Texas 2025 - 89th Regular

Texas House Bill HB2439 Compare Versions

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

Old	New	Differences
1	1	89R2351 MP-D
2	2	By: Curry H.B. No. 2439
3	3
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5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the abolishment of the Texas Animal Health Commission
10	10	and the transfer of its functions to the Department of Agriculture.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 2.006(b), Agriculture Code, is amended
13	13	to read as follows:
14	14	(b) The department[, with the assistance of the Texas Animal
15	15	Health Commission,] shall pursue a policy of ensuring that the
16	16	borders of this state are secure from shipments of potentially
17	17	dangerous plant and animal pests and diseases.
18	18	SECTION 2. Section 23.002(a), Agriculture Code, is amended
19	19	to read as follows:
20	20	(a) The office shall establish the Texas food system
21	21	security and resiliency planning council. The council is composed
22	22	of the following members:
23	23	(1) three members appointed by the governor;
24	24	(2) three members appointed by the lieutenant
25	25	governor;
26	26	(3) three members appointed by the speaker of the
27	27	house of representatives;
28	28	(4) [one member of the Texas Animal Health Commission
29	29	appointed by the governor;
30	30	[(5)] one member appointed by the commissioner to
31	31	represent food banks;
32	32	(5) [(6)] one member appointed by the commissioner to
33	33	represent nonprofit organizations that provide home delivered
34	34	meals;
35	35	(6) [(7)] two members appointed by the commissioner to
36	36	represent agricultural producer organizations, marketing
37	37	associations organized under Chapter 52, or farmers' cooperative
38	38	societies incorporated under Chapter 51;
39	39	(7) [(8)] the assistant commissioner of agriculture
40	40	for the food and nutrition division as a nonvoting member;
41	41	(8) [(9)] the director of the Texas A&M AgriLife
42	42	Extension Service as a nonvoting member; and
43	43	(9) [(10)] one nonvoting member appointed by the
44	44	executive commissioner of the Health and Human Services Commission
45	45	to represent the supplemental nutrition assistance program, the
46	46	federal special supplemental nutrition program for women, infants,
47	47	and children, and the supplemental nutrition assistance
48	48	program-education.
49	49	SECTION 3. Section 71.0082(a), Agriculture Code, is amended
50	50	to read as follows:
51	51	(a) In addition to vehicle inspections authorized under
52	52	Section 71.0081, the department [and the Texas Animal Health
53	53	Commission, under the direction of the department,] shall [jointly]
54	54	conduct road station and interstate shipment inspections as
55	55	feasible at strategic points throughout this state and as
56	56	determined to be appropriate by the department [and the Texas
57	57	Animal Health Commission], taking into consideration the
58	58	significance of plant and animal inspections in proactively
59	59	protecting this state's borders.
60	60	SECTION 4. Section 134.004, Agriculture Code, is amended to
61	61	read as follows:
62	62	Sec. 134.004. CONTRACTS. The department, the Texas
63	63	Commission on Environmental Quality, [the Texas Animal Health
64	64	Commission,] and the Parks and Wildlife Department may contract
65	65	with state, federal, or private entities for assistance in carrying
66	66	out the purposes of this chapter.
67	67	SECTION 5. Sections 147.042(a) and (b), Agriculture Code,
68	68	are amended to read as follows:
69	69	(a) Each livestock auction commission merchant shall keep a
70	70	record of the motor vehicle and trailer or semitrailer on which
71	71	livestock is transported to the place of sale. The record must be
72	72	in a form prescribed by the department [Texas Animal Health
73	73	Commission] and must show the name of the owner of the livestock,
74	74	the name of the owner of the vehicle, and the name, make, and
75	75	license plate number of the vehicle. The commission merchant shall
76	76	prepare the record and make it available for public inspection
77	77	within 24 hours after receipt of the livestock.
78	78	(b) Each livestock auction commission merchant shall keep a
79	79	record of the motor vehicle and trailer or semitrailer on which
80	80	livestock is transported from the place of sale. The record must be
81	81	in a form prescribed by the department [Texas Animal Health
82	82	Commission] and must show the name and address of the purchaser of
83	83	the livestock and the name and address of the owner of the vehicle.
84	84	The commission merchant shall prepare the record and make it
85	85	available immediately after the livestock is sold and before the
86	86	livestock is removed from the place of sale.
87	87	SECTION 6. Sections 148.011(c) and (d), Agriculture Code,
88	88	are amended to read as follows:
89	89	(c) The record must be prepared and made available to the
90	90	department [Texas Animal Health Commission] and for public
91	91	inspection within 24 hours after the slaughterer receives the
92	92	livestock. The slaughterer shall preserve the record for at least
93	93	two years and shall keep the record open for public inspection at
94	94	all reasonable hours.
95	95	(d) The department [Texas Animal Health Commission] shall
96	96	disseminate the provisions of this section and Section 148.063 [of
97	97	this code] to interested persons. The department [commission]
98	98	shall carry out occasional spot checks of places maintained by
99	99	slaughterers in order to determine if the provisions of this
100	100	section are complied with.
101	101	SECTION 7. Section 161.003, Agriculture Code, is amended to
102	102	read as follows:
103	103	Sec. 161.003. DUTY OF COUNTY COMMISSIONERS COURT. (a) The
104	104	commissioners court of each county shall cooperate with and assist
105	105	the department [commission] in protecting livestock, domestic
106	106	animals, and domestic fowl from communicable diseases, regardless
107	107	of whether a particular disease exists in the county.
108	108	(b) Each commissioners court may employ a veterinarian at
109	109	the expense of the county. Any veterinarian employed is subject to
110	110	approval by the department [commission].
111	111	SECTION 8. Section 161.004, Agriculture Code, is amended to
112	112	read as follows:
113	113	Sec. 161.004. DISPOSAL OF DISEASED LIVESTOCK CARCASS. (a)
114	114	A person who is the owner or caretaker of livestock, exotic
115	115	livestock, domestic fowl, or exotic fowl that die from a disease
116	116	listed by the department [commission] in rules adopted under
117	117	Section 161.041, or who owns or controls the land on which the
118	118	livestock, exotic livestock, domestic fowl, or exotic fowl die or
119	119	on which the carcasses are found, shall dispose of the carcasses in
120	120	the manner required by the department [commission] under this
121	121	section.
122	122	(b) The Texas Commission on Environmental Quality may not
123	123	adopt a rule related to the disposal of livestock under this section
124	124	unless the rule is developed in cooperation with and is approved by
125	125	the department [Texas Animal Health Commission].
126	126	(c) The department [commission] shall:
127	127	(1) determine the most effective methods of disposing
128	128	of diseased carcasses, including methods other than burning or
129	129	burial; and
130	130	(2) by rule prescribe the method or methods that a
131	131	person may use to dispose of a carcass as required by Subsection
132	132	(a).
133	133	(d) The department [commission] by rule may delegate its
134	134	authority under this section to the commissioner [executive
135	135	director].
136	136	SECTION 9. Section 161.005, Agriculture Code, is amended to
137	137	read as follows:
138	138	Sec. 161.005. DEPARTMENT [COMMISSION] WRITTEN INSTRUMENTS.
139	139	(a) The department [commission] may authorize a department [the
140	140	executive director or another] employee to sign written instruments
141	141	on behalf of the department [commission]. [A written instrument,
142	142	including a quarantine or written notice, signed under that
143	143	authority has the same force and effect as if signed by the entire
144	144	commission.]
145	145	(b) Any written instrument issued by the department
146	146	[commission] is admissible as evidence in court if certified by the
147	147	commissioner [presiding officer or the executive director].
148	148	SECTION 10. Section 161.007, Agriculture Code, is amended
149	149	to read as follows:
150	150	Sec. 161.007. EXPOSURE OR INFECTION CONSIDERED CONTINUING.
151	151	If a veterinarian employed by the department [commission]
152	152	determines that a communicable disease exists among livestock,
153	153	domestic animals, or domestic fowl or on certain premises or that
154	154	livestock, domestic animals, or domestic fowl have been exposed to
155	155	the agency of transmission of a communicable disease, the exposure
156	156	or infection is considered to continue until the department
157	157	[commission] determines that the exposure or infection has been
158	158	eradicated through methods prescribed by department rule [of the
159	159	commission].
160	160	SECTION 11. Section 161.009, Agriculture Code, is amended
161	161	to read as follows:
162	162	Sec. 161.009. CONFIDENTIALITY OF BIOSECURITY AND OTHER
163	163	SENSITIVE INFORMATION. (a) Except as provided by Subsections (b)
164	164	and (c), information held by the department [commission] is
165	165	confidential and excepted from disclosure under Chapter 552,
166	166	Government Code, if the information consists of or relates to a
167	167	biosecurity plan, a secure food supply plan, an emergency
168	168	preparedness plan, or biosecurity data that was voluntarily
169	169	provided to the department [commission] by an owner or caretaker of
170	170	an animal.
171	171	(b) The department [commission] may release information
172	172	described by Subsection (a) to:
173	173	(1) the attorney general's office, for the purpose of
174	174	law enforcement;
175	175	(2) the secretary of the United States Department of
176	176	Agriculture, for the purpose of animal health protection;
177	177	(3) the secretary of the United States Department of
178	178	Homeland Security, for the purpose of homeland security;
179	179	(4) the Department of State Health Services, for the
180	180	purpose of protecting the public health from zoonotic diseases;
181	181	(5) any person, if required by a court order;
182	182	(6) a federal, state, municipal, or county emergency
183	183	management authority, for the purpose of management or response to
184	184	natural or man-made disasters; or
185	185	(7) any person the commissioner [executive director of
186	186	the commission] considers appropriate, if:
187	187	(A) the commissioner [executive director]
188	188	determines that:
189	189	(i) livestock may be threatened by a
190	190	disease, agent, or pest; and
191	191	(ii) the release of the information is
192	192	related to actions the department [commission] may take in
193	193	performance of its powers and duties; or
194	194	(B) the commissioner [executive director]
195	195	determines that the release of the information is necessary for
196	196	emergency management purposes under Chapter 418, Government Code.
197	197	(c) The department's [commission's] release of confidential
198	198	information under Subsection (b):
199	199	(1) does not affect the confidentiality of the
200	200	information;
201	201	(2) is not an offense under Section 552.352,
202	202	Government Code; and
203	203	(3) is not a voluntary disclosure for purposes of
204	204	Section 552.007, Government Code.
205	205	SECTION 12. The heading to Subchapter C, Chapter 161,
206	206	Agriculture Code, is amended to read as follows:
207	207	SUBCHAPTER C. GENERAL DISEASE AND PEST CONTROL AND EMERGENCY
208	208	MANAGEMENT POWERS AND DUTIES [OF COMMISSION]
209	209	SECTION 13. Section 161.041, Agriculture Code, is amended
210	210	to read as follows:
211	211	Sec. 161.041. DISEASE CONTROL. (a) The department
212	212	[commission] shall protect all livestock, exotic livestock,
213	213	domestic fowl, and exotic fowl from diseases the department
214	214	[commission] determines require control or eradication. The
215	215	department [commission] shall adopt and periodically update rules
216	216	listing the diseases that require control or eradication by the
217	217	department [commission]. Section 2001.0045, Government Code, does
218	218	not apply to rules adopted under this subsection.
219	219	(b) The department [commission] may act to eradicate or
220	220	control any disease or agent of transmission for any disease that
221	221	affects livestock, exotic livestock, domestic fowl, or exotic fowl,
222	222	regardless of whether the disease is communicable, even if the
223	223	agent of transmission is an animal species that is not subject to
224	224	the jurisdiction of the department [commission]. The department
225	225	[commission] may adopt any rules necessary to carry out the
226	226	purposes of this subsection, including rules concerning testing,
227	227	movement, inspection, and treatment.
228	228	(c) A person commits an offense if the person knowingly
229	229	fails to handle, in accordance with rules adopted by the department
230	230	[commission], livestock, exotic livestock, domestic fowl, or
231	231	exotic fowl:
232	232	(1) infected with a disease listed by the department
233	233	[commission] by rule under Subsection (a);
234	234	(2) exposed, as defined by department [commission]
235	235	rule, to a disease listed by the department [commission] by rule
236	236	under Subsection (a) if the department [commission] has notified
237	237	the person that the animal was exposed to the disease; or
238	238	(3) subject to a testing requirement due to a risk of
239	239	exposure, as defined by department [commission] rule, to a specific
240	240	disease if the department [commission] has notified the person of
241	241	the testing requirement.
242	242	(d) A person commits an offense if the person knowingly
243	243	fails to identify or refuses to permit an agent of the department
244	244	[commission] to identify, in accordance with rules adopted by the
245	245	department [commission], livestock, exotic livestock, domestic
246	246	fowl, or exotic fowl infected with a disease listed by the
247	247	department [commission] by rule under Subsection (a).
248	248	(e) An offense under Subsection (c) or (d) [of this section]
249	249	is a Class C misdemeanor unless it is shown on the trial of the
250	250	offense that the defendant has been previously convicted under this
251	251	section, in which event the offense is a Class B misdemeanor.
252	252	(f) In complying with this section, the department
253	253	[commission] may not infringe on or supersede the authority of any
254	254	other agency of this state, including the authority of the Parks and
255	255	Wildlife Department relating to wildlife. If a conflict of
256	256	authority occurs, the department [commission] shall assume
257	257	responsibility for disease control efforts, but work
258	258	collaboratively with the other agency to enable each agency to
259	259	effectively carry out its responsibilities.
260	260	(g) The department's [commission's] authority to control or
261	261	eradicate an agent of transmission that is an animal species that is
262	262	not subject to the jurisdiction of the department [commission] is
263	263	limited to instances when a disease that threatens livestock,
264	264	exotic livestock, domestic fowl, or exotic fowl has been confirmed
265	265	or is suspected to exist in that species and the department
266	266	[commission] determines that a serious threat to livestock, exotic
267	267	livestock, domestic fowl, or exotic fowl exists.
268	268	SECTION 14. Sections 161.0411(a), (b), (c), (d), and (e),
269	269	Agriculture Code, are amended to read as follows:
270	270	(a) A seller, distributor, or transporter of live domestic
271	271	or exotic fowl in this state shall register with the department
272	272	[commission] under this section. The department [commission] may
273	273	exempt from registration a person participating in a disease
274	274	surveillance program recognized by the department [commission].
275	275	(b) A person may apply for a certificate of registration or
276	276	a renewal of a certificate of registration under this section by
277	277	submitting an application and an annual fee prescribed by the
278	278	department [commission]. A person must complete an application for
279	279	a certificate of registration that includes a list of each location
280	280	at which the person conducts the sale, distribution, or
281	281	transportation of domestic or exotic fowl.
282	282	(c) The department [commission] shall adopt rules to
283	283	administer this section, including rules relating to the testing,
284	284	identification, transportation, inspection, sanitation, and
285	285	disinfection of domestic and exotic fowl.
286	286	(d) The department [commission] shall prescribe and collect
287	287	an annual fee for registration as a seller, distributor, or
288	288	transporter of domestic or exotic fowl in this state.
289	289	(e) The department [commission] may set fees under this
290	290	section in amounts that do not exceed the amounts necessary to
291	291	enable the department [commission] to recover the costs of
292	292	administering this section.
293	293	SECTION 15. Sections 161.0412(a) and (b), Agriculture Code,
294	294	are amended to read as follows:
295	295	(a) The department [commission] may, for disease control
296	296	purposes, require the registration of feral swine holding
297	297	facilities.
298	298	(b) To prevent the spread of disease, the department
299	299	[commission] may require a person to register with the department
300	300	[commission] if the person confines feral swine in a holding
301	301	facility for slaughter, sale, exhibition, hunting, or any other
302	302	purpose specified by department [commission] rule.
303	303	SECTION 16. Section 161.0415, Agriculture Code, is amended
304	304	to read as follows:
305	305	Sec. 161.0415. DISPOSAL OF DISEASED OR EXPOSED LIVESTOCK OR
306	306	FOWL. (a) The department [commission] by order may require the
307	307	slaughter of livestock, domestic fowl, or exotic fowl[,] under the
308	308	direction of the department [commission], or the sale of livestock,
309	309	domestic fowl, or exotic fowl for immediate slaughter at a public
310	310	slaughtering establishment maintaining federal or state inspection
311	311	if the livestock, domestic fowl, or exotic fowl is exposed to or
312	312	infected with a disease other than bluetongue or vesicular
313	313	stomatitis that:
314	314	(1) is recognized by the United States Department of
315	315	Agriculture as:
316	316	(A) a foreign animal disease; or
317	317	(B) a reportable animal disease;
318	318	(2) is the subject of a cooperative eradication
319	319	program with the United States Department of Agriculture;
320	320	(3) is an animal disease reportable to the World
321	321	Organisation for Animal Health; or
322	322	(4) is the subject of a state of emergency, as declared
323	323	by the governor.
324	324	(b) The department [commission] by order may require the
325	325	slaughter and disposal of livestock, domestic fowl, or exotic fowl
326	326	exposed to or infected with a disease not listed in Subsection (a)
327	327	if the department [commission] determines that action to be
328	328	necessary for the protection of animal health in this state. The
329	329	department [commission] shall immediately deliver a copy of an
330	330	order issued under this subsection to the appropriate legislative
331	331	oversight committees.
332	332	(c) A person may appeal an order of the department
333	333	[commission] under this section as provided by Chapter 2001,
334	334	Government Code.
335	335	(d) The Texas Commission on Environmental Quality may not
336	336	adopt a rule related to the disposal of livestock under this section
337	337	unless the rule is developed in cooperation with and is approved by
338	338	the department [Texas Animal Health Commission].
339	339	SECTION 17. Section 161.0416, Agriculture Code, is amended
340	340	to read as follows:
341	341	Sec. 161.0416. EMERGENCY MANAGEMENT. (a) The department
342	342	[commission] may prepare and plan for, respond to, and aid in the
343	343	recovery from disaster events that may affect livestock, exotic
344	344	livestock, domestic fowl, or exotic fowl, including disease
345	345	outbreaks, hurricanes, floods, tornadoes, wildfires, and acts of
346	346	terrorism.
347	347	(b) The department [commission] may assist with local
348	348	emergency management planning. This subsection may not be
349	349	construed to affect the department's [commission's] responsibility
350	350	under any other law, including Chapter 418, Government Code, or any
351	351	responsibility delegated to the department [commission] by an
352	352	emergency management authority of this state.
353	353	SECTION 18. Sections 161.0417(a), (b), (c), and (d),
354	354	Agriculture Code, are amended to read as follows:
355	355	(a) A person, including a veterinarian, must be authorized
356	356	by the department [commission] in order to engage in an activity
357	357	that is part of a state or federal disease control or eradication
358	358	program for animals.
359	359	(b) The department [commission] shall adopt rules for the
360	360	authorization of a person described by Subsection (a).
