Texas 2021 - 87th Regular

Texas Senate Bill SB705 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 705
	1	+	87R17183 MP-D
	2	+	By: Lucio, et al. S.B. No. 705
	3	+	(Cyrier)
	4	+	Substitute the following for S.B. No. 705: No.
2	5
3	6
	7	+	A BILL TO BE ENTITLED
4	8		AN ACT
5	9		relating to the continuation and functions of the Texas Animal
6	10		Health Commission.
7	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	12		SECTION 1. Section 161.004(a), Agriculture Code, is amended
9	13		to read as follows:
10	14		(a) A person who is the owner or caretaker of livestock,
11	15		exotic livestock, domestic fowl, or exotic fowl that die from a
12	16		disease listed by the commission in rules adopted under [in]
13	17		Section 161.041, or who owns or controls the land on which the
14	18		livestock, exotic livestock, domestic fowl, or exotic fowl die or
15	19		on which the carcasses are found, shall dispose of the carcasses in
16	20		the manner required by the commission under this section.
17	21		SECTION 2. Section 161.023, Agriculture Code, is amended by
18	22		amending Subsections (a) and (b) and adding Subsection (d) to read
19	23		as follows:
20	24		(a) A person who is appointed to and qualifies for office as
21	25		a member of the commission may not vote, deliberate, or be counted
22	26		as a member in attendance at a meeting of the commission until the
23	27		person completes a training program that complies with this section
24	28		[Before a member of the commission may assume the member's duties
25	29		and before the member may be confirmed by the senate, the member
26	30		must complete at least one course of the training program
27	31		established under this section].
28	32		(b) The [A] training program must [established under this
29	33		section shall] provide the person with information [to the member]
30	34		regarding:
31	35		(1) the law governing [enabling legislation that
32	36		created the] commission operations;
33	37		(2) the programs, functions, rules, and budget of
34	38		[operated by] the commission;
35	39		(3) the scope of and limitations on the rulemaking
36	40		authority [role and functions] of the commission;
37	41		(4) [the rules of the commission with an emphasis on
38	42		the rules that relate to disciplinary and investigatory authority;
39	43		[(5) the current budget for the commission;
40	44		[(6)] the results of the most recent formal audit of the
41	45		commission;
42	46		(5) [(7)] the requirements of [the]:
43	47		(A) laws relating to open meetings, public
44	48		information, administrative procedure, and disclosing conflicts of
45	49		interest [law, Chapter 551, Government Code]; and
46	50		(B) other laws applicable to members of a state
47	51		policy-making body in performing their duties [open records law,
48	52		Chapter 552, Government Code]; and
49	53		[(C) administrative procedure law, Chapter 2001,
50	54		Government Code;
51	55		[(8) the requirements of the conflict of interest laws
52	56		and other laws relating to public officials; and]
53	57		(6) [(9)] any applicable ethics policies adopted by
54	58		the commission or the Texas Ethics Commission.
55	59		(d) The executive director of the commission shall create a
56	60		training manual that includes the information required by
57	61		Subsection (b). The executive director shall distribute a copy of
58	62		the training manual annually to each member of the commission. Each
59	63		member of the commission shall sign and submit to the executive
60	64		director a statement acknowledging that the member received and has
61	65		reviewed the training manual.
62	66		SECTION 3. Section 161.027, Agriculture Code, is amended to
63	67		read as follows:
64	68		Sec. 161.027. SUNSET PROVISION. The Texas Animal Health
65	69		Commission is subject to Chapter 325, Government Code (Texas Sunset
66	70		Act). Unless continued in existence as provided by that chapter,
67	71		the commission is abolished September 1, 2033 [2021].
68	72		SECTION 4. Section 161.029(a), Agriculture Code, is amended
69	73		to read as follows:
70	74		(a) It is a ground for removal from the commission if a
71	75		member:
72	76		(1) does not have at the time of taking office
73	77		[appointment] the qualifications required by Section 161.021;
74	78		(2) does not maintain during service on the commission
75	79		the qualifications required by Section 161.021;
76	80		(3) is ineligible for membership under Section
77	81		161.021(d) or 161.028;
78	82		(4) cannot, because of illness or disability,
79	83		discharge the member's duties for a substantial part of the member's
80	84		term [for which the member is appointed because of illness or
81	85		disability]; or
82	86		(5) is absent from more than half of the regularly
83	87		scheduled commission meetings that the member is eligible to attend
84	88		during a calendar year without an excuse approved [unless that
85	89		absence is excused] by a majority vote of the commission.
