or attempting to practice, veterinary medicine without holding a license to practice veterinary medicine; and          during the commission of the offense falsely represented to another that the actor was a veterinarian or was affiliated with a veterinarian's practice.       EFFECTIVE DATE    September 1, 2021.          

BILL ANALYSIS

# BILL ANALYSIS

 

 

 

H.B. 4181
By: Guillen
Agriculture & Livestock
Committee Report (Unamended)

H.B. 4181

By: Guillen

Agriculture & Livestock

Committee Report (Unamended)

 

 

 

BACKGROUND AND PURPOSE    Each year, the Texas Board of Veterinary Medical Examiners receives a large number of complaints about individuals who are practicing veterinary medicine without a license. Sometimes these individuals fraudulently pass themselves off to unsuspecting members of the public as veterinarians or claim to be affiliated with legitimate veterinary practices. There is an obvious danger to the public from unrecognized zoonotic and foreign animal diseases when untrained persons engage in vaccinating, treating, and performing surgeries on animals. These individuals often go unpunished and undeterred because law enforcement officers do not have the time and resources to pursue cases that are only Class A misdemeanors. H.B. 4181 seeks to address this issue by increasing the penalty for certain violations of the Veterinary Licensing Act from a Class A misdemeanor to a state jail felony.
CRIMINAL JUSTICE IMPACT   It is the committee's opinion that this bill expressly does one or more of the following: creates a criminal offense, increases the punishment for an existing criminal offense or category of offenses, or changes the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY    It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS    H.B. 4181 amends the Occupations Code to increase the penalty for a violation of the Veterinary Licensing Act from a Class A misdemeanor to a state jail felony if it is shown on the trial of the offense that the actor did the following:          violated the prohibition against a person practicing, or offering or attempting to practice, veterinary medicine without holding a license to practice veterinary medicine; and          during the commission of the offense falsely represented to another that the actor was a veterinarian or was affiliated with a veterinarian's practice.
EFFECTIVE DATE    September 1, 2021.

BACKGROUND AND PURPOSE 

 

Each year, the Texas Board of Veterinary Medical Examiners receives a large number of complaints about individuals who are practicing veterinary medicine without a license. Sometimes these individuals fraudulently pass themselves off to unsuspecting members of the public as veterinarians or claim to be affiliated with legitimate veterinary practices. There is an obvious danger to the public from unrecognized zoonotic and foreign animal diseases when untrained persons engage in vaccinating, treating, and performing surgeries on animals. These individuals often go unpunished and undeterred because law enforcement officers do not have the time and resources to pursue cases that are only Class A misdemeanors. H.B. 4181 seeks to address this issue by increasing the penalty for certain violations of the Veterinary Licensing Act from a Class A misdemeanor to a state jail felony.

 

CRIMINAL JUSTICE IMPACT

 

It is the committee's opinion that this bill expressly does one or more of the following: creates a criminal offense, increases the punishment for an existing criminal offense or category of offenses, or changes the eligibility of a person for community supervision, parole, or mandatory supervision.

 

RULEMAKING AUTHORITY 

 

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

 

ANALYSIS 

 

H.B. 4181 amends the Occupations Code to increase the penalty for a violation of the Veterinary Licensing Act from a Class A misdemeanor to a state jail felony if it is shown on the trial of the offense that the actor did the following:

         violated the prohibition against a person practicing, or offering or attempting to practice, veterinary medicine without holding a license to practice veterinary medicine; and

         during the commission of the offense falsely represented to another that the actor was a veterinarian or was affiliated with a veterinarian's practice.

 

EFFECTIVE DATE 

 

September 1, 2021.