BILL ANALYSIS Senate Research Center S.B. 1998 87R7586 MP-F By: Springer Water, Agriculture & Rural Affairs 4/15/2021 As Filed AUTHOR'S / SPONSOR'S STATEMENT OF INTENT The current administrative penalty for the Texas Animal Health Commission under Chapter 161.148 is $1,000. A penalty amount of $5,000 is commonly used by other state agencies and is included in the Texas Legislative Council drafting manual. Currently, TAHC does not have the authority to assess penalties on a per head basis with large trailer loads of animals entering the state, and so the penalty is assessed on a per trailer basis. A $1,000 penalty is not an adequate deterrent for repeat offenders. S.B. 1998 would increase TAHC's administrative penalties from $1,000 to $5,000. As proposed, S.B. 1998 amends current law relating to administrative penalties imposed by the Texas Animal Health Commission. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Sections 161.148(a) and (b), Agriculture Code, as follows: (a) Makes nonsubstantive changes. (b) Authorizes the penalty for a violation of Subtitle C (Control of Animal Diseases and Pests) or a rule or order adopted by the Texas Animal Health Commission under Subtitle C to be in an amount not to exceed $5,000, rather than $1,000. SECTION 2. Makes application of this Act prospective. SECTION 3. Effective date: September 1, 2021.
BILL ANALYSIS
Senate Research Center S.B. 1998
87R7586 MP-F By: Springer
Water, Agriculture & Rural Affairs
4/15/2021
As Filed
Senate Research Center
S.B. 1998
87R7586 MP-F
By: Springer
Water, Agriculture & Rural Affairs
4/15/2021
As Filed
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
The current administrative penalty for the Texas Animal Health Commission under Chapter 161.148 is $1,000. A penalty amount of $5,000 is commonly used by other state agencies and is included in the Texas Legislative Council drafting manual. Currently, TAHC does not have the authority to assess penalties on a per head basis with large trailer loads of animals entering the state, and so the penalty is assessed on a per trailer basis. A $1,000 penalty is not an adequate deterrent for repeat offenders.
S.B. 1998 would increase TAHC's administrative penalties from $1,000 to $5,000.
As proposed, S.B. 1998 amends current law relating to administrative penalties imposed by the Texas Animal Health Commission.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Sections 161.148(a) and (b), Agriculture Code, as follows:
(a) Makes nonsubstantive changes.
(b) Authorizes the penalty for a violation of Subtitle C (Control of Animal Diseases and Pests) or a rule or order adopted by the Texas Animal Health Commission under Subtitle C to be in an amount not to exceed $5,000, rather than $1,000.
SECTION 2. Makes application of this Act prospective.
SECTION 3. Effective date: September 1, 2021.