86	90		SECTION 5. Section 161.033(c), Agriculture Code, is amended
87	91		to read as follows:
88	92		(c) The commission shall periodically notify the complaint
89	93		parties [to a complaint] of the status of the complaint until [its]
90	94		final disposition unless the notice would jeopardize an
91	95		investigation.
92	96		SECTION 6. Sections 161.035(a) and (b), Agriculture Code,
93	97		are amended to read as follows:
94	98		(a) The commission by rule may establish advisory
95	99		committees [as it considers necessary] to make recommendations to
96	100		the commission on programs, [assist it in developing proposed]
97	101		rules, and policies administered by the commission [for the
98	102		regulation of exotic livestock and exotic fowl].
99	103		(b) In establishing [A member of] an advisory committee
100	104		[established] under this section, the commission shall adopt rules,
101	105		including rules regarding:
102	106		(1) the purpose, role, responsibility, goals, and
103	107		duration of the committee;
104	108		(2) the size of and quorum requirement for the
105	109		committee;
106	110		(3) qualifications for committee membership;
107	111		(4) appointment procedures for members;
108	112		(5) terms of service for members;
109	113		(6) training requirements for members;
110	114		(7) policies to avoid conflicts of interest by
111	115		members;
112	116		(8) a periodic review process to evaluate the
113	117		continuing need for the committee; and
114	118		(9) policies to ensure the committee does not violate
115	119		any provision of Chapter 551, Government Code, applicable to the
116	120		commission or the committee [serves at the pleasure of the
117	121		commission].
118	122		SECTION 7. Subchapter B, Chapter 161, Agriculture Code, is
119	123		amended by adding Section 161.0375 to read as follows:
120	124		Sec. 161.0375. PERIODIC REVIEW OF COMPLIANCE INFORMATION.
121	125		(a) The commission shall analyze, on a statewide and regional
122	126		basis, violations of this subtitle. The commission shall consider:
123	127		(1) violation types and disposition;
124	128		(2) persons who are repeat offenders; and
125	129		(3) persons who commit the most serious offenses.
126	130		(b) The commission shall use the analysis under Subsection
127	131		(a) to compare enforcement practices across each region and
128	132		determine:
129	133		(1) training needs;
130	134		(2) gaps in enforcement authority; and
131	135		(3) effective enforcement activities.
132	136		(c) The commission shall conduct the analysis under
133	137		Subsection (a) on a periodic basis to ensure that the information
134	138		reflects current enforcement practices.
135	139		(d) The commission shall timely enter and share compliance
136	140		and enforcement information on a statewide and regional basis.
137	141		SECTION 8. Sections 161.041(a), (c), and (d), Agriculture
138	142		Code, are amended to read as follows:
139	143		(a) The commission shall protect all livestock, exotic
140	144		livestock, domestic fowl, and exotic fowl from diseases the
141	145		commission determines require control or eradication. The
142	146		commission shall adopt and periodically update rules listing the
143	147		diseases that require control or eradication by the commission.
144	148		Section 2001.0045, Government Code, does not apply to rules adopted
145	149		under this subsection [the following:
146	150		[(1) tuberculosis;
147	151		[(2) anthrax;
148	152		[(3) glanders;
149	153		[(4) infectious abortion;
150	154		[(5) hemorrhagic septicemia;
151	155		[(6) hog cholera;
152	156		[(7) Malta fever;
153	157		[(8) foot-and-mouth disease;
154	158		[(9) rabies among animals other than canines;
155	159		[(10) bacillary white diarrhea among fowl;
156	160		[(11) equine infectious anemia; and
157	161		[(12) other diseases recognized as communicable by the
158	162		veterinary profession].
159	163		(c) A person commits an offense if the person knowingly
160	164		fails to handle, in accordance with rules adopted by the
161	165		commission, livestock, exotic livestock, domestic fowl, or exotic
162	166		fowl:
163	167		(1) infected with a disease listed by the commission
164	168		by rule under [in] Subsection (a);
165	169		(2) exposed, as defined by commission rule, to a
166	170		disease listed by the commission by rule under [in] Subsection (a)
167	171		if the commission has notified the person that the animal was
168	172		exposed to the disease; or
169	173		(3) subject to a testing requirement due to a risk of
170	174		exposure, as defined by commission rule, to a specific disease if
171	175		the commission has notified the person of the testing requirement.