361	361	(c) The department [commission] may, after reasonable
362	362	notice, suspend or revoke a person's authorization under Subsection
363	363	(a) if the department [commission] determines that the person has
364	364	substantially failed to comply with this chapter or rules adopted
365	365	under this chapter.
366	366	(d) A person is entitled to a hearing before the department
367	367	[commission] or a hearing examiner appointed by the department
368	368	[commission] before the department [commission] may revoke the
369	369	person's authorization under Subsection (a). The department
370	370	[commission] shall make all final decisions to suspend or revoke an
371	371	authorization.
372	372	SECTION 19. Section 161.042, Agriculture Code, is amended
373	373	to read as follows:
374	374	Sec. 161.042. SALE AND DISTRIBUTION OF VETERINARY
375	375	BIOLOGICS. The department [commission] may control the sale and
376	376	distribution of all veterinary biologics except rabies vaccine.
377	377	Rabies vaccine shall be sold, distributed, dispensed, and
378	378	administered in compliance with Chapter 826, Health and Safety
379	379	Code, and the rules adopted thereunder by the executive
380	380	commissioner of the Health and Human Services Commission [Texas
381	381	Board of Health].
382	382	SECTION 20. Section 161.043, Agriculture Code, is amended
383	383	to read as follows:
384	384	Sec. 161.043. REGULATION OF EXHIBITIONS. The department
385	385	[commission] may regulate the entry of livestock, domestic animals,
386	386	and domestic fowl into exhibitions, shows, and fairs and may
387	387	require treatment or certification of those animals as reasonably
388	388	necessary to protect against communicable diseases.
389	389	SECTION 21. Section 161.044, Agriculture Code, is amended
390	390	to read as follows:
391	391	Sec. 161.044. REGULATION OF LIVESTOCK MOVEMENT FROM
392	392	STOCKYARDS OR RAILWAY SHIPPING PENS. The department [commission]
393	393	may regulate the movement of livestock out of stockyards or railway
394	394	shipping pens and require treatment or certification of those
395	395	animals as reasonably necessary to protect against communicable
396	396	diseases.
397	397	SECTION 22. Sections 161.0445(b), (c), and (d), Agriculture
398	398	Code, are amended to read as follows:
399	399	(b) The owner or person in charge of an export-import
400	400	facility shall notify the department [commission] not later than 24
401	401	hours after an animal received or held at the facility is refused
402	402	export out of this state or entry into another country.
403	403	(c) The department [commission] may require that an animal
404	404	held at an export-import facility be tested or treated for a disease
405	405	or pest if an authorized department [commission] employee considers
406	406	the test or treatment necessary. The department [commission] may
407	407	require the testing or treatment be performed before the animal is
408	408	removed from the export-import facility. This state is not liable
409	409	for the amount of any fee charged for the testing or treatment.
410	410	(d) The department [commission] may, for disease or pest
411	411	control purposes, adopt rules necessary to implement, administer,
412	412	and enforce this section. The rules may include reporting and
413	413	recordkeeping requirements and provisions governing the movement,
414	414	inspection, testing, or treatment of animals.
415	415	SECTION 23. Section 161.045, Agriculture Code, is amended
416	416	to read as follows:
417	417	Sec. 161.045. EMPLOYEES; CHIEF VETERINARIAN. The
418	418	department [commission] may employ personnel as necessary in the
419	419	administration of this chapter or other duties of the department
420	420	[commission], including a chief veterinarian, a first assistant
421	421	veterinarian, other veterinarians, and clerical personnel.
422	422	SECTION 24. Section 161.047(a), Agriculture Code, is
423	423	amended to read as follows:
424	424	(a) A [commissioner or a] veterinarian or inspector
425	425	employed by the department [commission] may enter public or private
426	426	property for the exercise of an authority or performance of a duty
427	427	under this chapter.
428	428	SECTION 25. Sections 161.048(a), (b), (c), (d), and (d-1),
429	429	Agriculture Code, are amended to read as follows:
430	430	(a) An agent of the department [commission] is entitled to
431	431	stop and inspect a shipment of animals or animal products being
432	432	transported in this state in order to:
433	433	(1) determine if the shipment is in compliance with
434	434	the laws and rules administered by the department [commission]
435	435	affecting the shipment;
436	436	(2) determine if the shipment originated from a
437	437	quarantined area or herd; or
438	438	(3) determine if the shipment presents a danger to the
439	439	public health or livestock industry through insect infestation or
440	440	through a communicable or noncommunicable disease.
441	441	(b) The department [commission] may detain a shipment of
442	442	animals or animal products that is being transported in violation
443	443	of law or a rule of the department [commission]. The department
444	444	[commission] may require that the shipment be unloaded at the
445	445	nearest available loading facility.
446	446	(c) The department [commission] may not inspect a railroad
447	447	train at any point other than a terminal.
448	448	(d) The department [commission] may post signs on public
449	449	highways and use signaling devices, including red lights, in
450	450	conjunction with signs, if necessary to effectively signal and stop
451	451	vehicles for inspection.
452	452	(d-1) The department [commission] may enter into an
453	453	agreement with a corporation or other private entity to provide
454	454	goods or services for the establishment and operation of
455	455	checkpoints or the performance of inspections under this section.
456	456	SECTION 26. Sections 161.049(c), (d), and (e), Agriculture
457	457	Code, are amended to read as follows:
458	458	(c) The department [commission] may require a livestock,
459	459	exotic livestock, domestic fowl, or exotic fowl dealer to maintain
460	460	records of all livestock, exotic livestock, domestic fowl, or
461	461	exotic fowl bought and sold by the dealer.
462	462	(d) The department [commission] may inspect and copy the
463	463	records of a livestock, exotic livestock, domestic fowl, or exotic
464	464	fowl dealer that relate to the buying and selling of those animals.
465	465	(e) The department [commission] by rule shall adopt the form
466	466	and content of the records maintained by a dealer under Subsection
467	467	(c) [of this section].
468	468	SECTION 27. Section 161.050, Agriculture Code, is amended
469	469	to read as follows:
470	470	Sec. 161.050. INJUNCTION. The department [commission] is
471	471	entitled to appropriate injunctive relief to prevent or abate a
472	472	violation of a statute administered or enforced by the department
473	473	[commission] or a rule adopted or order issued by the department
474	474	[commission] under such a statute. On request of the department
475	475	[commission], the attorney general shall file suit for the
476	476	injunctive relief. Venue is in Travis County.
477	477	SECTION 28. Section 161.051, Agriculture Code, is amended
478	478	to read as follows:
479	479	Sec. 161.051. MEMORANDUM OF UNDERSTANDING ON ENFORCEMENT OF
480	480	DEPARTMENT [COMMISSION] POWERS. (a) The Department of Agriculture
481	481	[commission] and the Department of Public Safety by rule shall
482	482	adopt a joint memorandum of understanding that includes provisions
483	483	under which Department of Public Safety officers are to check for
484	484	health papers and permits when a livestock vehicle is stopped for
485	485	other reasons in the regular course of the officers' duties. The
486	486	memorandum shall require:
487	487	(1) Department of Agriculture [commission] staff to
488	488	provide information to Department of Public Safety officers
489	489	regarding health papers and permits;
490	490	(2) Department of Public Safety officers to report
491	491	potential problems to the Department of Agriculture [commission];
492	492	(3) Department of Agriculture [commission] staff to
493	493	investigate possible violations reported by Department of Public
494	494	Safety officers;
495	495	(4) Department of Public Safety officers to provide
496	496	assistance when requested by the Department of Agriculture
497	497	[commission]; and
498	498	(5) Department of Agriculture [commission] personnel
499	499	to notify the Department of Public Safety, when appropriate, of the
500	500	location of Department of Agriculture [commission] roadblocks or
501	501	special or night operations.
502	502	(b) The Department of Agriculture [commission] and the
503	503	Department of Public Safety shall review and update the memorandum
504	504	not later than the last month of each state fiscal year.
505	505	SECTION 29. Section 161.052, Agriculture Code, is amended
506	506	to read as follows:
507	507	Sec. 161.052. MEMORANDUM OF UNDERSTANDING ON COOPERATION
508	508	WITH LOCAL AUTHORITIES. (a) The department [commission] and the
509	509	commissioners court of a county by rule may adopt a joint memorandum
510	510	of understanding that includes provisions under which the sheriff
511	511	of that county or the sheriff's deputies are to check for health
512	512	papers and permits when a livestock vehicle is stopped for other
513	513	reasons in the regular course of the sheriff's or the deputies'
514	514	duties. The memorandum shall require:
515	515	(1) department [commission] staff to provide
516	516	information to the sheriff and the deputies regarding health papers
517	517	and permits;
518	518	(2) the sheriff and the deputies to report potential
519	519	problems to the department [commission];
520	520	(3) department [commission] staff to investigate
521	521	possible violations reported by the sheriff or the deputies;
522	522	(4) the sheriff or deputies to provide assistance when
523	523	requested by the department [commission]; and
524	524	(5) department [commission] personnel to notify the
525	525	sheriff, when appropriate, of department [commission] roadblocks
526	526	located in the county or special or night operations planned for the
527	527	county.
528	528	(b) The department [commission] and each commissioners
529	529	court with which the department [commission] adopted a memorandum
530	530	of understanding shall review and update the memorandum not later
531	531	than the last month of each state fiscal year.
532	532	SECTION 30. Section 161.0525, Agriculture Code, is amended
533	533	to read as follows:
534	534	Sec. 161.0525. MEMORANDUM OF UNDERSTANDING ON COOPERATION
535	535	WITH OTHER STATES. The department [commission] by rule, subject to
536	536	approval by the governor, may adopt a joint memorandum of
537	537	understanding with another state that includes provisions under
538	538	which the department [commission] and the other state may provide
539	539	assistance to each other in the case of an animal disease outbreak.
540	540	SECTION 31. Section 161.054, Agriculture Code, is amended
541	541	to read as follows:
542	542	Sec. 161.054. REGULATION OF MOVEMENT OF ANIMALS; EXCEPTION.
543	543	(a) As a control measure, the department [commission] by rule may
544	544	regulate the movement of animals, including feral swine. The
545	545	department [commission] may restrict the intrastate movement of
546	546	animals, including feral swine, even though the movement of the
547	547	animals is unrestricted in interstate or international commerce.
548	548	The department [commission] may require testing, vaccination, or
549	549	another epidemiologically sound procedure before or after animals
550	550	are moved.
551	551	(b) The department [commission] by rule may prohibit or
552	552	regulate the movement of animals, including feral swine, into a
553	553	quarantined herd, premise, or area.
554	554	(c) The department [commission] may not adopt a rule that
555	555	prohibits a person from moving animals, including feral swine,
556	556	owned by that person within unquarantined contiguous lands owned or
557	557	controlled by that person.
558	558	(d) On application of the owner of an animal, including a
559	559	feral swine, a restriction on the movement of the animal imposed
560	560	under this chapter may be modified by order of the commissioner
561	561	[executive director of the commission] if the owner demonstrates
562	562	that the restriction will result in unusual hardship for the owner.
563	563	In considering an application under this section, the commissioner
564	564	[executive director] may consider the effect of prolonged drought,
565	565	inadequacy of pasturage or unusual feed supply resulting from
566	566	disaster or other unforeseeable circumstances, or economic
567	567	hardship.
568	568	(e) In connection with the regulation of the movement of
569	569	feral swine, the department [commission] by rule may require
570	570	disease testing before movement of a feral swine from one location
571	571	to another, and establish the conditions under which feral swine
572	572	may be transported.
573	573	(f) The department's [commission's] authority to regulate
574	574	the movement of feral swine may not interfere with the authority of
575	575	the Parks and Wildlife Department to regulate the hunting or
576	576	trapping of feral swine.
577	577	SECTION 32. Sections 161.0541(a), (b), and (c), Agriculture
578	578	Code, are amended to read as follows:
579	579	(a) The department [commission] by rule may establish a
580	580	disease surveillance program for elk.
581	581	(b) Rules adopted under this section must:
582	582	(1) require each person who moves elk in this state to
583	583	have elk tested for chronic wasting disease or other diseases as
584	584	determined by the department [commission];
585	585	(2) be designed to protect the health of the elk
586	586	population in this state; and
587	587	(3) include provisions for testing, identification,
588	588	transportation, and inspection under the disease surveillance
589	589	program.
590	590	(c) A person commits an offense if the person knowingly
591	591	violates a rule adopted by the department [commission] under this
592	592	section.
593	593	SECTION 33. Section 161.0542, Agriculture Code, is amended
594	594	to read as follows:
595	595	Sec. 161.0542. NOTICE OF WILDLIFE DISEASE OUTBREAK. (a)
596	596	Notwithstanding any law restricting the disclosure of information
597	597	by the department [commission] and subject to Subsection (b), if
598	598	the department [commission] becomes aware of a wildlife disease
599	599	outbreak on a property, the department [commission] shall provide
600	600	notice of the location and nature of the outbreak to:
601	601	(1) each owner of adjacent property; and
602	602	(2) the Parks and Wildlife Department.
603	603	(b) Subsection (a) applies only to a disease that the
604	604	department [commission] has designated as reportable.
605	605	SECTION 34. Section 161.0545, Agriculture Code, is amended
606	606	to read as follows:
607	607	Sec. 161.0545. MOVEMENT OF ANIMAL PRODUCTS. The department
608	608	[commission] may adopt rules that require the certification of
609	609	persons who transport or dispose of inedible animal products,
610	610	including carcasses, body parts, and waste material. The
611	611	department [commission] by rule may provide terms and conditions
612	612	for the issuance, renewal, and revocation of a certification under
613	613	this section.
614	614	SECTION 35. Sections 161.055(a) and (b), Agriculture Code,
615	615	are amended to read as follows:
616	616	(a) The department [commission] may require slaughter
617	617	plants to collect and submit blood samples and other diagnostic
618	618	specimens for testing for disease.
619	619	(b) The department [commission] by rule shall determine the
620	620	method of collecting, submitting, and testing of blood samples and
621	621	other diagnostic specimens.
622	622	SECTION 36. Section 161.056, Agriculture Code, is amended
623	623	to read as follows:
624	624	Sec. 161.056. ANIMAL IDENTIFICATION PROGRAM. (a) In order
625	625	to provide for disease control and enhance the ability to trace
626	626	disease-infected animals or animals that have been exposed to
627	627	disease, the department [commission] may develop and implement an
628	628	animal identification program that is no more stringent than a
629	629	federal animal disease traceability or other federal animal
630	630	identification program.
631	631	(c) The department [commission] may adopt rules to require
632	632	the use of official identification as part of the animal
633	633	identification program under Subsection (a) for animal disease
634	634	control or animal emergency management.
635	635	(d) The department [commission] may [by a two-thirds vote]
636	636	adopt rules to provide for an animal identification program more
637	637	stringent than a program allowed by Subsection (a) only for control
638	638	of a specific animal disease or for animal emergency management.
639	639	(e) Information collected by the department [commission]
640	640	under this section is exempt from the public disclosure
641	641	requirements of Chapter 552, Government Code. The department
642	642	[commission] may provide information to another person, including a
643	643	governmental entity, without altering the confidential status of
644	644	the information. The department [commission] may release
645	645	information to:
646	646	(1) a person who owns or controls animals and seeks
647	647	information regarding those animals, if the person requests the
648	648	information in writing;
649	649	(2) the attorney general's office, for the purpose of
650	650	law enforcement;
651	651	(3) the secretary of the United States Department of
652	652	Agriculture, for the purpose of animal health protection;
653	653	(4) the secretary of the United States Department of
654	654	Homeland Security, for the purpose of homeland security;
655	655	(5) the Department of State Health Services, for the
656	656	purpose of protecting the public health from zoonotic diseases;
657	657	(6) any person, under an order of a court of competent
658	658	jurisdiction;
659	659	(7) a state, municipal, or county emergency management
660	660	authority, for the purpose of management or response to natural or
661	661	man-made disasters; or
662	662	(8) any person the commissioner [executive director of
663	663	the commission] considers appropriate, if the commissioner
664	664	[executive director] determines that:
665	665	(A) livestock may be threatened by a disease,
666	666	agent, or pest; and
667	667	(B) the release of the information is related to
668	668	actions the department [commission] may take under this section.
669	669	(f) Notwithstanding Subsection (e), the department
670	670	[commission] shall release information collected under this
671	671	section if the release is necessary for emergency management
672	672	purposes under Chapter 418, Government Code. The release of
673	673	information under this subsection does not alter the confidential
674	674	status of the information.
675	675	(i) The department [commission] may adopt rules necessary
676	676	to implement and enforce this section.
677	677	SECTION 37. Section 161.057, Agriculture Code, is amended
678	678	to read as follows:
679	679	Sec. 161.057. CLASSIFICATION OF AREAS. (a) The department
680	680	[commission] by rule may prescribe criteria for classifying areas
681	681	in the state for disease control. The criteria must be based on
682	682	sound epidemiological principles. The department [commission] may
683	683	prescribe different control measures and procedures for areas with
684	684	different classifications.
685	685	(b) The department [commission] by rule may designate as a
686	686	particular classification an area consisting of one or more
687	687	counties.
688	688	SECTION 38. Section 161.058, Agriculture Code, is amended
689	689	to read as follows:
690	690	Sec. 161.058. COMPENSATION OF LIVESTOCK OR FOWL OWNER. (a)
691	691	The department [commission] may pay an indemnity to the owner of
692	692	livestock, domestic fowl, or exotic fowl exposed to or infected
693	693	with a disease if the department [commission] considers it
694	694	necessary to eradicate the disease and to dispose of the exposed or
695	695	diseased livestock, domestic fowl, or exotic fowl. The department
696	696	[commission] shall provide the owner with information regarding
697	697	available state or federal indemnity funds.
698	698	(b) The department [commission] may adopt rules for the
699	699	implementation of this section, including rules governing:
700	700	(1) eligibility for compensation;
701	701	(2) amounts of compensation; and
702	702	(3) limits and restrictions on compensation.
703	703	(c) The department [commission] may spend funds
704	704	appropriated for the purpose of this section only for direct
705	705	payment to owners of exposed or infected livestock, domestic fowl,
706	706	or exotic fowl.
707	707	SECTION 39. Section 161.059, Agriculture Code, is amended
708	708	to read as follows:
709	709	Sec. 161.059. QUALITY ASSURANCE ASSISTANCE. On request of
710	710	an organization representing producers of a commodity in an
711	711	industry regulated by the department [commission], the department
712	712	[commission] may assist in the development, support, and oversight
713	713	of a food safety or quality assurance program, including the
714	714	provision of testing services.
715	715	SECTION 40. Section 161.060, Agriculture Code, is amended
716	716	to read as follows:
717	717	Sec. 161.060. AUTHORITY TO SET AND COLLECT FEES. [(a)] The
718	718	department [commission] may charge a fee, as provided by department
719	719	[commission] rule, for an inspection made by the department
720	720	[commission].