172	176		(d) A person commits an offense if the person knowingly
173	177		fails to identify or refuses to permit an agent of the commission to
174	178		identify, in accordance with rules adopted by the commission,
175	179		livestock, exotic livestock, domestic fowl, or exotic fowl infected
176	180		with a disease listed by the commission by rule under [in]
177	181		Subsection (a).
178	182		SECTION 9. Section 161.0415(a), Agriculture Code, is
179	183		amended to read as follows:
180	184		(a) The commission by order may require the slaughter of
181	185		livestock, domestic fowl, or exotic fowl, under the direction of
182	186		the commission, or the sale of livestock, domestic fowl, or exotic
183	187		fowl for immediate slaughter at a public slaughtering establishment
184	188		maintaining federal or state inspection if the livestock, domestic
185	189		fowl, or exotic fowl is exposed to or infected with a disease other
186	190		than bluetongue or vesicular stomatitis that:
187	191		(1) is recognized by the United States Department of
188	192		Agriculture as:
189	193		(A) a foreign animal disease; or
190	194		(B) a reportable animal disease;
191	195		(2) is the subject of a cooperative eradication
192	196		program with the United States Department of Agriculture;
193	197		(3) is an animal disease reportable to the World
194	198		Organisation for Animal Health [named on "List A" of the Office
195	199		International Des Epizooties]; or
196	200		(4) is the subject of a state of emergency, as declared
197	201		by the governor.
198	202		SECTION 10. Subchapter C, Chapter 161, Agriculture Code, is
199	203		amended by adding Section 161.0603 to read as follows:
200	204		Sec. 161.0603. LABORATORY TESTING. (a) The Texas A&M
201	205		Veterinary Medical Diagnostic Laboratory is the state's regulatory
202	206		animal health laboratory.
203	207		(b) This section does not prevent the commission from:
204	208		(1) using a laboratory other than the Texas A&M
205	209		Veterinary Medical Diagnostic Laboratory for a test as needed; or
206	210		(2) collecting specimens and performing field tests to
207	211		diagnose animal diseases.
208	212		(c) The commission and the Texas A&M Veterinary Medical
209	213		Diagnostic Laboratory shall enter into a memorandum of
210	214		understanding to:
211	215		(1) establish the laboratory services to be performed
212	216		by the Texas A&M Veterinary Medical Diagnostic Laboratory;
213	217		(2) provide reporting requirements for the Texas A&M
214	218		Veterinary Medical Diagnostic Laboratory on all test requests
215	219		received from the commission; and
216	220		(3) set fees associated with laboratory services
217	221		performed for the commission in amounts sufficient to recover the
218	222		costs of those services.
219	223		(d) The commission and the Texas A&M Veterinary Medical
220	224		Diagnostic Laboratory shall annually review the memorandum of
221	225		understanding under Subsection (c).
222	226		SECTION 11. Section 161.061, Agriculture Code, is amended
223	227		to read as follows:
224	228		Sec. 161.061. ESTABLISHMENT. (a) The [If the] commission
225	229		may [determines or is informed that a disease listed in Section
226	230		161.041 of this code exists in another state, territory, or
227	231		country, the commission shall] establish a quarantine against all
228	232		or the portion of a [the] state, territory, or country in which a
229	233		[the] disease listed in rules adopted under Section 161.041 exists.
230	234		(b) A [If the commission determines that a disease listed in
231	235		Section 161.041 of this code or an agency of transmission of one of
232	236		those diseases exists in a place in this state or among livestock,
233	237		exotic livestock, domestic animals, domestic fowl, or exotic fowl,
234	238		or that a place in this state or livestock, exotic livestock,
235	239		domestic animals, domestic fowl, or exotic fowl are exposed to one
236	240		of those diseases or an agency of transmission of one of those
237	241		diseases, the commission shall establish a quarantine on the
238	242		affected animals or on the affected place. The] quarantine
239	243		established under Subsection (a) [of an affected place] may extend
240	244		to any affected area, including a county, district, pasture, lot,
241	245		ranch, farm, field, range, thoroughfare, building, stable, or
242	246		stockyard pen.
243	247		(c) The commission may establish a quarantine to prohibit or
244	248		regulate the movement of:
245	249		(1) any article or animal that the commission
246	250		designates to be a carrier of a disease listed in rules adopted
247	251		under [in] Section 161.041 [of this code] or a potential carrier of
248	252		one of those diseases, if movement is not otherwise regulated or
249	253		prohibited; and
250	254		(2) an animal into an affected area, including a
251	255		county district, pasture, lot, ranch, farm, field, range,
252	256		thoroughfare, building, stable, or stockyard pen.
253	257		(d) The commission by rule may delegate its authority to
254	258		establish a quarantine under this section to the executive
255	259		director, who shall promptly notify the members of the commission
256	260		when a quarantine is established.
257	261		SECTION 12. Section 161.065(c), Agriculture Code, is
258	262		amended to read as follows:
259	263		(c) If the commission finds animals that have been moved in
260	264		violation of a quarantine established under this chapter or in
261	265		violation of any other livestock sanitary law, the commission shall
262	266		quarantine the animals until they have been properly treated,
263	267		vaccinated, tested, [dipped,] or disposed of in accordance with the
264	268		rules of the commission.
265	269		SECTION 13. Sections 161.101(a), (b), and (c), Agriculture
266	270		Code, are amended to read as follows:
267	271		(a) A veterinarian, a veterinary diagnostic laboratory, or
268	272		a person having care, custody, or control of an animal shall report
269	273		to the commission the existence of [the following] diseases listed
270	274		in rules adopted by the commission among livestock, exotic
271	275		livestock, bison, domestic fowl, or exotic fowl [to the commission]
272	276		within 24 hours after diagnosis of the disease. The commission
273	277		shall adopt and periodically update rules listing the diseases that
274	278		the commission determines require reporting under this section.
275	279		Section 2001.0045, Government Code, does not apply to rules adopted
276	280		under this subsection[:
277	281		[(1) anthrax;
278	282		[(2) avian infectious laryngotracheitis;
279	283		[(3) avian influenza;
280	284		[(4) avian tuberculosis;
281	285		[(5) bovine trichomoniasis;
282	286		[(6) chronic wasting disease;
283	287		[(7) duck virus enteritis;
284	288		[(8) duck virus hepatitis;
285	289		[(9) equine encephalomyelitis;
286	290		[(10) equine herpes virus-1;
287	291		[(11) equine infectious anemia;
288	292		[(12) equine viral arteritis;
289	293		[(13) infectious encephalomyelitis in poultry or
290	294		other fowl;
291	295		[(14) ornithosis;
292	296		[(15) paramyxovirus infection in poultry or other
293	297		fowl; or
294	298		[(16) scabies in sheep or cattle].
295	299		(b) In addition to reporting required by Subsection (a), the
296	300		commission may adopt rules that require a veterinarian, a
297	301		veterinary diagnostic laboratory, or a person having care, custody,
298	302		or control of an animal to report the existence of a disease other
299	303		than bluetongue in an animal to the commission within 24 hours after
300	304		diagnosis if the disease:
301	305		(1) is recognized by the United States Department of
302	306		Agriculture as:
303	307		(A) a foreign animal disease; or
304	308		(B) a reportable animal disease;
305	309		(2) is the subject of a cooperative eradication
306	310		program with the United States Department of Agriculture;
307	311		(3) is an animal [a] disease reportable to the World
308	312		Organisation for Animal Health [Office International Des
309	313		Epizooties]; or
310	314		(4) is the subject of a state of emergency, as declared
311	315		by the governor.
312	316		(c) The commission may adopt rules that require a
313	317		veterinarian, a veterinary diagnostic laboratory, or a person
314	318		having care, custody, or control of an animal to report a disease
315	319		not covered by Subsection (a) or (b) if the commission determines
316	320		that action to be necessary for the protection of animal health in
317	321		this state. The commission shall immediately deliver a copy of a
318	322		rule adopted under this subsection to the appropriate legislative
319	323		oversight committees. [A rule adopted by the commission under this
320	324		subsection expires on the first day after the last day of the first
321	325		regular legislative session that begins after adoption of the rule
322	326		unless the rule is continued in effect by act of the legislature.]