721	721	SECTION 41. Section 161.0601, Agriculture Code, is amended
722	722	to read as follows:
723	723	Sec. 161.0601. CERTIFICATES OF VETERINARY INSPECTION. (a)
724	724	The department [commission] by rule may provide for the issuance,
725	725	including electronically, of a certificate of veterinary
726	726	inspection by a veterinarian to a person transporting livestock,
727	727	exotic livestock, domestic fowl, or exotic fowl.
728	728	(b) The department [commission] by rule shall set and charge
729	729	a fee for each certificate of veterinary inspection provided to a
730	730	veterinarian under this section.
731	731	SECTION 42. Section 161.0602, Agriculture Code, is amended
732	732	to read as follows:
733	733	Sec. 161.0602. PERSONS OR LABORATORIES PERFORMING EQUINE
734	734	INFECTIOUS ANEMIA TESTS. (a) The department [commission] shall
735	735	adopt rules that require a person or laboratory to be approved by
736	736	the department [commission] if the person or laboratory performs an
737	737	official equine infectious anemia test.
738	738	(b) Rules adopted under this section must include:
739	739	(1) approval requirements;
740	740	(2) provisions governing the issuance, renewal, and
741	741	revocation of an approval;
742	742	(3) inspection requirements;
743	743	(4) recordkeeping requirements;
744	744	(5) equine infectious anemia testing methods approved
745	745	by the department [commission]; and
746	746	(6) proficiency standards.
747	747	SECTION 43. Sections 161.0603(b), (c), and (d), Agriculture
748	748	Code, are amended to read as follows:
749	749	(b) This section does not prevent the department
750	750	[commission] from:
751	751	(1) using a laboratory other than the Texas A&M
752	752	Veterinary Medical Diagnostic Laboratory for a test as needed; or
753	753	(2) collecting specimens and performing field tests to
754	754	diagnose animal diseases.
755	755	(c) The department [commission] and the Texas A&M
756	756	Veterinary Medical Diagnostic Laboratory shall enter into a
757	757	memorandum of understanding to:
758	758	(1) establish the laboratory services to be performed
759	759	by the Texas A&M Veterinary Medical Diagnostic Laboratory;
760	760	(2) provide reporting requirements for the Texas A&M
761	761	Veterinary Medical Diagnostic Laboratory on all test requests
762	762	received from the department [commission]; and
763	763	(3) set fees associated with laboratory services
764	764	performed for the department [commission] in amounts sufficient to
765	765	recover the costs of those services.
766	766	(d) The department [commission] and the Texas A&M
767	767	Veterinary Medical Diagnostic Laboratory shall annually review the
768	768	memorandum of understanding under Subsection (c).
769	769	SECTION 44. Sections 161.061(a) and (c), Agriculture Code,
770	770	are amended to read as follows:
771	771	(a) The department [commission] may establish a quarantine
772	772	against all or the portion of a state, territory, or country in
773	773	which a disease listed in rules adopted under Section 161.041
774	774	exists.
775	775	(c) The department [commission] may establish a quarantine
776	776	to prohibit or regulate the movement of:
777	777	(1) any article or animal that the department
778	778	[commission] designates to be a carrier of a disease listed in rules
779	779	adopted under Section 161.041 or a potential carrier of one of those
780	780	diseases, if movement is not otherwise regulated or prohibited; and
781	781	(2) an animal into an affected area, including a
782	782	county district, pasture, lot, ranch, farm, field, range,
783	783	thoroughfare, building, stable, or stockyard pen.
784	784	SECTION 45. Sections 161.0615(a) and (c), Agriculture Code,
785	785	are amended to read as follows:
786	786	(a) The department [commission] may quarantine livestock,
787	787	exotic livestock, domestic fowl, or exotic fowl in all or any part
788	788	of this state as a means of immediately restricting the movement of
789	789	animals potentially infected with disease and shall clearly
790	790	describe the territory included in a quarantine area.
791	791	(c) The department [commission] by rule shall prescribe the
792	792	manner in which notice of a statewide or widespread quarantine
793	793	under this section is to be published.
794	794	SECTION 46. Section 161.062, Agriculture Code, is amended
795	795	to read as follows:
796	796	Sec. 161.062. PUBLICATION OF NOTICE. (a) Except as
797	797	provided by Section 161.0615, the department [commission] shall
798	798	give notice of a quarantine against another state, territory, or
799	799	country by publishing notice in a newspaper published in Texas. The
800	800	quarantine takes effect on the date of publication. The department
801	801	[commission] shall pay the expense of publication out of any
802	802	appropriation made for office and stationery expenses of the
803	803	department [commission].
804	804	(b) The department [commission] shall give notice of a
805	805	quarantine established within this state by publishing notice in a
806	806	newspaper published in the county in which the quarantine is
807	807	established, by posting notice at the courthouse door of that
808	808	county, or by delivering a written notice to the owner or caretaker
809	809	of the animals or places to be quarantined. The department
810	810	[commission] may pay the expense of publication or posting out of
811	811	any appropriation made for the office and stationery expenses of
812	812	the department [commission] or out of any appropriation made for
813	813	the control or eradication of communicable diseases of livestock.
814	814	The commissioners court of a county in which a quarantine is
815	815	established may pay the expenses of publication or posting out of
816	816	any available funds of the county.
817	817	SECTION 47. Sections 161.063(a) and (d), Agriculture Code,
818	818	are amended to read as follows:
819	819	(a) A quarantine notice must state the requirements and
820	820	restrictions under which animals may be permitted to enter this
821	821	state or to be moved from a quarantined area within this state. If
822	822	the seriousness of the disease is sufficient to warrant prohibiting
823	823	the movement of animals, the notice must state that the movement is
824	824	prohibited. The quarantine notice must state the class of persons
825	825	authorized by the department [commission] to issue certificates or
826	826	permits permitting movement.
827	827	(d) If the quarantine regulates or prohibits the movement of
828	828	a carrier or potential carrier of a disease, the department
829	829	[commission] may prescribe any exceptions, terms, conditions, or
830	830	provisions that the department [commission] considers necessary or
831	831	desirable to promote the objectives of this chapter or to minimize
832	832	the economic impact of the quarantine without endangering those
833	833	objectives or the health and safety of the public. Any exceptions,
834	834	terms, conditions, or provisions prescribed under this subsection
835	835	must be stated in the quarantine notice.
836	836	SECTION 48. Sections 161.065(b) and (c), Agriculture Code,
837	837	are amended to read as follows:
838	838	(b) The department [commission] may provide for a written
839	839	certificate or written permit authorizing the movement of
840	840	commodities or animals from quarantined places or the movement of
841	841	quarantined commodities or animals. The certificate or permit must
842	842	be issued by a veterinarian or other person authorized by the
843	843	department [commission] to issue a certificate or permit. Each
844	844	certificate or permit must be issued in conformity with the
845	845	requirements stated in the quarantine notice.
846	846	(c) If the department [commission] finds animals that have
847	847	been moved in violation of a quarantine established under this
848	848	chapter or in violation of any other livestock sanitary law, the
849	849	department [commission] shall quarantine the animals until they
850	850	have been properly treated, vaccinated, tested, or disposed of in
851	851	accordance with the rules of the department [commission].
852	852	SECTION 49. Section 161.081, Agriculture Code, is amended
853	853	to read as follows:
854	854	Sec. 161.081. IMPORTATION OF ANIMALS. (a) The department
855	855	[commission] by rule may regulate the movement, including movement
856	856	by a railroad company or other common carrier, of livestock, exotic
857	857	livestock, domestic animals, domestic fowl, or exotic fowl into
858	858	this state from another state, territory, or country.
859	859	(b) The department [commission] by rule may provide the
860	860	method for inspecting and testing animals before and after entry
861	861	into this state.
862	862	(c) The department [commission] by rule may provide for the
863	863	issuance and form of health certificates and entry permits. The
864	864	rules may include standards for determining which veterinarians of
865	865	this state, other states, and departments of the federal government
866	866	are authorized to issue the certificates or permits.
867	867	SECTION 50. Section 161.101, Agriculture Code, is amended
868	868	to read as follows:
869	869	Sec. 161.101. DUTY TO REPORT. (a) A veterinarian, a
870	870	veterinary diagnostic laboratory, or a person having care, custody,
871	871	or control of an animal shall report to the department [commission]
872	872	the existence of diseases listed in rules adopted by the department
873	873	[commission] among livestock, exotic livestock, bison, domestic
874	874	fowl, or exotic fowl within 24 hours after diagnosis of the disease.
875	875	The department [commission] shall adopt and periodically update
876	876	rules listing the diseases that the department [commission]
877	877	determines require reporting under this section. Section
878	878	2001.0045, Government Code, does not apply to rules adopted under
879	879	this subsection.
880	880	(b) In addition to reporting required by Subsection (a), the
881	881	department [commission] may adopt rules that require a
882	882	veterinarian, a veterinary diagnostic laboratory, or a person
883	883	having care, custody, or control of an animal to report the
884	884	existence of a disease other than bluetongue in an animal to the
885	885	department [commission] within 24 hours after diagnosis if the
886	886	disease:
887	887	(1) is recognized by the United States Department of
888	888	Agriculture as:
889	889	(A) a foreign animal disease; or
890	890	(B) a reportable animal disease;
891	891	(2) is the subject of a cooperative eradication
892	892	program with the United States Department of Agriculture;
893	893	(3) is an animal disease reportable to the World
894	894	Organisation for Animal Health; or
895	895	(4) is the subject of a state of emergency, as declared
896	896	by the governor.
897	897	(c) The department [commission] may adopt rules that
898	898	require a veterinarian, a veterinary diagnostic laboratory, or a
899	899	person having care, custody, or control of an animal to report a
900	900	disease not covered by Subsection (a) or (b) if the department
901	901	[commission] determines that action to be necessary for the
902	902	protection of animal health in this state. The department
903	903	[commission] shall immediately deliver a copy of a rule adopted
904	904	under this subsection to the appropriate legislative oversight
905	905	committees.
906	906	(d) The department [commission] may not adopt, amend, or
907	907	repeal a rule under this section unless the department [commission]
908	908	holds a public hearing on the proposed action following public
909	909	notice of the hearing.
910	910	SECTION 51. Section 161.102, Agriculture Code, is amended
911	911	to read as follows:
912	912	Sec. 161.102. SUBMISSION OF SPECIMEN OF ANTHRAX VICTIM.
913	913	Immediately after pronouncing that an animal has died from anthrax,
914	914	as evidenced by a clinical or postmortem examination, a
915	915	veterinarian shall prepare and submit to the department
916	916	[commission] or a laboratory approved by the department
917	917	[commission]:
918	918	(1) a suitable specimen from the animal;
919	919	(2) the name and address of the owner or caretaker of
920	920	the animal; and
921	921	(3) the location of the premises on which the animal
922	922	died.
923	923	SECTION 52. Section 161.112, Agriculture Code, is amended
924	924	to read as follows:
925	925	Sec. 161.112. RULES. (a) Following notice and public
926	926	hearing, the department [commission] shall adopt rules relating to
927	927	the movement of livestock, exotic livestock, and exotic fowl from
928	928	livestock markets and shall require tests, immunization, or
929	929	treatment as necessary to protect against the spread of
930	930	communicable diseases.
931	931	(b) Following notice and public hearing, the department
932	932	[commission] may adopt rules requiring permits for moving exotic
933	933	livestock and exotic fowl from livestock markets as necessary to
934	934	protect against the spread of communicable diseases.
935	935	SECTION 53. Section 161.113, Agriculture Code, is amended
936	936	to read as follows:
937	937	Sec. 161.113. TESTING, TREATMENT, OR VACCINATION OF
938	938	LIVESTOCK. (a) The department [commission] shall adopt rules for
939	939	testing, treatment, or vaccination under this subchapter. The
940	940	state may not be required to pay the cost of fees charged for the
941	941	testing, treatment, or vaccination.
942	942	(b) If the department [commission] requires the dipping of
943	943	livestock under this subchapter, the livestock shall be treated in
944	944	a manner prescribed by department rule [of the commission].
945	945	(c) The department [commission] may require the owner or
946	946	operator of a livestock market to furnish adequate equipment or
947	947	facilities or have access to essential equipment or facilities
948	948	within the immediate vicinity of the livestock market.
949	949	SECTION 54. Section 161.115, Agriculture Code, is amended
950	950	to read as follows:
951	951	Sec. 161.115. ENTRY POWER. An agent of the department
952	952	[commission] is entitled to enter any livestock market for the
953	953	exercise of authority or performance of a duty under this
954	954	subchapter.
955	955	SECTION 55. Sections 161.116(a), (b), (d), (e), and (g),
956	956	Agriculture Code, are amended to read as follows:
957	957	(a) In this section [action], "diseased" means affected by
958	958	actinobacillosis, actinomycosis, carcinoma, mastitis, or any other
959	959	disease that renders the carcass of an animal potentially dangerous
960	960	for human consumption and has been so designated by department rule
961	961	[of the commission].
962	962	(b) Except as provided by Subsection (c) [of this section],
963	963	a person may not sell diseased cattle unless:
964	964	(1) the cattle are sold through a livestock market
965	965	where visual examination of livestock is made by an agent of the
966	966	department [commission] or by the United States Department of
967	967	Agriculture; or
968	968	(2) the cattle are sold by a recognized slaughtering
969	969	establishment maintaining federal, state, or state-approved
970	970	veterinary postmortem inspection.
971	971	(d) A person may not release diseased cattle from a
972	972	livestock market unless the cattle are:
973	973	(1) consigned directly to a federally approved
974	974	terminal market or to a slaughtering establishment maintaining
975	975	federal, state, or state-approved veterinary postmortem
976	976	inspection; and
977	977	(2) accompanied by a certificate or permit issued by a
978	978	representative of the department [commission] or the United States
979	979	Department of Agriculture naming the terminal market or
980	980	slaughtering establishment.
981	981	(e) This section does not prevent the original owner of
982	982	diseased cattle, or an agent of the owner, from voiding the sale of
983	983	the cattle if the owner is not satisfied with the top bid price, but
984	984	the owner shall obtain a certificate or permit under Subsection (d)
985	985	[of this section] and shall deliver the cattle to the place
986	986	specified on the certificate or permit. A person is not liable for
987	987	a violation of this subsection unless the agent of the department
988	988	[commission] shows the person a list of approved establishments to
989	989	which the cattle may be consigned and allows the person to select an
990	990	establishment from that list.
991	991	(g) A person may not release diseased cattle from a terminal
992	992	market or slaughtering establishment to which the cattle have been
993	993	consigned under a certificate or permit issued under Subsection (d)
994	994	[of this section] except on authority of the department
995	995	[commission].
996	996	SECTION 56. Section 161.134, Agriculture Code, is amended
997	997	to read as follows:
998	998	Sec. 161.134. PROOF OF TREATMENT OR VACCINATION. In the
999	999	trial of any case involving the compliance of an owner or caretaker
1000	1000	with a provision of this chapter requiring the treatment or
1001	1001	vaccination of livestock, a person may not attempt to prove that the
1002	1002	action was taken by a person other than an authorized
1003	1003	representative of the department [commission].
1004	1004	SECTION 57. Section 161.136(a), Agriculture Code, is
1005	1005	amended to read as follows:
1006	1006	(a) A person commits an offense if, without a certificate
1007	1007	required by department rule [of the commission] under Section
1008	1008	161.043 [of this code], the person:
1009	1009	(1) enters livestock, exotic livestock, domestic
1010	1010	animals, domestic fowl, or exotic fowl into an exhibition, show, or
1011	1011	fair; or
1012	1012	(2) brings livestock, exotic livestock, domestic
1013	1013	animals, domestic fowl, or exotic fowl on the grounds of an
1014	1014	exhibition, show, or fair for the purpose of entering.
1015	1015	SECTION 58. Section 161.137(a), Agriculture Code, is
1016	1016	amended to read as follows:
1017	1017	(a) A person commits an offense if the person:
1018	1018	(1) removes livestock from a stockyard or railway
1019	1019	shipping pen without a certificate required by department rule [of
1020	1020	the commission] under Section 161.044 [of this code]; or
1021	1021	(2) as the owner or person in charge of the stockyard
1022	1022	or pen, permits the removal of livestock under Subdivision (1) [of
1023	1023	this section].
1024	1024	SECTION 59. Section 161.1375(a), Agriculture Code, is
1025	1025	amended to read as follows:
1026	1026	(a) A person commits an offense if the person recklessly:
1027	1027	(1) moves feral swine in a manner that is not in
1028	1028	compliance with department rules adopted [by the commission] under
1029	1029	Section 161.0412 or 161.054; or
1030	1030	(2) as the owner or person in charge of a holding
1031	1031	facility in which a feral swine is held, permits another to remove
1032	1032	feral swine from the holding facility in a manner that is not in
1033	1033	compliance with those rules.
1034	1034	SECTION 60. Section 161.138(a), Agriculture Code, is
1035	1035	amended to read as follows:
1036	1036	(a) A person commits an offense if the person refuses to
1037	1037	permit a representative of the department [commission] to enter
1038	1038	property or premises of which the person is the owner, tenant, or
1039	1039	caretaker for the purpose of carrying out a provision of this
1040	1040	chapter.
1041	1041	SECTION 61. Section 161.139(a), Agriculture Code, is
1042	1042	amended to read as follows:
1043	1043	(a) A person commits an offense if the person:
1044	1044	(1) refuses to permit inspection of animals under
1045	1045	Section 161.048 [of this code]; or
1046	1046	(2) fails to stop a truck, trailer, wagon, or
1047	1047	automobile suspected of carrying animals or animal products if
1048	1048	requested or signaled to do so by an agent of the department
1049	1049	[commission].
1050	1050	SECTION 62. Section 161.140(a), Agriculture Code, is
1051	1051	amended to read as follows:
1052	1052	(a) A person commits an offense if the person:
1053	1053	(1) refuses to allow the department [commission] or an
1054	1054	agent of the department [commission] to examine an animal or all or
1055	1055	part of an animal carcass that is owned by or possessed by the
1056	1056	person and that the department [commission] or agent has reason to
1057	1057	believe is affected by a communicable disease; or
1058	1058	(2) hinders or obstructs the department [commission]
1059	1059	or its agent in an examination under Subdivision (1) [of this
1060	1060	subsection].
1061	1061	SECTION 63. Section 161.1405(a), Agriculture Code, is
1062	1062	amended to read as follows:
1063	1063	(a) A person who is the owner or caretaker of livestock,
1064	1064	exotic livestock, fowl, or exotic fowl commits an offense if the
1065	1065	person knowingly refuses to gather the animals for testing,
1066	1066	identification, inspection, or another procedure required by
1067	1067	department [commission] rule.
1068	1068	SECTION 64. Sections 161.143(a) and (c), Agriculture Code,
1069	1069	are amended to read as follows:
1070	1070	(a) A person, including a railroad company or other common
1071	1071	carrier, commits an offense if the person knowingly moves an animal
1072	1072	into this state in violation of a department rule [of the
1073	1073	commission] adopted under Section 161.081 [of this code].