323	327		SECTION 14. Section 161.112(a), Agriculture Code, is
324	328		amended to read as follows:
325	329		(a) Following notice and public hearing, the commission
326	330		shall adopt rules relating to the movement of livestock, exotic
327	331		livestock, and exotic fowl from livestock markets and shall require
328	332		tests, immunization, or treatment [and dipping of those livestock]
329	333		as necessary to protect against the spread of communicable
330	334		diseases.
331	335		SECTION 15. Section 161.113, Agriculture Code, is amended
332	336		to read as follows:
333	337		Sec. 161.113. TESTING, [OR] TREATMENT, OR VACCINATION OF
334	338		LIVESTOCK. (a) The [If the] commission shall adopt rules for
335	339		[requires] testing, treatment, or vaccination under this
336	340		subchapter[, the testing or vaccination must be performed by an
337	341		accredited veterinarian or qualified person authorized by the
338	342		commission]. The state may not be required to pay the cost of fees
339	343		charged for the testing, treatment, or vaccination.
340	344		(b) If the commission requires the dipping of livestock
341	345		under this subchapter, the livestock shall be [submerged in a vat,
342	346		sprayed, or] treated in a [another sanitary] manner prescribed by
343	347		rule of the commission.
344	348		(c) The commission may require the owner or operator of a
345	349		livestock market to furnish adequate equipment or facilities
346	350		[chutes or holding pens or to furnish] or have access to [other]
347	351		essential equipment or [testing and dipping] facilities within the
348	352		immediate vicinity of the livestock market.
349	353		SECTION 16. Section 161.134, Agriculture Code, is amended
350	354		to read as follows:
351	355		Sec. 161.134. PROOF OF TREATMENT OR VACCINATION. In the
352	356		trial of any case involving the compliance of an owner or caretaker
353	357		with a provision of this chapter requiring the treatment or[,]
354	358		vaccination[, dipping, or disinfecting] of livestock, a person may
355	359		not attempt to prove that the action was taken by a person other
356	360		than an authorized representative of the commission.
357	361		SECTION 17. Section 162.004(c), Agriculture Code, is
358	362		amended to read as follows:
359	363		(c) A certificate under this section must be:
360	364		(1) in a form prescribed by the commission; and
361	365		(2) [must be] sent to the commission within the time
362	366		prescribed by the commission by rule [48 hours after completion of
363	367		the test or vaccination].
364	368		SECTION 18. Section 164.002(c), Agriculture Code, is
365	369		amended to read as follows:
366	370		(c) Cattle or sheep are not exposed to scabies under
367	371		Subsection (b) of this section if the place or plant has been
368	372		disinfected since the infected cattle or sheep were removed. This
369	373		subsection does not exempt the cattle or sheep from treatment
370	374		[dipping] required by this chapter.
371	375		SECTION 19. Section 164.004, Agriculture Code, is amended
372	376		to read as follows:
373	377		Sec. 164.004. DUTIES OF INSPECTORS. (a) All treatments
374	378		[dippings], inspections, and certifications for scabies
375	379		eradication and the disinfection of all equipment or facilities
376	380		[cars, sheds, boats, chutes, alleys, platforms, pens, or yards]
377	381		required by this chapter shall be performed by or under the
378	382		supervision of an inspector.
379	383		(b) Local inspectors shall perform all duties necessary for
380	384		[to] the treatment, inspection, [dipping,] and certification of
381	385		livestock under this chapter.
382	386		SECTION 20. Section 164.005(a), Agriculture Code, is
383	387		amended to read as follows:
384	388		(a) An inspector is entitled to enter any public or private
385	389		place where cattle or sheep are kept or ranged for the purpose of:
386	390		(1) ascertaining the presence of scabies infection;
387	391		(2) ascertaining any exposure to scabies; or
388	392		(3) inspecting, classifying, or treating [dipping]
389	393		cattle or sheep for scabies infection or exposure.
390	394		SECTION 21. The heading to Subchapter B, Chapter 164,
391	395		Agriculture Code, is amended to read as follows:
392	396		SUBCHAPTER B. TREATMENT [DIPPING]
393	397		SECTION 22. Section 164.021, Agriculture Code, is amended
394	398		to read as follows:
395	399		Sec. 164.021. TREATMENT [DIPPING] REQUIRED ON ORDER OF
396	400		COMMISSION. (a) The commission by written order may direct a
397	401		person who owns, controls, or cares for cattle or sheep that are
398	402		scabies-infected or are exposed to scabies, to treat [dip] any or
399	403		all of those animals for the purpose of destroying, eradicating,
400	404		curing, or removing a scabies infection or a source of exposure to
401	405		scabies.
402	406		(b) An order of the commission under this section must be
403	407		signed by the commission or the presiding officer of the commission
404	408		and must contain the following:
405	409		(1) the date of issuance;
406	410		(2) the name of the person to whom the order is made;
407	411		(3) the approximate location of the premises on which
408	412		the animals are located;
409	413		(4) the county in which the premises are located;
410	414		(5) a statement in clear and intelligible language
411	415		that the sheep or cattle that the person owns, controls, or cares
412	416		for are infected with or exposed to scabies;
413	417		(6) an order directing the person to treat [dip] the
414	418		animals, under the supervision of an inspector and in the manner
415	419		prescribed by the commission[, in a dipping solution provided by
416	420		this chapter or in a designated solution approved for that purpose
417	421		by rule of the commission]; and
418	422		(7) a designation of the date, time, and place that the
419	423		treatment [dipping] is to occur.
420	424		(c) An order under this section must be delivered to the
421	425		person owning or controlling the cattle or sheep not later than the
422	426		14th day before the date and time for the treatment [dipping]
423	427		designated in the order.
424	428		SECTION 23. Sections 164.022(a), (d), and (e), Agriculture
425	429		Code, are amended to read as follows:
426	430		(a) Not later than the fifth day following the day on which a
427	431		person receives an order to treat [dip] cattle or sheep, the person
428	432		may file with the commission or the presiding officer of the
429	433		commission a written affidavit that:
430	434		(1) denies that the animals are subject to being
431	435		treated [dipped] under this chapter, or states that, for good and
432	436		sufficient reason set out in the affidavit, the person is entitled
433	437		to have the order rescinded or the treatment [dipping] postponed;
434	438		and
435	439		(2) requests that the commission withhold enforcement
436	440		of the order and grant a hearing on the matter or investigate the
437	441		matter as necessary to determine the correctness of the statement
438	442		contained in the affidavit.
439	443		(d) If the commission finds that the statement in the
440	444		affidavit is correct, the commission shall rescind the order or
441	445		postpone the treatment [dipping] until a time that the commission
442	446		considers proper. If the commission finds that the statement in the
443	447		affidavit is not correct, the commission shall enforce the order on
444	448		the date and at the time designated in the order.
445	449		(e) Following a hearing, the commission shall deliver its
446	450		written findings to the affiant not later than the fourth day before
447	451		the date and time that the order requires the animals to be treated
448	452		[dipped].
449	453		SECTION 24. Section 164.023, Agriculture Code, is amended
450	454		to read as follows:
451	455		Sec. 164.023. METHOD OF TREATMENT [DIPPING]. The
452	456		commission by rule shall prescribe the methods of treatment
453	457		available for the treatment of scabies [If the commission requires
454	458		the dipping of animals] under this chapter[, the animals shall be
455	459		submerged in a vat, sprayed, or treated in another sanitary manner
456	460		prescribed by the commission].
457	461		SECTION 25. Section 164.028, Agriculture Code, is amended
458	462		to read as follows:
459	463		Sec. 164.028. TREATMENT [DIPPING] AT EXPENSE OF COUNTY. If
460	464		a person ordered to treat [dip] cattle or sheep under this chapter
461	465		fails or refuses to treat [dip] the animals, the county
462	466		commissioners court shall:
463	467		(1) provide the necessary equipment and [vats, pens,
464	468		other] facilities for the treatment of the animals;
465	469		(2) [, and materials, shall] have the animals treated
466	470		[dipped] in accordance with this chapter;[,] and
467	471		(3) [shall] pay the expenses of the treatment
468	472		[dipping] by warrant drawn on the general funds of the county.