1074	1074	(c) A person commits a separate offense for each animal
1075	1075	moved in violation of a department rule [of the commission].
1076	1076	SECTION 65. Sections 161.146(a) and (b), Agriculture Code,
1077	1077	are amended to read as follows:
1078	1078	(a) A person commits an offense if the person, as the owner
1079	1079	or operator of a livestock market, fails or refuses to furnish
1080	1080	adequate facilities in accordance with Section 161.113(c) [of this
1081	1081	code] or fails or refuses to permit an agent of the department
1082	1082	[commission] to enter the market, exercise an authority, or perform
1083	1083	a duty under Subchapter G [of this chapter]. A person commits a
1084	1084	separate offense for each day of failure or refusal.
1085	1085	(b) A person commits an offense if the person removes
1086	1086	livestock from a livestock market without a certificate required by
1087	1087	department rule [of the commission] adopted under Subchapter G [of
1088	1088	this chapter].
1089	1089	SECTION 66. Sections 161.148(a), (d), (e), (f), (g), (h),
1090	1090	(i), (j), (k), (l), (m), and (n), Agriculture Code, are amended to
1091	1091	read as follows:
1092	1092	(a) The department [commission] may impose an
1093	1093	administrative penalty on a person who violates this subtitle or a
1094	1094	rule or order adopted under this subtitle.
1095	1095	(d) If the department [An executive director who]
1096	1096	determines that a violation has occurred, the department may issue
1097	1097	[to the commission] a report that states the facts on which the
1098	1098	determination is based and the department's [director's]
1099	1099	recommendation on the imposition of a penalty, including a
1100	1100	recommendation on the amount of the penalty.
1101	1101	(e) Within 14 days after the date the report is issued, the
1102	1102	department [executive director] shall give written notice of the
1103	1103	report to the person. The notice may be given by certified mail.
1104	1104	The notice must include a brief summary of the alleged violation and
1105	1105	a statement of the amount of the recommended penalty and must inform
1106	1106	the person that the person has a right to a hearing on the
1107	1107	occurrence of the violation, the amount of the penalty, or both the
1108	1108	occurrence of the violation and the amount of the penalty.
1109	1109	(f) Within 20 days after the date the person receives the
1110	1110	notice, the person in writing may accept the determination and
1111	1111	recommended penalty of the department [executive director] or may
1112	1112	make a written request for a hearing on the occurrence of the
1113	1113	violation, the amount of the penalty, or both the occurrence of the
1114	1114	violation and the amount of the penalty.
1115	1115	(g) If the person accepts the determination and recommended
1116	1116	penalty of the department [executive director], the department
1117	1117	[commission] by order shall approve the determination and impose
1118	1118	the recommended penalty.
1119	1119	(h) If the person requests a hearing or fails to respond
1120	1120	timely to the notice, an administrative law judge of the State
1121	1121	Office of Administrative Hearings [the executive director] shall
1122	1122	set a hearing and the department shall give notice of the hearing to
1123	1123	the person. The hearing shall be held by the [an] administrative
1124	1124	law judge [of the State Office of Administrative Hearings]. The
1125	1125	administrative law judge shall make findings of fact and
1126	1126	conclusions of law and promptly issue to the department
1127	1127	[commission] a proposal for a decision about the occurrence of the
1128	1128	violation and the amount of a proposed penalty. Based on the
1129	1129	findings of fact, conclusions of law, and proposal for a decision,
1130	1130	the department [commission] by order may find that a violation has
1131	1131	occurred and impose a penalty or may find that no violation
1132	1132	occurred.
1133	1133	(i) The notice of the department's [commission's] order
1134	1134	given to the person under Chapter 2001, Government Code, must
1135	1135	include a statement of the right of the person to judicial review of
1136	1136	the order.
1137	1137	(j) Within 30 days after the date the department's
1138	1138	[commission's] order becomes final as provided by Section 2001.144,
1139	1139	Government Code, the person shall:
1140	1140	(1) pay the amount of the penalty;
1141	1141	(2) pay the amount of the penalty and file a petition
1142	1142	for judicial review contesting the occurrence of the violation, the
1143	1143	amount of the penalty, or both the occurrence of the violation and
1144	1144	the amount of the penalty; or
1145	1145	(3) without paying the amount of the penalty, file a
1146	1146	petition for judicial review contesting the occurrence of the
1147	1147	violation, the amount of the penalty, or both the occurrence of the
1148	1148	violation and the amount of the penalty.
1149	1149	(k) Within the 30-day period, a person who acts under
1150	1150	Subsection (j)(3) [of this section] may:
1151	1151	(1) stay enforcement of the penalty by:
1152	1152	(A) paying the amount of the penalty to the court
1153	1153	for placement in an escrow account; or
1154	1154	(B) giving to the court a supersedeas bond that
1155	1155	is approved by the court for the amount of the penalty and that is
1156	1156	effective until all judicial review of the department's [board's]
1157	1157	order is final; or
1158	1158	(2) request the court to stay enforcement of the
1159	1159	penalty by:
1160	1160	(A) filing with the court a sworn affidavit of
1161	1161	the person stating that the person is financially unable to pay the
1162	1162	amount of the penalty and is financially unable to give the
1163	1163	supersedeas bond; and
1164	1164	(B) giving a copy of the affidavit to the
1165	1165	department [executive director] by certified mail.
1166	1166	(l) The department, on receipt of [An executive director who
1167	1167	receives] a copy of an affidavit under Subsection (k)(2), [of this
1168	1168	section] may file with the court[,] within five days after the date
1169	1169	the copy is received[,] a contest to the affidavit. The court shall
1170	1170	hold a hearing on the facts alleged in the affidavit as soon as
1171	1171	practicable and shall stay the enforcement of the penalty on
1172	1172	finding that the alleged facts are true. The person who files an
1173	1173	affidavit has the burden of proving that the person is financially
1174	1174	unable to pay the amount of the penalty and to give a supersedeas
1175	1175	bond.
1176	1176	(m) If the person does not pay the amount of the penalty and
1177	1177	the enforcement of the penalty is not stayed, the department
1178	1178	[executive director] may refer the matter to the attorney general
1179	1179	for collection of the amount of the penalty.
1180	1180	(n) Judicial review of the order of the department
1181	1181	[commission]:
1182	1182	(1) is instituted by filing a petition as provided by
1183	1183	Subchapter G, Chapter 2001, Government Code; and
1184	1184	(2) is under the substantial evidence rule.
1185	1185	SECTION 67. Section 162.001(a), Agriculture Code, is
1186	1186	amended to read as follows:
1187	1187	(a) In this chapter, "caretaker" means a caretaker of an
1188	1188	animal as described[:
1189	1189	[(1) "Caretaker" has the meaning assigned] by Section
1190	1190	161.002 [of this code].
1191	1191	[(2) "Commission" means the Texas Animal Health
1192	1192	Commission.]
1193	1193	SECTION 68. Section 162.002, Agriculture Code, is amended
1194	1194	to read as follows:
1195	1195	Sec. 162.002. COOPERATIVE PROGRAM. (a) The department
1196	1196	[commission] may cooperate with the United States Department of
1197	1197	Agriculture and the county commissioners courts in a cooperative
1198	1198	program for the eradication of tuberculosis among cattle and the
1199	1199	establishment of areas based on prevalence of the disease.
1200	1200	(b) The commissioners court of each county may cooperate
1201	1201	with the department [commission] and the United States Department
1202	1202	of Agriculture in a cooperative program under this chapter, but
1203	1203	shall cooperate if presented with a petition signed by at least 75
1204	1204	percent of the owners of cattle in the county as shown by the county
1205	1205	tax rolls.
1206	1206	SECTION 69. Section 162.003, Agriculture Code, is amended
1207	1207	to read as follows:
1208	1208	Sec. 162.003. TESTING. The department [commission] by rule
1209	1209	shall prescribe the manner, method, and system of testing cattle
1210	1210	for tuberculosis under a cooperative program.
1211	1211	SECTION 70. Section 162.004, Agriculture Code, is amended
1212	1212	to read as follows:
1213	1213	Sec. 162.004. CERTIFICATE OF TEST OR VACCINATION OF CATTLE
1214	1214	OR OTHER ANIMALS. (a) For each tuberculosis test performed on
1215	1215	cattle, hogs, or fowl, a veterinarian shall file a certificate with
1216	1216	the department [commission] that identifies the animals tested and
1217	1217	shows:
1218	1218	(1) the name and post office address of the owner;
1219	1219	(2) the location of the premises and the animals;
1220	1220	(3) the date of the test;
1221	1221	(4) the kind of test conducted;
1222	1222	(5) the result of the test; and
1223	1223	(6) whether the test was an interstate, accredited
1224	1224	herd, municipal, or private test.
1225	1225	(b) For each vaccination of hogs, a veterinarian shall file
1226	1226	a certificate with the department [commission] that shows:
1227	1227	(1) the name and post office address of the owner;
1228	1228	(2) the location of the premises;
1229	1229	(3) the number of hogs vaccinated; and
1230	1230	(4) the amount and serial number of the serum and virus
1231	1231	or other biologics used.
1232	1232	(c) A certificate under this section must be:
1233	1233	(1) in a form prescribed by the department
1234	1234	[commission]; and
1235	1235	(2) sent to the department [commission] within the
1236	1236	time prescribed by the department [commission] by rule.
1237	1237	SECTION 71. Section 162.005, Agriculture Code, is amended
1238	1238	to read as follows:
1239	1239	Sec. 162.005. IDENTIFICATION OF CATTLE. If cattle examined
1240	1240	by a veterinarian show a positive reaction to the tuberculin test or
1241	1241	show evidence of tuberculosis infection by clinical or laboratory
1242	1242	examination, the veterinarian shall:
1243	1243	(1) comply with any identification requirements of the
1244	1244	department [commission]; and
1245	1245	(2) not later than 48 hours after the identification,
1246	1246	report the identification to the department [commission], together
1247	1247	with the location, description, and number of animals identified.
1248	1248	SECTION 72. Sections 162.006(a) and (b), Agriculture Code,
1249	1249	are amended to read as follows:
1250	1250	(a) The department [commission] shall immediately
1251	1251	quarantine cattle and the premises on which the cattle are located
1252	1252	if the cattle show a positive reaction when tested for tuberculosis
1253	1253	by a veterinarian recognized by the department [commission] for
1254	1254	that purpose.
1255	1255	(b) Before the establishment of a quarantine a person may
1256	1256	not move the cattle that show a positive reaction from the enclosure
1257	1257	in which they were located at the time of testing, and may not sell,
1258	1258	trade, barter, grant, or loan those animals. After a quarantine is
1259	1259	established, a person may not move any cattle from the quarantined
1260	1260	premises without first obtaining a written permit from the
1261	1261	department [commission].
1262	1262	SECTION 73. Section 162.009, Agriculture Code, is amended
1263	1263	to read as follows:
1264	1264	Sec. 162.009. TUBERCULOSIS MODIFIED ACCREDITED ADVANCED
1265	1265	AND TUBERCULOSIS FREE AREAS. (a) As part of a cooperative program,
1266	1266	the department [commission] or its representative may examine,
1267	1267	test, and retest any cattle in this state as necessary to maintain
1268	1268	an area of this state as a tuberculosis modified accredited
1269	1269	advanced area or to establish or maintain each area of this state as
1270	1270	a tuberculosis free area under the uniform methods and rules of the
1271	1271	United States Department of Agriculture and the rules of the
1272	1272	department [commission].
1273	1273	(b) The department [commission] or its representative may
1274	1274	test or retest all or part of a herd of cattle at intervals
1275	1275	considered necessary or advisable by the department [commission] to
1276	1276	control and eliminate tuberculosis in animals.
1277	1277	SECTION 74. Section 162.010, Agriculture Code, is amended
1278	1278	to read as follows:
1279	1279	Sec. 162.010. DUTY OF OWNER OR CARETAKER TO ASSIST; NOTICE.
1280	1280	(a) On written notice by the department [commission] or its
1281	1281	representative, the owner, part owner, or caretaker of cattle shall
1282	1282	assemble and submit the cattle for tuberculosis examination and
1283	1283	testing. The notice must set the date and approximate time the
1284	1284	cattle are to be tested and must be delivered by registered mail not
1285	1285	later than the 10th day before that date.
1286	1286	(b) The person receiving the notice shall provide
1287	1287	reasonable assistance in confining the cattle and providing
1288	1288	facilities for proper administration of the test. The person shall
1289	1289	return the cattle to the same place for observation at a time
1290	1290	designated by the department [commission] or its representative.
1291	1291	SECTION 75. Section 162.013(a), Agriculture Code, is
1292	1292	amended to read as follows:
1293	1293	(a) A person commits an offense if, as the owner, part
1294	1294	owner, or caretaker of cattle, the person fails or refuses to
1295	1295	assemble the cattle or to provide assistance in accordance with
1296	1296	Section 162.010 [of this code] at the time and place provided in the
1297	1297	notice issued by the department [commission].
1298	1298	SECTION 76. Section 162.014(a), Agriculture Code, is
1299	1299	amended to read as follows:
1300	1300	(a) The following agencies, colleges, and services jointly
1301	1301	shall conduct a review of the state's current programs to research,
1302	1302	control, and eradicate animal tuberculosis in both traditional and
1303	1303	nontraditional farm and ranch animals:
1304	1304	(1) the department [commission];
1305	1305	(2) [the Department of Agriculture;
1306	1306	[(3) the] Texas A&M AgriLife Research [Agricultural
1307	1307	Experiment Station];
1308	1308	(3) [(4)] the Texas A&M AgriLife [Agricultural]
1309	1309	Extension Service;
1310	1310	(4) [(5) the Texas Animal Damage Control Service;
1311	1311	[(6)] the [Texas] Department of State Health Services;
1312	1312	(5) The Texas A&M University [(7) the] College of
1313	1313	Veterinary Medicine[, Texas A&M University]; and
1314	1314	(6) [(8)] the Texas A&M Veterinary Medical Diagnostic
1315	1315	Laboratory.
1316	1316	SECTION 77. Section 163.001(a), Agriculture Code, is
1317	1317	amended to read as follows:
1318	1318	(a) In this chapter, "caretaker" means a caretaker of an
1319	1319	animal as described[:
1320	1320	[(1) "Caretaker" has the meaning assigned] by Section
1321	1321	161.002 [of this code].
1322	1322	[(2) "Commission" means the Texas Animal Health
1323	1323	Commission.]
1324	1324	SECTION 78. Section 163.002, Agriculture Code, is amended
1325	1325	to read as follows:
1326	1326	Sec. 163.002. COOPERATIVE PROGRAM. In order to bring about
1327	1327	effective control of bovine brucellosis, to allow Texas cattle to
1328	1328	move in interstate and international commerce with the fewest
1329	1329	possible restrictions, and to accomplish those purposes in the most
1330	1330	effective, practical, and expeditious manner, the department
1331	1331	[commission] may enforce this chapter and enter into cooperative
1332	1332	agreements with the United States Department of Agriculture.
1333	1333	SECTION 79. Section 163.003, Agriculture Code, is amended
1334	1334	to read as follows:
1335	1335	Sec. 163.003. FEES. The department [commission] may
1336	1336	establish fees in amounts necessary to cover the cost of
1337	1337	administering this chapter when combined with funds received from
1338	1338	other sources.
1339	1339	SECTION 80. Section 163.021, Agriculture Code, is amended
1340	1340	to read as follows:
1341	1341	Sec. 163.021. CLASSIFICATION OF AREAS. (a) The department
1342	1342	[commission] by rule may prescribe criteria for classifying areas
1343	1343	in the state for purposes of brucellosis control. The department
1344	1344	[commission] may prescribe differing control measures and
1345	1345	procedures according to the classification of the areas. The
1346	1346	classifications shall be based on criteria that use sound
1347	1347	epidemiological principles and are similar to the criteria provided
1348	1348	by federal brucellosis control regulations.
1349	1349	(b) The department [commission] by rule may designate as a
1350	1350	particular classification any area consisting of one county or two
1351	1351	or more contiguous counties. The designation of an area for state
1352	1352	purposes need not be the same as the designation of the area for
1353	1353	federal purposes.
1354	1354	SECTION 81. Section 163.061, Agriculture Code, is amended
1355	1355	to read as follows:
1356	1356	Sec. 163.061. RULES; REPORTS. Following notice and a
1357	1357	hearing, the department [commission] may adopt rules and require
1358	1358	reports and records as necessary to carry out Subchapters A, B, and
1359	1359	D [A-D of this chapter], including rules, reports, and records that
1360	1360	relate to the testing or vaccination of cattle or to the movement of
1361	1361	cattle into and within an area.
1362	1362	SECTION 82. Section 163.062, Agriculture Code, is amended
1363	1363	to read as follows:
1364	1364	Sec. 163.062. EMPLOYEES. The department [commission] may
1365	1365	employ personnel, including veterinarians, inspectors,
1366	1366	stenographers, and clerks, as necessary to the enforcement of
1367	1367	Subchapter A, B, or D [Subchapters A-D of this chapter] or the
1368	1368	performance of duties under those subchapters. The department
1369	1369	[commission] may assign to those employees any duty under those
1370	1370	subchapters.
1371	1371	SECTION 83. Section 163.063, Agriculture Code, is amended
1372	1372	to read as follows:
1373	1373	Sec. 163.063. ENTRY POWER. (a) A representative of the
1374	1374	department [commission, including a member of the commission,] is
1375	1375	entitled to enter any public or private property for the exercise of
1376	1376	authority or performance of a duty under Subchapter A, B, or D
1377	1377	[Subchapters A-D of this chapter].
1378	1378	(b) A representative of the department [commission] under
1379	1379	Subsection (a) [of this section] who desires to be accompanied by a
1380	1380	peace officer may apply for and be issued a search warrant in the
1381	1381	manner provided by Section 161.047 [of this code].
1382	1382	SECTION 84. Section 163.064, Agriculture Code, is amended
1383	1383	to read as follows:
1384	1384	Sec. 163.064. TESTING AND VACCINATION. (a) Only a person
1385	1385	approved by the department [commission] may perform testing and
1386	1386	vaccinating for brucellosis, regardless of whether the person is a
1387	1387	veterinarian.
1388	1388	(b) The department [commission] by rule shall prescribe
1389	1389	criteria for classifying cattle as negative, infected with
1390	1390	brucellosis, or suspected of being infected with brucellosis. Each
1391	1391	classification must be based on the testing of cattle. The testing
1392	1392	may include serological testing, microbiological culturing of
1393	1393	blood, tissue, secretions, or excretions, or both.
1394	1394	(c) The department [commission] may by rule regulate and
1395	1395	require the vaccination of female cattle within all or any of the
1396	1396	area classifications. Among other rules, the department
1397	1397	[commission] may adopt rules providing for:
1398	1398	(1) the identification of cattle to be vaccinated;
1399	1399	(2) approval of the vaccine used; and
1400	1400	(3) the method of administering the vaccine.
1401	1401	(d) The department [commission] by rule may regulate the
1402	1402	sale and use of brucellosis antigens and vaccines. A person may not
1403	1403	sell a brucellosis antigen or vaccine unless the antigen or vaccine
1404	1404	is approved by the department [commission]. A person may not
1405	1405	administer a brucellosis antigen or vaccine unless the antigen or
1406	1406	vaccine is approved by the department [commission] and the person
1407	1407	is authorized by the department [commission] to administer the
1408	1408	antigen or vaccine.
1409	1409	SECTION 85. Section 163.065, Agriculture Code, is amended
1410	1410	to read as follows:
1411	1411	Sec. 163.065. BRANDING AND HANDLING OF DISEASED CATTLE.
1412	1412	(a) If a tested animal shows evidence of infection with
1413	1413	brucellosis, the person performing the test shall handle the animal
1414	1414	in accordance with department [the] rules [of the commission]. The
1415	1415	department [commission] may prescribe requirements according to
1416	1416	the classification of the area in which the animal is located.
1417	1417	Among other requirements, the department [commission] may require
1418	1418	the person performing the test to:
1419	1419	(1) furnish the owner of the animal with written data
1420	1420	showing that the animal is infected;
1421	1421	(2) fire brand the animal on the left jaw with the
1422	1422	letter "B";
1423	1423	(3) place an approved, numbered identification on the
1424	1424	animal; and
1425	1425	(4) report the identification number in writing to the
1426	1426	department [commission].
1427	1427	(b) If an animal shows evidence of infection, the herd of
1428	1428	which it is a part shall also be handled in accordance with
1429	1429	department [the] rules [of the commission], which may provide for:
1430	1430	(1) quarantines;
1431	1431	(2) the manner, method, and system of disposing of
1432	1432	reactor cattle;
1433	1433	(3) the testing and retesting of the herd; or
1434	1434	(4) other measures, such as quarantine only, where the
1435	1435	animals from the herd are sold exclusively for slaughter and where
1436	1436	the department's [commission's] rules are in compliance with the
1437	1437	current requirements of the Brucellosis Eradication Uniform
1438	1438	Methods and Rules of the cooperative state-federal brucellosis
1439	1439	eradication program.
1440	1440	SECTION 86. Section 163.066, Agriculture Code, is amended
1441	1441	to read as follows:
1442	1442	Sec. 163.066. REGULATION OF MOVEMENT OF CATTLE; EXCEPTION.
1443	1443	(a) As a control measure, the department [commission] by rule may
1444	1444	regulate the movement of cattle. The department [commission] may
1445	1445	restrict the intrastate movement of cattle even though the movement
1446	1446	of the cattle is unrestricted in interstate or international
1447	1447	commerce. The department [commission] may require testing,
1448	1448	vaccination, or another procedure that is epidemiologically sound
1449	1449	before or following the movement of cattle.
1450	1450	(b) The department [commission] may not adopt a rule that
1451	1451	prohibits a person from moving cattle owned by that person within
1452	1452	unquarantined contiguous lands owned or controlled by that person.
1453	1453	(c) Any restriction on the movement of cattle imposed under
1454	1454	provisions of this chapter may be modified or set aside by the
1455	1455	department [commission] upon application by the cattle owner,
1456	1456	provided that the owner can show impending unusual hardship
1457	1457	resulting from such restriction. Contributory factors may include
1458	1458	but are not limited to prolonged drought, inadequacy of pasturage
1459	1459	or usual feed supply resulting from disaster or other unforeseeable
1460	1460	circumstance, or economic hardship of the cattle owner; provided
1461	1461	that individual animals under restriction shall be handled in a
1462	1462	manner to be prescribed by the department [commission].
1463	1463	SECTION 87. Section 163.069, Agriculture Code, is amended
1464	1464	to read as follows:
1465	1465	Sec. 163.069. INDIVIDUAL HERD PLANS. (a) The department
1466	1466	[commission] by rule may provide for the handling and treatment of
1467	1467	individual herds in which testing or epidemiology has produced
1468	1468	evidence of infection or which was adjacent to a herd in which
1469	1469	infection is found. Each plan shall be designed to aid the
1470	1470	caretaker of the herd in preventing or reducing spread of the
1471	1471	infection and in eliminating the infection.
1472	1472	(b) Each herd plan must be based on sound epidemiological
1473	1473	principles and the classification of the area in which the herd is
1474	1474	located. In prescribing a herd plan, the department [commission]
1475	1475	may consider, among other items:
1476	1476	(1) the risk of the infection spreading to other
1477	1477	herds;
1478	1478	(2) the cost to other herd owners resulting from
1479	1479	spread of the infection;
1480	1480	(3) the extent of infection and of possible exposure
1481	1481	within the herd;
1482	1482	(4) the type of cattle operation conducted by the
1483	1483	herd's caretaker; and
1484	1484	(5) the conditions affecting the economics and
1485	1485	management of the herd.
1486	1486	SECTION 88. Section 163.070, Agriculture Code, is amended
1487	1487	to read as follows:
1488	1488	Sec. 163.070. REQUIRED ASSISTANCE. If ordered by the
1489	1489	department [commission] or its representative, the owner or
1490	1490	caretaker of cattle shall submit the cattle and furnish labor and
1491	1491	facilities used in normal operation in order that the cattle may be
1492	1492	tested, vaccinated, or otherwise handled in accordance with
1493	1493	department [the] rules [of the commission].
1494	1494	SECTION 89. Sections 163.072(a) and (b), Agriculture Code,
1495	1495	are amended to read as follows:
1496	1496	(a) The department [commission] may require slaughter
1497	1497	plants to collect and submit blood samples for brucellosis testing.
1498	1498	(b) The department [commission] by rule shall determine the
1499	1499	method of collecting, submitting, and testing of blood samples.
1500	1500	SECTION 90. Section 163.081(a), Agriculture Code, is
1501	1501	amended to read as follows:
1502	1502	(a) A person commits an offense if the person refuses to
1503	1503	vaccinate a female calf owned by that person in accordance with
1504	1504	department [the] rules [of the commission].
1505	1505	SECTION 91. Section 163.083(a), Agriculture Code, is
1506	1506	amended to read as follows:
1507	1507	(a) A person commits an offense if the person refuses to
1508	1508	permit a representative of the department [commission] to enter
1509	1509	property or premises of which the person is the owner, tenant, or
1510	1510	caretaker for the purposes of carrying out a provision of this
1511	1511	chapter.
1512	1512	SECTION 92. The heading to Section 163.084, Agriculture
1513	1513	Code, is amended to read as follows:
1514	1514	Sec. 163.084. MOVEMENT OF CATTLE IN VIOLATION OF DEPARTMENT
1515	1515	[COMMISSION] RULE.
1516	1516	SECTION 93. Section 163.084(a), Agriculture Code, is
1517	1517	amended to read as follows:
1518	1518	(a) A person, including a railway or a common carrier,
1519	1519	commits an offense if the person knowingly moves an animal in
1520	1520	violation of a department rule [of the commission].
1521	1521	SECTION 94. Section 163.085(a), Agriculture Code, is
1522	1522	amended to read as follows:
1523	1523	(a) A person commits an offense if the person knowingly
1524	1524	refuses to handle in accordance with department [the] rules [of the
1525	1525	commission] an animal that the department [commission] has
1526	1526	classified as infected with brucellosis.
1527	1527	SECTION 95. Section 164.002(d), Agriculture Code, is
1528	1528	amended to read as follows:
1529	1529	(d) If an inspector determines that a scabies infection
1530	1530	exists among cattle, sheep, or goats or that cattle, sheep, or goats
1531	1531	have been exposed to scabies, the infection or exposure is
1532	1532	considered to continue until the department [commission]
1533	1533	determines that the infection or exposure has been eradicated
1534	1534	through methods prescribed by department rule [of the commission].
1535	1535	SECTION 96. Section 164.003(a), Agriculture Code, is
1536	1536	amended to read as follows:
1537	1537	(a) For the purpose of eradicating scabies, the department
1538	1538	[commission] may employ a chief inspector, district supervising
1539	1539	inspectors, and local inspectors.
1540	1540	SECTION 97. Section 164.005(c), Agriculture Code, is
1541	1541	amended to read as follows:
1542	1542	(c) The person who owns or controls the place to be entered
1543	1543	under this section or who owns or controls the animals shall, on
1544	1544	request of the inspector or [a member of] the department
1545	1545	[commission], gather the animals on the range for inspection.
1546	1546	Failure or refusal to gather the animals is prima facie evidence
1547	1547	that the premises and the animals are infected with scabies and
1548	1548	authorizes the department [commission] to quarantine the premises
1549	1549	or animals in accordance with this chapter.
1550	1550	SECTION 98. The heading to Section 164.021, Agriculture
1551	1551	Code, is amended to read as follows:
1552	1552	Sec. 164.021. TREATMENT REQUIRED ON ORDER OF DEPARTMENT
1553	1553	[COMMISSION].
1554	1554	SECTION 99. Sections 164.021(a) and (b), Agriculture Code,
1555	1555	are amended to read as follows:
1556	1556	(a) The department [commission] by written order may direct
1557	1557	a person who owns, controls, or cares for cattle or sheep that are
1558	1558	scabies-infected or are exposed to scabies, to treat any or all of
1559	1559	those animals for the purpose of destroying, eradicating, curing,
1560	1560	or removing a scabies infection or a source of exposure to scabies.
1561	1561	(b) An order of the department [commission] under this
1562	1562	section must be signed by a department representative [the
1563	1563	commission or the presiding officer of the commission] and must
1564	1564	contain the following:
1565	1565	(1) the date of issuance;
1566	1566	(2) the name of the person to whom the order is made;
1567	1567	(3) the approximate location of the premises on which
1568	1568	the animals are located;
1569	1569	(4) the county in which the premises are located;
1570	1570	(5) a statement in clear and intelligible language
1571	1571	that the sheep or cattle that the person owns, controls, or cares
1572	1572	for are infected with or exposed to scabies;
1573	1573	(6) an order directing the person to treat the
1574	1574	animals, under the supervision of an inspector and in the manner
1575	1575	prescribed by the department [commission]; and
1576	1576	(7) a designation of the date, time, and place that the
1577	1577	treatment is to occur.
1578	1578	SECTION 100. Section 164.022, Agriculture Code, is amended
1579	1579	to read as follows:
1580	1580	Sec. 164.022. HEARING. (a) Not later than the fifth day
1581	1581	following the day on which a person receives an order to treat
1582	1582	cattle or sheep, the person may file with the department
1583	1583	[commission or the presiding officer of the commission] a written
1584	1584	affidavit that:
1585	1585	(1) denies that the animals are subject to being
1586	1586	treated under this chapter, or states that, for good and sufficient
1587	1587	reason set out in the affidavit, the person is entitled to have the
1588	1588	order rescinded or the treatment postponed; and
1589	1589	(2) requests that the department [commission]
1590	1590	withhold enforcement of the order and grant a hearing on the matter
1591	1591	or investigate the matter as necessary to determine the correctness
1592	1592	of the statement contained in the affidavit.
1593	1593	(b) Not later than the fifth day following the day on which
1594	1594	the department [commission] receives an affidavit under Subsection
1595	1595	(a) [of this section], the department [commission] shall, if
1596	1596	desired by the affiant, grant the affiant a hearing in the office of
1597	1597	the commissioner [presiding officer]. The department [commission]
1598	1598	shall give the affiant notice of the hearing by telegram or
1599	1599	registered mail and shall hold the hearing not earlier than the
1600	1600	fourth day following the day of giving that notice.
1601	1601	(c) The department [commission] shall consider the
1602	1602	affidavit at the hearing and shall, in person or by agent,
1603	1603	investigate the matter as the department [commission] considers
1604	1604	necessary.
1605	1605	(d) If the department [commission] finds that the statement
1606	1606	in the affidavit is correct, the department [commission] shall
1607	1607	rescind the order or postpone the treatment until a time that the
1608	1608	department [commission] considers proper. If the department
1609	1609	[commission] finds that the statement in the affidavit is not
1610	1610	correct, the department [commission] shall enforce the order on the
1611	1611	date and at the time designated in the order.
1612	1612	(e) Following a hearing, the department [commission] shall
1613	1613	deliver its written findings to the affiant not later than the
1614	1614	fourth day before the date and time that the order requires the
1615	1615	animals to be treated.
1616	1616	(f) A person who is dissatisfied with the findings of the
1617	1617	department [commission] under this section may apply to a court of
1618	1618	proper venue and jurisdiction for an injunction or other relief.
1619	1619	SECTION 101. Section 164.023, Agriculture Code, is amended
1620	1620	to read as follows:
1621	1621	Sec. 164.023. METHOD OF TREATMENT. The department
1622	1622	[commission] by rule shall prescribe the methods of treatment
1623	1623	available for the treatment of scabies under this chapter.
1624	1624	SECTION 102. Section 164.041, Agriculture Code, is amended
1625	1625	to read as follows:
1626	1626	Sec. 164.041. ESTABLISHMENT. (a) The department
1627	1627	[commission] may establish a quarantine against all or the portion
1628	1628	of a state, territory, or country in which the department
1629	1629	[commission] determines scabies exists. A quarantine established
1630	1630	under this section is governed by Chapter 161, except that only a
1631	1631	scabies inspector recognized by the department [commission] for
1632	1632	that purpose in the quarantine notice may issue certificates or
1633	1633	permits for the movement of cattle subject to the quarantine. A
1634	1634	person who violates the quarantine is subject to the penalties
1635	1635	provided by Chapter 161.
1636	1636	(b) If an inspector determines that a scabies infection or
1637	1637	exposure exists in a county or area of this state, on any premises,
1638	1638	including a road, pasture, lot, yard, stockyard, or enclosure, or
1639	1639	among any cattle or sheep, the department [commission] may
1640	1640	quarantine the area, premises, or animals.
1641	1641	SECTION 103. Section 164.042, Agriculture Code, is amended
1642	1642	to read as follows:
1643	1643	Sec. 164.042. NOTICE. The department [commission] shall
1644	1644	give notice of a quarantine established under Section 164.041(b)
1645	1645	[of this code] in one of the following manners:
1646	1646	(1) by posting written notice of the quarantine at the
1647	1647	courthouse door of the county in which the quarantine is
1648	1648	established and at two other conspicuous places in the area or on
1649	1649	the premises quarantined;
1650	1650	(2) by publishing notice in a newspaper in the county
1651	1651	or, if there is no newspaper in the county, by publishing notice in
1652	1652	a newspaper in an adjoining county; or
1653	1653	(3) by delivering written or printed notice to the
1654	1654	owner or caretaker of the animals or premises to be quarantined,
1655	1655	with the delivery made in person by a department [commission]
1656	1656	inspector, employee, or member or with the delivery made by United
1657	1657	States mail.
1658	1658	SECTION 104. Section 164.044, Agriculture Code, is amended
1659	1659	to read as follows:
1660	1660	Sec. 164.044. MOVEMENT FROM QUARANTINED PREMISES; MOVEMENT
1661	1661	OF QUARANTINED ANIMALS. (a) A person may not move or permit to be
1662	1662	moved cattle or sheep that are under quarantine for scabies
1663	1663	infection or exposure or that are on premises quarantined for
1664	1664	scabies infection or exposure unless the cattle or sheep are
1665	1665	certified by a department [commission] inspector.
1666	1666	(b) If the department [commission] finds animals that have
1667	1667	been moved in violation of a quarantine established under this
1668	1668	chapter, the department [commission] shall quarantine the animals
1669	1669	until they have been properly tested or treated in accordance with
1670	1670	department [the] rules [of the commission].
1671	1671	SECTION 105. Section 164.046(c), Agriculture Code, is
1672	1672	amended to read as follows:
1673	1673	(c) Disinfection under this section must be performed under
1674	1674	the supervision of a department [commission] inspector and before
1675	1675	uninfected or unexposed sheep are permitted to enter the places to
1676	1676	be disinfected.
1677	1677	SECTION 106. Section 164.064, Agriculture Code, is amended
1678	1678	to read as follows:
1679	1679	Sec. 164.064. DESIGNATION OF INFECTED OR FREE AREAS;
1680	1680	TREATMENT REQUIREMENTS. The department [commission] may adopt
1681	1681	rules designating areas as infected or free from infection and
1682	1682	shall establish treatment requirements for the importation of sheep
1683	1683	into this state.
1684	1684	SECTION 107. Section 164.065, Agriculture Code, is amended
1685	1685	to read as follows:
1686	1686	Sec. 164.065. EXHIBITIONS. The department [commission]
1687	1687	shall provide an importer of show sheep a reasonable length of time,
1688	1688	not to exceed 60 days after the date of importation, in which to
1689	1689	display the sheep at county fairs or livestock exhibitions. The
1690	1690	importer shall keep the sheep separate from all sheep other than
1691	1691	show sheep and shall treat the sheep as required by the department
1692	1692	[commission] before they are distributed to the range.
1693	1693	SECTION 108. Section 164.083(a), Agriculture Code, is
1694	1694	amended to read as follows:
1695	1695	(a) A person commits an offense if the person:
1696	1696	(1) owns, controls, or cares for cattle or sheep
1697	1697	infected with scabies or cattle or sheep that have been exposed to
1698	1698	scabies infection within six months prior to the date of an order to
1699	1699	treat under Section 164.021; and
1700	1700	(2) fails or refuses to treat the sheep or cattle at
1701	1701	the time and in the manner provided by the order of the department
1702	1702	[commission].
1703	1703	SECTION 109. Section 165.021, Agriculture Code, is amended
1704	1704	to read as follows:
1705	1705	Sec. 165.021. COOPERATION WITH U.S. DEPARTMENT OF
1706	1706	AGRICULTURE. The department [commission] may cooperate with the
1707	1707	United States Department of Agriculture in the eradication of
1708	1708	vesicular exanthema, foot and mouth disease of swine, classical
1709	1709	swine fever, and other diseases of swine.
1710	1710	SECTION 110. Section 165.022, Agriculture Code, as amended
1711	1711	by Chapters 623 (S.B. 1997) and 849 (S.B. 705), Acts of the 87th
1712	1712	Legislature, Regular Session, 2021, is reenacted and amended to
1713	1713	read as follows:
1714	1714	Sec. 165.022. METHOD OF DISEASE ERADICATION. (a)
1715	1715	Following notice and public hearing, the department [commission]
1716	1716	shall adopt rules for the enforcement of this subchapter, including
1717	1717	rules providing for the manner, method, and system of eradicating
1718	1718	swine diseases.
1719	1719	(b) The department [commission] may [by a two-thirds vote]
1720	1720	adopt rules under this section that are more stringent than the
1721	1721	minimum standards for cooperative programs adopted by the Animal
1722	1722	and Plant Health Inspection Service of the United States Department
1723	1723	of Agriculture.