469	473		SECTION 26. Section 164.041(a), Agriculture Code, is
470	474		amended to read as follows:
471	475		(a) The [If the] commission may [determines or is informed
472	476		that scabies exists among cattle in another state, territory, or
473	477		country, the commission shall] establish a quarantine against all
474	478		or the portion of a [the] state, territory, or country in which the
475	479		commission determines scabies [the disease] exists. A [The]
476	480		quarantine established under this section is governed by Chapter
477	481		161 [of this code], except that only a scabies inspector recognized
478	482		by the commission for that purpose in the quarantine notice may
479	483		issue certificates or permits for the movement of cattle subject to
480	484		the quarantine. A person who violates the quarantine is subject to
481	485		the penalties provided by Chapter 161 [that chapter].
482	486		SECTION 27. Section 164.044(b), Agriculture Code, is
483	487		amended to read as follows:
484	488		(b) If the commission finds animals that have been moved in
485	489		violation of a quarantine established under this chapter, the
486	490		commission shall quarantine the animals until they have been
487	491		properly tested or treated [dipped] in accordance with the rules of
488	492		the commission.
489	493		SECTION 28. Section 164.062(a), Agriculture Code, is
490	494		amended to read as follows:
491	495		(a) A person may not import sheep into this state unless the
492	496		shipment is accompanied by a certificate certifying that:
493	497		(1) the sheep are free from scabies infection and
494	498		exposure; or
495	499		(2) the sheep have been treated by a method [dipped in
496	500		a solution] recognized by the Animal and Plant Health Inspection
497	501		Service, United States Department of Agriculture, for eradication
498	502		of sheep scabies and in a manner designed to have eradicated
499	503		infection or exposure within 10 days prior to the date of
500	504		importation.
501	505		SECTION 29. Section 164.063, Agriculture Code, is amended
502	506		to read as follows:
503	507		Sec. 164.063. QUARANTINE OF IMPORTED SHEEP. If the
504	508		certificate for a shipment of sheep shows that the sheep were
505	509		treated [dipped] at the point of origin in accordance with Section
506	510		164.062(a)(2) [of this code], the sheep shall be quarantined at the
507	511		range on which the sheep are placed in this state for a period of 180
508	512		days.
509	513		SECTION 30. Section 164.064, Agriculture Code, is amended
510	514		to read as follows:
511	515		Sec. 164.064. DESIGNATION OF INFECTED OR FREE AREAS;
512	516		TREATMENT [DIPPING] REQUIREMENTS. The commission may adopt rules
513	517		designating areas as infected or free from infection and shall
514	518		establish treatment [dipping] requirements for the importation of
515	519		sheep into this state.
516	520		SECTION 31. Section 164.065, Agriculture Code, is amended
517	521		to read as follows:
518	522		Sec. 164.065. EXHIBITIONS. The commission shall provide an
519	523		importer of show sheep a reasonable length of time, not to exceed 60
520	524		days after the date of importation, in which to display the sheep at
521	525		county fairs or livestock exhibitions. The importer shall keep the
522	526		sheep separate from all sheep other than show sheep and shall treat
523	527		[dip] the sheep as required by the commission [at least once] before
524	528		they are distributed to the range.
525	529		SECTION 32. The heading to Section 164.083, Agriculture
526	530		Code, is amended to read as follows:
527	531		Sec. 164.083. FAILURE TO TREAT [DIP] FOR SCABIES.
528	532		SECTION 33. Section 164.083(a), Agriculture Code, is
529	533		amended to read as follows:
530	534		(a) A person commits an offense if the person:
531	535		(1) owns, controls, or cares for cattle or sheep
532	536		infected with scabies or cattle or sheep that have been exposed to
533	537		scabies infection within six months prior to the date of an order to
534	538		treat [dip] under Section 164.021 [of this code]; and
535	539		(2) fails or refuses to treat [dip] the sheep or cattle
536	540		at the time and in the manner provided by the order of the
537	541		commission.
538	542		SECTION 34. Section 164.085(a), Agriculture Code, is
539	543		amended to read as follows:
540	544		(a) A person commits an offense if the person:
541	545		(1) refuses to permit an inspector to enter any
542	546		premises of which the person is the owner, tenant, or caretaker for
543	547		the purpose of inspecting, classifying, or treating [dipping]
544	548		animals infected or exposed to scabies; or
545	549		(2) refuses to gather animals in accordance with
546	550		Section 164.005(c) [of this code].