1724	1724	SECTION 111. Section 165.023, Agriculture Code, is amended
1725	1725	to read as follows:
1726	1726	Sec. 165.023. USE OF BIOLOGICS. The department
1727	1727	[commission] shall adopt rules governing the use of biologics as a
1728	1728	protection against dissemination of communicable swine diseases.
1729	1729	SECTION 112. Sections 165.026(b), (c), (d), (e), and (g),
1730	1730	Agriculture Code, are amended to read as follows:
1731	1731	(b) A person may feed unrestricted garbage to swine only if
1732	1732	the person first registers with and secures a permit from the
1733	1733	department [commission].
1734	1734	(c) The department [commission] may adopt rules for
1735	1735	registration under this section, including rules providing for
1736	1736	registration issuance, revocation, and renewal, disease tests,
1737	1737	inspections, bookkeeping, and appropriate handling and treatment
1738	1738	of unrestricted garbage. Registration with the department
1739	1739	[commission] shall be made on forms prescribed by the department
1740	1740	[commission,] and the department [commission] shall furnish those
1741	1741	forms on request. The department [commission] may impose a
1742	1742	registration fee not to exceed $25 a year.
1743	1743	(d) The department [commission] or the commissioner
1744	1744	[executive director of the commission] may issue an emergency
1745	1745	administrative order to suspend a registration under this section
1746	1746	or require the immediate quarantine and closure of a garbage
1747	1747	feeding facility if the department [commission] or the commissioner
1748	1748	[executive director] determines that the practice presents a danger
1749	1749	to public health or the livestock industry, including any danger
1750	1750	related to an insect infestation or the transmission of a disease.
1751	1751	An order must expire not later than the end of the second month
1752	1752	after the effective date of the order.
1753	1753	(e) The department [commission] or the commissioner may
1754	1754	issue an order prohibiting the feeding of restricted garbage to
1755	1755	swine in all or part of the state if the department [commission] or
1756	1756	the commissioner determines that the practice presents a danger to
1757	1757	public health or the livestock industry, including any danger
1758	1758	related to an insect infestation or the transmission of a disease.
1759	1759	(g) The department [commission], in cooperation with [the
1760	1760	department and] any other appropriate state agencies and political
1761	1761	subdivisions, shall:
1762	1762	(1) attempt to inform each supplier of restricted
1763	1763	garbage and each individual feeding garbage to swine of the
1764	1764	provisions of this section;
1765	1765	(2) assist garbage feeding facilities and individuals
1766	1766	feeding garbage to swine in identifying a source for obtaining
1767	1767	unrestricted garbage; and
1768	1768	(3) adopt measures designed to ensure compliance with
1769	1769	this section.
1770	1770	SECTION 113. Section 165.027(a), Agriculture Code, is
1771	1771	amended to read as follows:
1772	1772	(a) A representative of the department [commission,
1773	1773	including a member of the commission,] is entitled to enter the
1774	1774	premises of any person for the purpose of inspecting swine or the
1775	1775	heating or cooking equipment required by this subchapter or for the
1776	1776	purpose of performing another duty under this subchapter.
1777	1777	SECTION 114. Section 167.001(3), Agriculture Code, is
1778	1778	amended to read as follows:
1779	1779	(3) "Inspector" means an inspector of the department
1780	1780	[commission], including a local inspector, a county or district
1781	1781	supervising inspector, and the chief inspector.
1782	1782	SECTION 115. Section 167.003, Agriculture Code, is amended
1783	1783	to read as follows:
1784	1784	Sec. 167.003. GENERAL POWERS AND DUTIES OF DEPARTMENT
1785	1785	[COMMISSION]. (a) In accordance with this chapter, the department
1786	1786	[commission] shall eradicate all ticks capable of carrying Babesia
1787	1787	in this state and shall protect all land, premises, and animals in
1788	1788	this state from those ticks and exposure to those ticks.
1789	1789	(b) In carrying out this chapter, the department
1790	1790	[commission] may:
1791	1791	(1) adopt necessary rules;
1792	1792	(2) employ necessary personnel, including a chief
1793	1793	inspector, chief clerk, stenographers, and clerks, and assign the
1794	1794	personnel to perform duties authorized by this chapter or
1795	1795	incidental to its enforcement;
1796	1796	(3) assist and cooperate with county officials; and
1797	1797	(4) enter into cooperative agreements with other state
1798	1798	agencies or agencies of the federal government.
1799	1799	(c) The department [commission] by rule may provide for the
1800	1800	manner and method of treating saddle stock and stock used for gentle
1801	1801	work and for the handling and certifying of that stock for movement,
1802	1802	but unless the department [commission] so provides, the stock is
1803	1803	subject to this chapter as other animals.
1804	1804	SECTION 116. Sections 167.004(b), (c), and (d), Agriculture
1805	1805	Code, are amended to read as follows:
1806	1806	(b) The department [commission] by rule shall define what
1807	1807	animals and premises are to be classified as exposed to ticks. The
1808	1808	department [commission] shall classify as exposed to ticks animals
1809	1809	that have been on land or in an enclosure that the department
1810	1810	[commission] determines to be tick infested or exposed to ticks or
1811	1811	to have been tick infested or exposed to ticks before or after the
1812	1812	removal of the animals, unless the department [commission]
1813	1813	determines that the infestation or exposure occurred after the
1814	1814	animals were removed and that the animals did not become infested or
1815	1815	exposed before removal.
1816	1816	(c) Animals, land, and premises classified as tick infested
1817	1817	or exposed to ticks retain that classification until the
1818	1818	classification is changed by the department [commission] in
1819	1819	accordance with this chapter.
1820	1820	(d) Animals, land, and premises in the tick eradication area
1821	1821	may not be considered to be free from exposure to ticks unless:
1822	1822	(1) the department [commission] has officially
1823	1823	classified the animals or premises as free from exposure and filed a
1824	1824	copy of the order making that classification in the office of the
1825	1825	supervising inspector of the county in which the animals or
1826	1826	premises are located; or
1827	1827	(2) the supervising inspector of the county in which
1828	1828	the animals or premises are located, under the authority of the
1829	1829	department [commission], has classified the animals or premises in
1830	1830	writing as free from exposure and filed the written classification
1831	1831	in the supervising inspector's office.
1832	1832	SECTION 117. Sections 167.005(b) and (c), Agriculture Code,
1833	1833	are amended to read as follows:
1834	1834	(b) The free area and the inactive quarantine area are
1835	1835	composed of counties and parts of counties designated by the
1836	1836	department [commission] to be part of the applicable area.
1837	1837	(c) The department [commission] may transfer a county or
1838	1838	part of a county from the tick eradication area, the free area, or
1839	1839	the inactive quarantine area to another type of area as the
1840	1840	department [commission] considers advisable or necessary.
1841	1841	SECTION 118. Sections 167.006(a) and (b), Agriculture Code,
1842	1842	are amended to read as follows:
1843	1843	(a) The department [commission] may designate for tick
1844	1844	eradication any county or part of a county that the department
1845	1845	[commission] determines may contain ticks.
1846	1846	(b) The department [commission] shall give notice that a
1847	1847	county or part of a county is designated for tick eradication by:
1848	1848	(1) publishing a brief notice of the designation in a
1849	1849	newspaper published in that county or that part of the county, as
1850	1850	applicable; or
1851	1851	(2) posting a brief notice of the designation at the
1852	1852	courthouse door of the county.
1853	1853	SECTION 119. Section 167.007, Agriculture Code, is amended
1854	1854	to read as follows:
1855	1855	Sec. 167.007. TICK ERADICATION IN FREE AREA. (a) The
1856	1856	department [commission] may conduct tick eradication in the free
1857	1857	area and may establish quarantines and require the treatment of
1858	1858	animals in the free area as provided by this chapter. The
1859	1859	department [commission] shall designate in writing the land or
1860	1860	premises in the free area in which tick eradication is to be
1861	1861	conducted.
1862	1862	(b) An owner or caretaker of animals in the free area and the
1863	1863	commissioners court of a county all or part of which is located in
1864	1864	the free area shall cooperate with the department [commission] in
1865	1865	the manner provided by this chapter for tick eradication in the tick
1866	1866	eradication area.
1867	1867	SECTION 120. Section 167.008, Agriculture Code, is amended
1868	1868	to read as follows:
1869	1869	Sec. 167.008. INSPECTIONS. The department [commission] may
1870	1870	order the owner, part owner, or caretaker of animals to gather the
1871	1871	animals for inspection at a time and place prescribed in the order
1872	1872	of the department [commission]. The department [commission] shall
1873	1873	serve written notice of the order not later than the 12th day before
1874	1874	the day of inspection. A person on whom an order is served is
1875	1875	entitled to request and obtain a hearing in the manner provided by
1876	1876	this chapter for hearings on orders to treat animals.
1877	1877	SECTION 121. Section 167.021, Agriculture Code, is amended
1878	1878	to read as follows:
1879	1879	Sec. 167.021. GENERAL QUARANTINE POWER. (a) The
1880	1880	department [commission] may establish quarantines on land,
1881	1881	premises, and animals as necessary for tick eradication.
1882	1882	(b) The department [commission] in writing may release a
1883	1883	quarantine established under this chapter if the department
1884	1884	[commission] considers it necessary or advisable to do so.
1885	1885	SECTION 122. Section 167.023, Agriculture Code, is amended
1886	1886	to read as follows:
1887	1887	Sec. 167.023. QUARANTINE OF FREE AREA. (a) The department
1888	1888	[commission] by written order may establish a quarantine in the
1889	1889	free area if necessary for the purpose of regulating the handling of
1890	1890	animals and eradicating ticks or exposure to ticks in the free area
1891	1891	or for the purpose of preventing the spread of tick infestation into
1892	1892	the free area.
1893	1893	(b) The order of the department [commission] establishing a
1894	1894	quarantine in the free area shall designate the land or premises to
1895	1895	be quarantined.
1896	1896	(c) The department [commission] shall give notice of a
1897	1897	quarantine established in the free area by:
1898	1898	(1) delivering notice to each owner or caretaker of
1899	1899	animals in the area to be quarantined or to each owner or caretaker
1900	1900	of land or premises in the area on which animals are located;
1901	1901	(2) posting written notice at the courthouse door of
1902	1902	each county in which the area to be quarantined is located; or
1903	1903	(3) publishing notice in a newspaper published in each
1904	1904	county in which the area to be quarantined is located.
1905	1905	SECTION 123. Sections 167.024(b) and (c), Agriculture Code,
1906	1906	are amended to read as follows:
1907	1907	(b) Unless the person first obtains a permit or a
1908	1908	certificate from an authorized inspector, the owner or caretaker of
1909	1909	animals in a quarantined area may not move the animals, or permit
1910	1910	the animals to be moved, from an enclosure owned, leased, or
1911	1911	occupied by that person, from any open range, street, road, or
1912	1912	thoroughfare, or from any land that the person does not own or
1913	1913	control, into any other enclosure or other land owned, cared for, or
1914	1914	controlled by that person, if:
1915	1915	(1) the animals are subject to treatment under this
1916	1916	chapter and the land or enclosure to which the animals are moved:
1917	1917	(A) is classified in the records of the county
1918	1918	supervising inspector as being free from ticks; or
1919	1919	(B) has been released from quarantine by the
1920	1920	department [commission]; or
1921	1921	(2) the animals are subject to treatment but are not
1922	1922	being treated under this chapter in the conduct of regular
1923	1923	systematic tick eradication by the department [commission] and the
1924	1924	land or enclosure to which the animals are moved is owned or
1925	1925	controlled by that person and:
1926	1926	(A) tick eradication work is being conducted
1927	1927	there; or
1928	1928	(B) the land or enclosure is vacated under the
1929	1929	direction of the department [commission] for the purpose of tick
1930	1930	eradication.
1931	1931	(c) The owner or caretaker of animals located in a
1932	1932	quarantined area may move animals, or permit animals to be moved, to
1933	1933	and from treatment facilities for the purpose of treating the
1934	1934	animals on a regular treatment date at the treatment facility to
1935	1935	which the animals are to be moved or on another date designated by
1936	1936	the inspector in charge of the treatment facility. The movement of
1937	1937	animals under this subsection must be in accordance with department
1938	1938	[the] rules [of the commission]. Any other movement is considered
1939	1939	to be in violation of the quarantine.
1940	1940	SECTION 124. Section 167.025, Agriculture Code, is amended
1941	1941	to read as follows:
1942	1942	Sec. 167.025. MOVEMENT IN OR FROM INACTIVE QUARANTINED
1943	1943	AREA. A person may not move animals or permit animals to be moved
1944	1944	from or within the inactive quarantined area except in accordance
1945	1945	with department [the] rules [of the commission].
1946	1946	SECTION 125. Sections 167.026(b) and (c), Agriculture Code,
1947	1947	are amended to read as follows:
1948	1948	(b) A person may not move goats, hogs, sheep, exotic
1949	1949	livestock, or circus animals into this state from an area of another
1950	1950	state, territory, or country that is under state or federal
1951	1951	quarantine for tick infestation unless the animals:
1952	1952	(1) have been treated free from infestation or
1953	1953	exposure; and
1954	1954	(2) are certified as having been so treated by an
1955	1955	inspector of the department [commission] or of the Animal and Plant
1956	1956	Health Inspection Service, United States Department of
1957	1957	Agriculture.
1958	1958	(c) A person may not move hay, straw, grass, packing straw,
1959	1959	pine straw, corn shucks, weeds, plants, litter, manure, dirt,
1960	1960	posts, sand, gravel, caliche, or animal by-products into this state
1961	1961	for any purpose from an area of another state, territory, or country
1962	1962	that is under state or federal quarantine for tick infestation
1963	1963	unless the articles:
1964	1964	(1) have been treated in accordance with the
1965	1965	requirements of the department [commission] or the Animal and Plant
1966	1966	Health Inspection Service, United States Department of
1967	1967	Agriculture; and
1968	1968	(2) are certified as having been so treated by an
1969	1969	inspector of the department [commission] or the Animal and Plant
1970	1970	Health Inspection Service, United States Department of
1971	1971	Agriculture.
1972	1972	SECTION 126. Sections 167.029(a) and (c), Agriculture Code,
1973	1973	are amended to read as follows:
1974	1974	(a) The department [commission] by rule shall provide the
1975	1975	conditions for and the manner and method of handling and moving
1976	1976	animals:
1977	1977	(1) into, in, and from the tick eradication area;
1978	1978	(2) into, in, and from quarantined land or premises in
1979	1979	the free area;
1980	1980	(3) into the released part of the free area; and
1981	1981	(4) into, in, and from the inactive quarantined area.
1982	1982	(c) The department [commission] may adopt rules relating to
1983	1983	testing, immunizing, treating, certifying, or marking or branding
1984	1984	animals moving into this state from another state or country.
1985	1985	SECTION 127. Section 167.030(b), Agriculture Code, is
1986	1986	amended to read as follows:
1987	1987	(b) The department [commission] shall adopt rules relating
1988	1988	to the cleaning and disinfecting of conveyances.
1989	1989	SECTION 128. Section 167.031, Agriculture Code, is amended
1990	1990	to read as follows:
1991	1991	Sec. 167.031. USE OF SAND AS BEDDING IN CONVEYANCE. The
1992	1992	department [commission] may establish quarantines and restrict the
1993	1993	use of sand as bedding in an animal conveyance except for sand from
1994	1994	known tick-free sand pits.
1995	1995	SECTION 129. Section 167.032, Agriculture Code, is amended
1996	1996	to read as follows:
1997	1997	Sec. 167.032. MOVEMENT OF COMMODITIES. The department
1998	1998	[commission] may establish quarantines and restrict the movement
1999	1999	from quarantined areas of hay, hides, carcasses, or other
2000	2000	commodities that are capable of carrying ticks.
2001	2001	SECTION 130. Section 167.033, Agriculture Code, is amended
2002	2002	to read as follows:
2003	2003	Sec. 167.033. HANDLING AND REMOVAL OF REFUSE OR DEAD OR
2004	2004	INJURED ANIMALS. The department [commission] may establish
2005	2005	quarantines and regulate the removal and handling of refuse matter
2006	2006	from quarantined stockyards, quarantined stock pens, and other
2007	2007	quarantined places and may establish quarantines and regulate the
2008	2008	handling or removal of animals that die or are injured in transit.
2009	2009	SECTION 131. Sections 167.051(b) and (c), Agriculture Code,
2010	2010	are amended to read as follows:
2011	2011	(b) Animals located in the free area are subject to
2012	2012	treatment if:
2013	2013	(1) the animals are infested with ticks;
2014	2014	(2) the animals were exposed to ticks within the nine
2015	2015	months preceding an order to treat;
2016	2016	(3) the animals are on premises described in an order
2017	2017	to treat during the time the order is in effect and the person to
2018	2018	whom the order is issued is the owner, part owner, or caretaker of
2019	2019	the animals; or
2020	2020	(4) the department [commission] determines that
2021	2021	treatment is necessary to ensure that the animals are entirely free
2022	2022	from infestation.
2023	2023	(c) The department [commission] may require the treatment
2024	2024	of animals that are located in the free area and are tick infested
2025	2025	or have been exposed to ticks regardless of whether the animals or
2026	2026	the area in which the animals are located is under quarantine.
2027	2027	SECTION 132. Sections 167.052(a), (d), (f), and (g),
2028	2028	Agriculture Code, are amended to read as follows:
2029	2029	(a) The department [commission] may order the owner, part
2030	2030	owner, or caretaker of animals to treat the animals in accordance
2031	2031	with the directions of the department [commission]. The order must
2032	2032	be dated, in writing, and signed or stamped with the signature of
2033	2033	the department [commission] or the commissioner [presiding officer
2034	2034	of the commission].
2035	2035	(d) An order may require the treatment of the animals on as
2036	2036	many dates as the department [commission] considers necessary for
2037	2037	eradicating the infestation or exposure of the animals or the
2038	2038	premises on which the animals are located.
2039	2039	(f) A person to whom an order to treat is directed shall
2040	2040	comply with the order and treat the animals in accordance with the
2041	2041	directions of the department [commission]. If the order is not
2042	2042	delivered within the time provided by Subsection (e), the person
2043	2043	receiving the order shall begin treatment on the first treatment
2044	2044	date that is more than 12 days after the date of receipt of the order
2045	2045	and shall continue treatment on subsequent dates as specified in
2046	2046	the order.
2047	2047	(g) If the animals or the premises are not freed from ticks
2048	2048	or exposure to ticks before an order to treat expires, the
2049	2049	department [commission] may issue additional orders regardless of
2050	2050	whether the animals were exposed to ticks in the nine months
2051	2051	preceding the date of the subsequent order.