547	551		SECTION 35. Section 165.022, Agriculture Code, is amended
548	552		to read as follows:
549	553		Sec. 165.022. METHOD OF DISEASE ERADICATION. Following
550	554		notice and public hearing, the commission shall adopt rules for the
551	555		enforcement of this subchapter, including rules providing for the
552	556		manner, method, and system of eradicating swine diseases. The
553	557		commission may by a two-thirds vote adopt rules more stringent than
554	558		[may not exceed] the rules relating to minimum standards for
555	559		cooperative programs adopted by the Animal and Plant Health
556	560		Inspection Service of the United States Department of Agriculture.
557	561		SECTION 36. Section 28.03(i), Penal Code, is amended to
558	562		read as follows:
559	563		(i) Notwithstanding Subsection (b), an offense under this
560	564		section is a felony of the first degree if the property is livestock
561	565		and the damage is caused by introducing bovine spongiform
562	566		encephalopathy, commonly known as mad cow disease, or a disease
563	567		listed in rules adopted [described] by the Texas Animal Health
564	568		Commission under Section 161.041(a), Agriculture Code. In this
565	569		subsection, "livestock" has the meaning assigned by Section
566	570		161.001, Agriculture Code.
567	571		SECTION 37. Sections 161.035(c), 164.024, 164.025,
568	572		164.026, 164.027, 165.002, and 167.058, Agriculture Code, are
569	573		repealed.
570	574		SECTION 38. The changes in law made by this Act to Sections
571	575		161.041(c) and (d), 164.083(a), and 164.085(a), Agriculture Code,
572	576		and Section 28.03(i), Penal Code, apply only to an offense or
573	577		violation committed on or after the effective date of this Act. An
574	578		offense or violation committed before the effective date of this
575	579		Act is governed by the law in effect on the date the offense or
576	580		violation was committed, and the former law is continued in effect
577	581		for that purpose. For purposes of this section, an offense or
578	582		violation was committed before the effective date of this Act if any
579	583		element of the offense or violation occurred before that date.
580	584		SECTION 39. (a) Except as provided by Subsection (b) of
581	585		this section, Section 161.023, Agriculture Code, as amended by this
582	586		Act, applies to a member of the Texas Animal Health Commission who
583	587		is appointed before, on, or after the effective date of this Act.
584	588		(b) A member of the Texas Animal Health Commission who,
585	589		before the effective date of this Act, completed the training
586	590		program required by Section 161.023, Agriculture Code, as that law
587	591		existed before the effective date of this Act, is only required to
588	592		complete additional training on the subjects added by this Act to
589	593		the training program required by Section 161.023, Agriculture Code.
590	594		A commission member described by this subsection may not vote,
591	595		deliberate, or be counted as a member in attendance at a meeting of
592	596		the commission held on or after December 1, 2021, until the member
593	597		completes the additional training.
594	598		SECTION 40. Not later than March 1, 2022, the Texas Animal
595	599		Health Commission shall:
596	600		(1) adopt rules necessary to implement Sections
597	601		161.041, 161.101, 161.113, and 164.023, Agriculture Code, as
598	602		amended by this Act; and
599	603		(2) complete the initial analysis of violations
600	604		required by Section 161.0375, Agriculture Code, as added by this
601	605		Act.
602	606		SECTION 41. Not later than January 1, 2022, the Texas Animal
603	607		Health Commission and the Texas A&M Veterinary Medical Diagnostic
604	608		Laboratory shall adopt the memorandum of understanding required by
605	609		Section 161.0603, Agriculture Code, as added by this Act.
606	610		SECTION 42. This Act takes effect September 1, 2021.
607		-	______________________________ ______________________________
608		-	President of the Senate Speaker of the House
609		-	I hereby certify that S.B. No. 705 passed the Senate on
610		-	March 25, 2021, by the following vote: Yeas 30, Nays 0; and that
611		-	the Senate concurred in House amendment on May 29, 2021, by the
612		-	following vote: Yeas 31, Nays 0.
613		-	______________________________
614		-	Secretary of the Senate
615		-	I hereby certify that S.B. No. 705 passed the House, with
616		-	amendment, on May 23, 2021, by the following vote: Yeas 144,
617		-	Nays 1, one present not voting.
618		-	______________________________
619		-	Chief Clerk of the House
620		-	Approved:
621		-	______________________________
622		-	Date
623		-	______________________________
624		-	Governor