2052	2052	SECTION 133. Sections 167.053(b) and (c), Agriculture Code,
2053	2053	are amended to read as follows:
2054	2054	(b) Following a hearing, the department [commission] shall
2055	2055	transmit its written decision to the supervising inspector, who
2056	2056	shall transmit it to the protesting person by delivering it in
2057	2057	person or by mailing it by registered mail to the address shown in
2058	2058	the hearing application. If the department [commission] overrules
2059	2059	the protest, the person to whom the order was directed shall comply
2060	2060	with the order.
2061	2061	(c) If the department's [commission's] decision is
2062	2062	delivered in person, a person whose protest is overruled shall
2063	2063	begin treatment of the animals on the first treatment date in the
2064	2064	order that is more than two days after the day on which the decision
2065	2065	is received. If the decision is delivered by mail, the person shall
2066	2066	begin treatment on the first treatment date in the order that is
2067	2067	more than four days after the day on which the decision was
2068	2068	deposited in the mail.
2069	2069	SECTION 134. Section 167.056, Agriculture Code, is amended
2070	2070	to read as follows:
2071	2071	Sec. 167.056. MANNER OF TREATMENT. If the department
2072	2072	[commission] requires animals to be treated, the animals shall be
2073	2073	treated in the manner prescribed by the department [commission].
2074	2074	SECTION 135. Section 167.057(a), Agriculture Code, is
2075	2075	amended to read as follows:
2076	2076	(a) The department [commission] shall prescribe by rule the
2077	2077	official materials in which animals are to be treated under this
2078	2078	chapter. A person may not treat animals for purposes of this
2079	2079	chapter in a material other than an official material prescribed by
2080	2080	the department [commission].
2081	2081	SECTION 136. Sections 167.059(a) and (c), Agriculture Code,
2082	2082	are amended to read as follows:
2083	2083	(a) The commissioners court of each county, including a
2084	2084	county in the free area, in all or part of which the department
2085	2085	[commission] conducts tick eradication shall cooperate with the
2086	2086	department [commission] and shall furnish facilities necessary to
2087	2087	the treatment of animals in that county. The commissioners court
2088	2088	shall furnish dipping vats, pens, chutes, and other necessary
2089	2089	facilities in the number, at the locations, and of the type
2090	2090	specified by the department [commission]. In addition, the county,
2091	2091	at its expense, shall maintain the facilities and repair or remodel
2092	2092	them as necessary, shall provide the water for filling the vats, and
2093	2093	shall clean and refill the vats as necessary.
2094	2094	(c) For the purpose of acquiring necessary land for the
2095	2095	construction or maintenance of treatment facilities, for the
2096	2096	purpose of acquiring treatment facilities that have already been
2097	2097	constructed, or for the purpose of acquiring land necessary for
2098	2098	ingress and egress to and from those facilities, a commissioners
2099	2099	court has the power of eminent domain. The commissioners court
2100	2100	shall exercise the power of eminent domain in the manner provided by
2101	2101	law for acquiring land for the building and maintenance of public
2102	2102	buildings, except that the court shall institute and prosecute
2103	2103	condemnation proceedings on written request from the commissioner
2104	2104	[presiding officer of the commission]. The request from the
2105	2105	commissioner [commission] shall designate:
2106	2106	(1) the land to be condemned and its location;
2107	2107	(2) the name of the owner of the land to be condemned;
2108	2108	and
2109	2109	(3) the easement to be acquired for ingress and
2110	2110	egress.
2111	2111	SECTION 137. Section 167.060, Agriculture Code, is amended
2112	2112	to read as follows:
2113	2113	Sec. 167.060. TREATMENT REQUIRED FOR MOVEMENT FROM
2114	2114	QUARANTINED AREA. (a) An inspector may not issue a certificate or
2115	2115	permit for the movement of animals from a quarantined enclosure
2116	2116	unless the owner or caretaker of the animals:
2117	2117	(1) is cooperating with the department [commission] in
2118	2118	the regular systematic treatment of the animals listed in
2119	2119	Subsection (b); and
2120	2120	(2) has treated those animals on the last two
2121	2121	treatment dates that were prescribed for the area in which the
2122	2122	animals are located and that preceded the date of movement.
2123	2123	(b) In order to be issued the permit or certificate, the
2124	2124	owner or caretaker must cooperate with the department [commission]
2125	2125	in the regular systematic treatment of animals of which the person
2126	2126	is the owner or caretaker and which:
2127	2127	(1) are located in the enclosure from which the
2128	2128	animals are to be moved;
2129	2129	(2) are located in quarantined enclosures that connect
2130	2130	with the enclosure from which the animals are to be moved, including
2131	2131	an enclosure that:
2132	2132	(A) connects with an enclosure that connects with
2133	2133	the enclosure from which the animals are to be moved; or
2134	2134	(B) is on the opposite side of a lane or road from
2135	2135	the enclosure from which the animals are to be moved; or
2136	2136	(3) are located on the quarantined open range that
2137	2137	connects with any of the enclosures under Subdivision (1) or (2).
2138	2138	(c) If ticks are found on any of the animals submitted for
2139	2139	movement, before the certificate or permit is issued, each head of
2140	2140	the animals must be treated as prescribed by department
2141	2141	[commission] rules.
2142	2142	(d) The department [commission] may waive the enforcement
2143	2143	of this section for good cause. A waiver of the department
2144	2144	[commission] must be in writing.
2145	2145	SECTION 138. Section 167.081, Agriculture Code, is amended
2146	2146	to read as follows:
2147	2147	Sec. 167.081. DESIGNATION OF FACILITY TO HANDLE CERTIFIED
2148	2148	LIVESTOCK. (a) The department [commission] may designate a
2149	2149	stockyard that is in the tick eradication area or in the free area
2150	2150	and is open to the public for yarding, marketing, and selling
2151	2151	livestock as a facility to handle intrastate movements of livestock
2152	2152	certified by an inspector to be free from ticks or exposure to
2153	2153	ticks. A stockyard so designated shall provide tick-free
2154	2154	facilities for the handling of that livestock in accordance with
2155	2155	this subchapter.
2156	2156	(b) A designation under this section is effective for 24
2157	2157	months following the day on which notice is served, and the
2158	2158	department [commission] may redesignate a facility for the purpose
2159	2159	of this section.
2160	2160	SECTION 139. Section 167.082, Agriculture Code, is amended
2161	2161	to read as follows:
2162	2162	Sec. 167.082. NOTICE AND HEARING. (a) The department
2163	2163	[commission] shall give written notice of a designation under this
2164	2164	subchapter to the stockyard company or to the owner, operator, or
2165	2165	other person in control of the stockyard.
2166	2166	(b) A person to whom a notice is directed may request a
2167	2167	hearing for the purpose of protesting the designation in the manner
2168	2168	provided by Section 167.053 for requesting a hearing on an order to
2169	2169	treat. The department [commission] shall grant the hearing and
2170	2170	give notice of its decision in the manner provided by that section.
2171	2171	(c) A person whose protest is overruled shall complete the
2172	2172	work required to provide tick-free facilities not later than the
2173	2173	60th day following the day on which the person receives notice of
2174	2174	the department's [commission's] decision.
2175	2175	SECTION 140. Section 167.101, Agriculture Code, is amended
2176	2176	to read as follows:
2177	2177	Sec. 167.101. INSPECTORS. (a) The commissioners court of a
2178	2178	county in which the department [commission] conducts tick
2179	2179	eradication may nominate the number of local inspectors found by
2180	2180	the department [commission] to be necessary for tick eradication in
2181	2181	that county. The department [commission] shall appoint those
2182	2182	persons nominated unless, following appointment of local
2183	2183	inspectors, the department [commission] finds that the county is
2184	2184	trying to retard tick eradication or is nominating persons who are
2185	2185	incompetent or negligent in the performance of duty. In that case,
2186	2186	the department [commission] may ignore the nominations of the
2187	2187	county.
2188	2188	(b) If a commissioners court fails or refuses to nominate
2189	2189	persons as local inspectors, the department [commission] shall
2190	2190	appoint local inspectors without nomination.
2191	2191	(c) Local inspectors work under the direction and orders of
2192	2192	the department [commission] and are subject to discharge by the
2193	2193	department [commission]. The department [commission] shall fix and
2194	2194	the state shall pay the salaries of local inspectors, but a county
2195	2195	may pay the salary and traveling expenses of a local inspector.
2196	2196	(d) The department [commission] may employ county and
2197	2197	district supervising inspectors without nomination by the
2198	2198	commissioners courts.
2199	2199	(e) Only an inspector appointed for the purpose may conduct
2200	2200	tick eradication or issue permits and certificates certifying
2201	2201	animals to be free from ticks or exposure to ticks. An inspector
2202	2202	shall issue those permits and certificates in accordance with
2203	2203	department [the] rules [of the commission].
2204	2204	SECTION 141. Section 167.103(b), Agriculture Code, is
2205	2205	amended to read as follows:
2206	2206	(b) The peace officer shall deputize a sufficient number of
2207	2207	assistants, to be designated by the supervising inspector of the
2208	2208	county, shall enter the property on which the animals are located,
2209	2209	and shall gather and treat the animals under the supervision of an
2210	2210	inspector and in accordance with the directions of the department
2211	2211	[commission].
2212	2212	SECTION 142. Section 167.104(a), Agriculture Code, is
2213	2213	amended to read as follows:
2214	2214	(a) An inspector may request a peace officer to seize
2215	2215	animals if:
2216	2216	(1) the inspector determines the animals to be running
2217	2217	at large or on the open range of a county or part of a county in
2218	2218	which the department [commission] is conducting tick eradication
2219	2219	under this chapter; and
2220	2220	(2) the inspector is unable to locate the owner or
2221	2221	caretaker of the animals.
2222	2222	SECTION 143. Sections 167.106(a) and (c), Agriculture Code,
2223	2223	are amended to read as follows:
2224	2224	(a) The department [commission] or a resident of this state
2225	2225	may sue for an injunction to compel compliance with a provision of
2226	2226	this chapter or to restrain a threatened violation of a provision of
2227	2227	this chapter.
2228	2228	(c) The department [commission] or a resident of a county or
2229	2229	part of a county in which tick eradication is being conducted may
2230	2230	sue for permanent or temporary relief to compel a person who is an
2231	2231	owner, part owner, or caretaker of animals to treat the animals in
2232	2232	accordance with this chapter if the person has failed or refused to
2233	2233	treat the animals or has threatened to fail or refuse to treat the
2234	2234	animals. If the court finds that the defendant has been served with
2235	2235	an order of the department [commission] to treat the animals, that
2236	2236	the animals are subject to treatment, and that the material
2237	2237	allegations of the plaintiff's petition are true, the court shall
2238	2238	enter an order commanding the defendant to treat the animals in
2239	2239	accordance with the directions of the department [commission] at
2240	2240	the time and place designated in the order of the department
2241	2241	[commission] or in the order of the court. If the defendant fails
2242	2242	to comply with the order of the court, the court may hold the
2243	2243	defendant in contempt and punish the defendant accordingly and
2244	2244	shall order a peace officer to deputize assistants and treat the
2245	2245	animals in accordance with the order of the court. The expense of
2246	2246	treating the animals and employing the peace officer and assistants
2247	2247	shall be taxed against the defendant as a cost of suit.
2248	2248	SECTION 144. The heading to Section 167.109, Agriculture
2249	2249	Code, is amended to read as follows:
2250	2250	Sec. 167.109. ADMISSIBILITY OF DEPARTMENT [COMMISSION]
2251	2251	INSTRUMENTS; IDENTIFICATION IN COMPLAINT.
2252	2252	SECTION 145. Sections 167.109(a) and (c), Agriculture Code,
2253	2253	are amended to read as follows:
2254	2254	(a) A copy of a written instrument issued by the department
2255	2255	[commission] is admissible as evidence in any court of this state if
2256	2256	the copy is certified by the commissioner [presiding officer of the
2257	2257	commission].
2258	2258	(c) In the trial of a civil or criminal case under this
2259	2259	chapter, in which a certified copy of a department [commission]
2260	2260	written instrument or a proclamation is to be introduced in
2261	2261	evidence, the instrument or proclamation is not required to be
2262	2262	filed with the papers of the cause and the party introducing it is
2263	2263	not required to give notice of it to the other party.
2264	2264	SECTION 146. Section 167.110(c), Agriculture Code, is
2265	2265	amended to read as follows:
2266	2266	(c) If it is necessary in a court proceeding to prove the
2267	2267	test of a treatment chemical, it is only necessary to prove that:
2268	2268	(1) the treatment chemical used was one of the
2269	2269	official treatment chemicals prescribed by the department
2270	2270	[commission]; and
2271	2271	(2) the inspector tested the treatment chemical in
2272	2272	accordance with department [the] rules [of the commission].
2273	2273	SECTION 147. Section 167.131(a), Agriculture Code, is
2274	2274	amended to read as follows:
2275	2275	(a) A person commits an offense if, as the owner, part
2276	2276	owner, or caretaker of animals, the person fails to gather the
2277	2277	animals for inspection at the time and place ordered by the
2278	2278	department [commission] under Section 167.008.
2279	2279	SECTION 148. Sections 167.132(a) and (b), Agriculture Code,
2280	2280	are amended to read as follows:
2281	2281	(a) A person commits an offense if the person moves, or as
2282	2282	owner, part owner, or caretaker permits the movement of, animals
2283	2283	from any land, premises, or enclosure that is under quarantine for
2284	2284	tick infestation or exposure in violation of the quarantine without
2285	2285	a permit issued by an inspector of the department [commission] or of
2286	2286	the Animal and Plant Health Inspection Service, United States
2287	2287	Department of Agriculture.
2288	2288	(b) A railroad or other transportation company commits an
2289	2289	offense if it permits an animal to enter stock pens in the tick
2290	2290	eradication area under the company's control without a written
2291	2291	certificate or permit from an inspector of the department
2292	2292	[commission] or of the Animal and Plant Health Inspection Service,
2293	2293	United States Department of Agriculture.
2294	2294	SECTION 149. Section 167.137(a), Agriculture Code, is
2295	2295	amended to read as follows:
2296	2296	(a) A person required by Section 167.030 [of this code] to
2297	2297	clean and disinfect a conveyance commits an offense if the person
2298	2298	fails or refuses to clean and disinfect the conveyance in
2299	2299	accordance with department [the] rules [of the commission].
2300	2300	SECTION 150. Section 167.138(a), Agriculture Code, is
2301	2301	amended to read as follows:
2302	2302	(a) A person commits an offense if the person uses sand as
2303	2303	bedding in an animal conveyance in violation of a quarantine
2304	2304	established or a department [commission] rule adopted under Section
2305	2305	167.031.
2306	2306	SECTION 151. Section 167.139(a), Agriculture Code, is
2307	2307	amended to read as follows:
2308	2308	(a) A person commits an offense if the person moves a
2309	2309	commodity capable of carrying ticks from a quarantined area in
2310	2310	violation of a quarantine established or a department [commission]
2311	2311	rule adopted under Section 167.032 [of this code].
2312	2312	SECTION 152. Section 167.140(a), Agriculture Code, is
2313	2313	amended to read as follows:
2314	2314	(a) A person commits an offense if the person violates a
2315	2315	quarantine established or a department [commission] rule adopted
2316	2316	under Section 167.033 [of this code].
2317	2317	SECTION 153. Section 167.143(a), Agriculture Code, is
2318	2318	amended to read as follows:
2319	2319	(a) A stockyard company or an owner, operator, or person in
2320	2320	charge of a stockyard commits an offense if the person fails or
2321	2321	refuses to provide and complete facilities required by the
2322	2322	department [commission] under Subchapter D [of this chapter] within
2323	2323	60 days after the day on which notice of designation is served under
2324	2324	that subchapter.
2325	2325	SECTION 154. Sections 168.004(a) and (b), Agriculture Code,
2326	2326	are amended to read as follows:
2327	2327	(a) If the laboratory determines that any part of a flock is
2328	2328	infected, it shall certify that information to the department
2329	2329	[commission,] and the department [commission] shall verify the
2330	2330	infection and immediately quarantine part or all of the flock. The
2331	2331	department [commission] may authorize the laboratory to quarantine
2332	2332	an infected flock on behalf of the department [commission]. The
2333	2333	department [commission] shall give notice of the quarantine in the
2334	2334	same manner as provided by law for the quarantine of other livestock
2335	2335	and fowl. The department [commission] shall also order a cessation
2336	2336	in the sale, movement, or exhibition of quarantined poultry or eggs
2337	2337	and may seek an injunction to enforce an order concerning infected
2338	2338	flocks.
2339	2339	(b) A quarantined flock shall be disposed of in a manner
2340	2340	prescribed by the department [commission]. If disposal involves
2341	2341	movement to a state or federally inspected poultry processing
2342	2342	establishment, the department [commission] shall issue a
2343	2343	certificate to accompany the flock. When the flock is disposed of
2344	2344	and other measures necessary to the control and eradication of
2345	2345	pullorum disease and fowl typhoid are taken, the department
2346	2346	[commission] shall remove the quarantine.
2347	2347	SECTION 155. Section 168.006, Agriculture Code, is amended
2348	2348	to read as follows:
2349	2349	Sec. 168.006. ASSISTANCE BY FLOCK OWNER. The owner of a
2350	2350	flock shall assist the laboratory and the department [commission]
2351	2351	in handling the poultry and shall pen and present the flock on
2352	2352	request.
2353	2353	SECTION 156. Section 168.007, Agriculture Code, is amended
2354	2354	to read as follows:
2355	2355	Sec. 168.007. NO FEE CHARGED. Neither the laboratory nor
2356	2356	the department [commission] may charge a fee for testing or
2357	2357	laboratory examination provided for under this chapter.
2358	2358	SECTION 157. Section 168.008(a), Agriculture Code, is
2359	2359	amended to read as follows:
2360	2360	(a) A person commits an offense if the person refuses to:
2361	2361	(1) comply with an order of the department
2362	2362	[commission] or laboratory concerning an infected flock; or
2363	2363	(2) admit a person with a search warrant obtained as
2364	2364	provided in Section 168.003 [of this code].
2365	2365	SECTION 158. Section 56.102, Education Code, is amended to
2366	2366	read as follows:
2367	2367	Sec. 56.102. ADMINISTRATION OF PROGRAM. The Department of
2368	2368	Agriculture [Texas Animal Health Commission] shall administer the
2369	2369	program in accordance with the rules adopted by the committee.
2370	2370	SECTION 159. Sections 56.103(a), (b), and (e), Education
2371	2371	Code, are amended to read as follows:
2372	2372	(a) The rural veterinarian incentive program committee
2373	2373	consists of:
2374	2374	(1) the commissioner [executive director] of
2375	2375	agriculture [the Texas Animal Health Commission], or the
2376	2376	commissioner's [executive director's] designee;
2377	2377	(2) the executive director of the State Board of
2378	2378	Veterinary Medical Examiners, or the executive director's
2379	2379	designee;
2380	2380	(3) the dean of each accredited college of veterinary
2381	2381	medicine located in this state, or the dean's designee;
2382	2382	(4) a veterinarian with a mixed animal practice,
2383	2383	representing each university system located in Texas with an
2384	2384	accredited college of veterinary medicine, appointed by the board
2385	2385	of regents of each university system;
2386	2386	(5) a veterinarian with a large animal practice,
2387	2387	representing each university system located in Texas with an
2388	2388	accredited college of veterinary medicine, appointed by the board
2389	2389	of regents of each university system; and
2390	2390	(6) a practitioner of veterinary medicine,
2391	2391	representing [who serves as a commissioner of] the Department of
2392	2392	Agriculture [Texas Animal Health Commission], appointed by the
2393	2393	Department of Agriculture [chair of the Texas Animal Health
2394	2394	Commission].
2395	2395	(b) The commissioner [executive director] of agriculture or
2396	2396	the commissioner's designee under Subsection (a)(1) [the Texas
2397	2397	Animal Health Commission] serves as the presiding officer of the
2398	2398	committee.
2399	2399	(e) In adopting rules under this section related to the
2400	2400	selection, submission, or certification of areas identified as
2401	2401	having a veterinary shortage for the purpose of this subchapter,
2402	2402	the committee shall consider any applicable regulations adopted
2403	2403	under 7 U.S.C. Section 3151a and previous work of the Department of
2404	2404	Agriculture or the former Texas Animal Health Commission.
2405	2405	SECTION 160. Sections 61.9965(a) and (c), Education Code,
2406	2406	are amended to read as follows:
2407	2407	(a) The Texas Higher Education Coordinating Board shall
2408	2408	administer the rural veterinarian incentive program account in
2409	2409	accordance with Subchapter G, Chapter 56, to provide assistance in
2410	2410	the repayment of student loans for eligible veterinarians who apply
2411	2411	and qualify for the assistance under the rules of the [Texas Animal
2412	2412	Health Commission] rural veterinarian incentive program committee
2413	2413	established under Section 56.103.
2414	2414	(c) Money and resources in the account shall be made
2415	2415	available and payable as soon as practicable at the request of the
2416	2416	Department of Agriculture [Texas Animal Health Commission] and may
2417	2417	be used only for the following purposes:
2418	2418	(1) to provide financial support as a lump sum to an
2419	2419	eligible participant under Subchapter G, Chapter 56, the lender or
2420	2420	other holder of the participant's affected loan, or the
2421	2421	participant's university system;
2422	2422	(2) a reasonable amount, not to exceed seven percent
2423	2423	of the account value, to cover the costs of administration of the
2424	2424	program; or
2425	2425	(3) a reasonable amount, not to exceed three percent
2426	2426	of the account value, as specifically required for the coordinating
2427	2427	board for administration of the account.
2428	2428	SECTION 161. Section 418.190, Government Code, is amended
2429	2429	to read as follows:
2430	2430	Sec. 418.190. AGRICULTURE EMERGENCY RESPONSE PLAN. (a) In
2431	2431	coordination with the division, the Department of Agriculture [and
2432	2432	the Texas Animal Health Commission] shall prepare and keep current
2433	2433	an agriculture emergency response plan as an annex to the state
2434	2434	emergency management plan. The plan must include provisions for:
2435	2435	(1) identifying and assessing necessary training,
2436	2436	resource, and support requirements;
2437	2437	(2) providing information on recovery, relief, and
2438	2438	assistance requirements following all types of disasters,
2439	2439	including information on biological and radiological response; and
2440	2440	(3) all other information the Department of
2441	2441	Agriculture determines [and the Texas Animal Health Commission
2442	2442	determine] to be relevant to prepare for an all-hazards approach to
2443	2443	agricultural disaster management.
2444	2444	(b) The Department of Agriculture [and the Texas Animal
2445	2445	Health Commission] shall include the plan developed under
2446	2446	Subsection (a) in an annual report to the legislature and the office
2447	2447	of the governor.
2448	2448	SECTION 162. Section 421.021(a), Government Code, is
2449	2449	amended to read as follows:
2450	2450	(a) The Homeland Security Council is composed of the
2451	2451	governor or the governor's designee, the speaker of the house of
2452	2452	representatives or the speaker's designee, the lieutenant governor
2453	2453	or the lieutenant governor's designee, and one representative of
2454	2454	each of the following entities, appointed by the single statewide
2455	2455	elected or appointed governing officer, administrative head, or
2456	2456	chair, as appropriate, of the entity:
2457	2457	(1) Department of Agriculture;
2458	2458	(2) office of the attorney general;
2459	2459	(3) General Land Office;
2460	2460	(4) Public Utility Commission of Texas;
2461	2461	(5) Department of State Health Services;
2462	2462	(6) Department of Information Resources;
2463	2463	(7) Department of Public Safety of the State of Texas;
2464	2464	(8) Texas Division of Emergency Management;
2465	2465	(9) Texas Military Department;
2466	2466	(10) Texas Commission on Environmental Quality;
2467	2467	(11) Railroad Commission of Texas;
2468	2468	(12) Texas Military Preparedness Commission;
2469	2469	(13) Texas Department of Transportation;
2470	2470	(14) Commission on State Emergency Communications;
2471	2471	(15) Office of State-Federal Relations;
2472	2472	(16) secretary of state;
2473	2473	(17) the committee of the senate having jurisdiction
2474	2474	over veterans affairs;
2475	2475	(18) the committee of the senate having jurisdiction
2476	2476	over homeland security;
2477	2477	(19) the committee of the house of representatives
2478	2478	having jurisdiction over veterans affairs;
2479	2479	(20) the committee of the house of representatives
2480	2480	having jurisdiction over homeland security;
2481	2481	(21) [Texas Animal Health Commission;
2482	2482	[(22)] Texas Commission on Law Enforcement;
2483	2483	(22) [(23)] state fire marshal's office;
2484	2484	(23) [(24)] Texas Education Agency;
2485	2485	(24) [(25)] Texas Commission on Fire Protection;
2486	2486	(25) [(26)] Parks and Wildlife Department;
2487	2487	(26) [(27)] Texas A&M Forest Service; and
2488	2488	(27) [(28)] Texas Water Development Board.
2489	2489	SECTION 163. Section 81.008, Health and Safety Code, is
2490	2490	amended to read as follows:
2491	2491	Sec. 81.008. COMMUNICABLE DISEASE IN ANIMALS; EXCHANGE OF
2492	2492	INFORMATION. The Department of Agriculture [Texas Animal Health
2493	2493	Commission] and the Texas A&M University Veterinary Medical
2494	2494	Diagnostic Laboratory shall each adopt by rule a memorandum of
2495	2495	understanding, adopted also by rule by the executive commissioner,
2496	2496	governing the exchange of information on communicable diseases in
2497	2497	animals between the Department of State Health Services
2498	2498	[department] and those entities.
2499	2499	SECTION 164. Section 435.006(d), Health and Safety Code, is
2500	2500	amended to read as follows:
2501	2501	(d) The department may not issue a permit to a person for a
2502	2502	producer dairy located in an area infected with or at a high risk
2503	2503	for bovine tuberculosis, as determined epidemiologically and
2504	2504	defined by rule of the Department of Agriculture [Texas Animal
2505	2505	Health Commission].
2506	2506	SECTION 165. Sections 801.256(a) and (f), Occupations Code,
2507	2507	are amended to read as follows:
2508	2508	(a) The board may issue a special license to practice
2509	2509	veterinary medicine to an applicant who is:
2510	2510	(1) a member of the faculty or staff of a
2511	2511	board-approved veterinary program at an institution of higher
2512	2512	education;
2513	2513	(2) a veterinarian employee of the Department of
2514	2514	Agriculture [Texas Animal Health Commission];
2515	2515	(3) a veterinarian employee of the Texas A&M
2516	2516	Veterinary Medical Diagnostic Laboratory; or
2517	2517	(4) a person licensed to practice veterinary medicine
2518	2518	in another jurisdiction, if the board determines that the person's
2519	2519	specialty practice is unrepresented or underrepresented in this
2520	2520	state.
2521	2521	(f) The following people may provide a statement under
2522	2522	Subsection (b)(1)(B):
2523	2523	(1) the dean of a board-approved veterinary medicine
2524	2524	program at an institution of higher education in this state;
2525	2525	(2) the commissioner [executive director] of
2526	2526	agriculture [the Texas Animal Health Commission]; or
2527	2527	(3) the executive director of the Texas A&M Veterinary
2528	2528	Medical Diagnostic Laboratory.
2529	2529	SECTION 166. Section 801.361(d), Occupations Code, is
2530	2530	amended to read as follows:
2531	2531	(d) The Texas Commission on Environmental Quality may not
2532	2532	adopt a rule that relates to the disposal of animal remains under
2533	2533	this section unless the rule is developed in cooperation with and is
2534	2534	approved by the Department of Agriculture [Texas Animal Health
2535	2535	Commission].
2536	2536	SECTION 167. Section 801.403, Occupations Code, is amended
2537	2537	to read as follows:
2538	2538	Sec. 801.403. FAILURE TO REPORT DISEASE. The board may
2539	2539	suspend or revoke a license to practice veterinary medicine, place
2540	2540	a veterinarian on probation, or reprimand a veterinarian if the
2541	2541	veterinarian knowingly fails to report a disease to the Department
2542	2542	of Agriculture [Texas Animal Health Commission] as required by
2543	2543	Section 161.101, Agriculture Code.
2544	2544	SECTION 168. Section 12.014, Parks and Wildlife Code, is
2545	2545	amended to read as follows:
2546	2546	Sec. 12.014. NOTICE OF WILDLIFE DISEASE OUTBREAK. (a)
2547	2547	Notwithstanding any law restricting the disclosure of information
2548	2548	by the department and subject to Subsection (b), if the department
2549	2549	becomes aware of a wildlife disease outbreak on a property, the
2550	2550	department shall provide notice of the location and nature of the
2551	2551	outbreak to:
2552	2552	(1) each owner of adjacent property; and
2553	2553	(2) the Department of Agriculture [Texas Animal Health
2554	2554	Commission].
2555	2555	(b) Subsection (a) applies only to a disease that the
2556	2556	Department of Agriculture [Texas Animal Health Commission] has
2557	2557	designated as reportable.
2558	2558	SECTION 169. Section 12.0251(b), Parks and Wildlife Code,
2559	2559	is amended to read as follows:
2560	2560	(b) The commission or the department may disclose
2561	2561	information described by this section only to:
2562	2562	(1) the landowner;
2563	2563	(2) another person if the landowner consents to full
2564	2564	or specified partial disclosure of information and the consent is
2565	2565	in writing and is attached to the plan or recommendation report; or
2566	2566	(3) the Department of Agriculture [Texas Animal Health
2567	2567	Commission] as needed to carry out a governmental purpose.
2568	2568	SECTION 170. Section 12.103(d-1), Parks and Wildlife Code,
2569	2569	is amended to read as follows:
2570	2570	(d-1) The department may disclose information collected
2571	2571	under this section to the Department of Agriculture [Texas Animal
2572	2572	Health Commission] as needed to carry out a governmental purpose.
2573	2573	SECTION 171. Sections 43.369(b), (c), (d), and (e), Parks
2574	2574	and Wildlife Code, are amended to read as follows:
2575	2575	(b) The department in conjunction with the Department of
2576	2576	Agriculture [Texas Animal Health Commission, not later than June 1,
2577	2577	2010,] shall [develop and] maintain a process for a database to be
2578	2578	shared by both agencies. The database must include the reporting
2579	2579	data required to be provided by each deer breeder:
2580	2580	(1) to the Parks and Wildlife Department [department]
2581	2581	under this subchapter; and
2582	2582	(2) to the Department of Agriculture [Texas Animal
2583	2583	Health Commission].
2584	2584	(c) To the extent possible, the Parks and Wildlife
2585	2585	Department [department] and the Department of Agriculture [Texas
2586	2586	Animal Health Commission] shall share the database to eliminate the
2587	2587	need for a deer breeder to submit duplicate reports to the two
2588	2588	agencies.
2589	2589	(d) The Parks and Wildlife Commission and the Department of
2590	2590	Agriculture [Texas Animal Health Commission], by rule, shall
2591	2591	provide incentives to deer breeders whose cooperation results in
2592	2592	reduced costs and increased efficiency by offering:
2593	2593	(1) reduced fees for the deer breeder permit; and
2594	2594	(2) a permit with an extended duration.
2595	2595	(e) The Parks and Wildlife Commission and the Department of
2596	2596	Agriculture [Texas Animal Health Commission] may adopt rules to
2597	2597	implement this section.
2598	2598	SECTION 172. Section 43.953(a), Parks and Wildlife Code, is
2599	2599	amended to read as follows:
2600	2600	(a) Before any deer may be destroyed under this subchapter:
2601	2601	(1) an agent of the Department of Agriculture [animal
2602	2602	health commission] may conduct an epidemiological assessment:
2603	2603	(A) if the assessment can be conducted in a
2604	2604	timely manner; and
2605	2605	(B) contingent on the availability of funding;
2606	2606	and
2607	2607	(2) the Parks and Wildlife Department [department]
2608	2608	must consider the results of an assessment, if conducted, under
2609	2609	Subdivision (1).
2610	2610	SECTION 173. Sections 43.955(a) and (c), Parks and Wildlife
2611	2611	Code, are amended to read as follows:
2612	2612	(a) The applicable permit holder shall pay all costs
2613	2613	associated with:
2614	2614	(1) an epidemiological assessment conducted under
2615	2615	this subchapter to the Department of Agriculture [animal health
2616	2616	commission]; and
2617	2617	(2) except as provided by Subsection (b), the
2618	2618	destruction of deer under this subchapter to the Parks and Wildlife
2619	2619	Department [department].
2620	2620	(c) The department may not waive costs under Subsection (b)
2621	2621	if the department determines that the permit holder or an agent of
2622	2622	the permit holder, in violation of this chapter or a regulation of
2623	2623	the Department of Agriculture [commission], caused:
2624	2624	(1) the introduction of chronic wasting disease into
2625	2625	the facility; or
2626	2626	(2) a delay in the detection of chronic wasting
2627	2627	disease at the facility.
2628	2628	SECTION 174. Sections 66.007(i) and (l), Parks and Wildlife
2629	2629	Code, are amended to read as follows:
2630	2630	(i) The department may coordinate with the Department of
2631	2631	Agriculture [Texas Animal Health Commission] regarding testing for
2632	2632	diseases.
2633	2633	(l) On receiving notice from an owner of the observance of
2634	2634	manifestations of disease, the department shall immediately:
2635	2635	(1) notify the Department of Agriculture and [,] the
2636	2636	Texas Commission on Environmental Quality[, and the Texas Animal
2637	2637	Health Commission]; and
2638	2638	(2) advise the Department of Agriculture and [,] the
2639	2639	Texas Commission on Environmental Quality[, and the Texas Animal
2640	2640	Health Commission] regarding the appropriate action to be taken.
2641	2641	SECTION 175. Section 28.03(i), Penal Code, is amended to
2642	2642	read as follows:
2643	2643	(i) Notwithstanding Subsection (b), an offense under this
2644	2644	section is a felony of the first degree if the property is livestock
2645	2645	and the damage is caused by introducing bovine spongiform
2646	2646	encephalopathy, commonly known as mad cow disease, or a disease
2647	2647	listed in rules adopted by the Department of Agriculture [Texas
2648	2648	Animal Health Commission] under Section 161.041(a), Agriculture
2649	2649	Code. In this subsection, "livestock" has the meaning assigned by
2650	2650	Section 161.001, Agriculture Code.
2651	2651	SECTION 176. Sections 23.426(a), (b), and (d), Tax Code,
2652	2652	are amended to read as follows:
2653	2653	(a) The entitlement of an individual to have land the
2654	2654	individual owns designated for agricultural use under this
2655	2655	subchapter does not end because the individual ceases exclusively
2656	2656	or continuously using the land for agriculture as an occupation or a
2657	2657	business venture for profit for the period prescribed by Subsection
2658	2658	(b) if the land:
2659	2659	(1) is subject to a temporary quarantine established
2660	2660	at any time during the tax year by the Department of Agriculture
2661	2661	[Texas Animal Health Commission] for the purpose of regulating the
2662	2662	handling of livestock and eradicating ticks or exposure to ticks
2663	2663	under Chapter 167, Agriculture Code; and
2664	2664	(2) otherwise continues to qualify for the designation
2665	2665	under Section 23.42.
2666	2666	(b) Subsection (a) applies to land eligible for appraisal
2667	2667	under this subchapter only during the period that begins on the date
2668	2668	the land is designated as a tick eradication area and that ends on
2669	2669	the date the land is released from quarantine by the Department of
2670	2670	Agriculture [Texas Animal Health Commission].
2671	2671	(d) The owner of land to which this section applies must,
2672	2672	not later than the 30th day after the date the land is released from
2673	2673	quarantine by the Department of Agriculture [Texas Animal Health
2674	2674	Commission], notify in writing the chief appraiser for each
2675	2675	appraisal district in which the land is located that the land has
2676	2676	been released from quarantine by the Department of Agriculture
2677	2677	[Texas Animal Health Commission].
2678	2678	SECTION 177. Sections 23.48(a), (e), and (f), Tax Code, are
2679	2679	amended to read as follows:
2680	2680	(a) An owner of land designated for agricultural use on
2681	2681	which the Department of Agriculture [Texas Animal Health
2682	2682	Commission] has established a temporary quarantine of at least 90
2683	2683	days in length in the current tax year for the purpose of regulating
2684	2684	the handling of livestock and eradicating ticks or exposure to
2685	2685	ticks at any time during a tax year is entitled to a reappraisal of
2686	2686	the owner's land for that year on written request delivered to the
2687	2687	chief appraiser.
2688	2688	(e) In appraising the land for any subsequent tax year in
2689	2689	which the Department of Agriculture [Texas Animal Health
2690	2690	Commission] quarantine remains in place, the chief appraiser shall
2691	2691	continue to take into account the effect on the value of the land
2692	2692	caused by the infestation of ticks.
2693	2693	(f) If the owner of the land is informed by the Department of
2694	2694	Agriculture [Texas Animal Health Commission] that the quarantine is
2695	2695	no longer in place, not later than the 30th day after the date on
2696	2696	which the owner received that information the owner of the land
2697	2697	shall so notify the chief appraiser in writing. If the owner fails
2698	2698	to notify the chief appraiser as required by this subsection, a
2699	2699	penalty is imposed on the property equal to 10 percent of the
2700	2700	difference between the taxes imposed on the property in each year it
2701	2701	is erroneously allowed appraisal under this section and the taxes
2702	2702	that would otherwise have been imposed.
2703	2703	SECTION 178. Sections 23.526(a), (b), and (d), Tax Code,
2704	2704	are amended to read as follows:
2705	2705	(a) The eligibility of land for appraisal under this
2706	2706	subchapter does not end because the land ceases to be devoted
2707	2707	principally to agricultural use to the degree of intensity
2708	2708	generally accepted in the area for the period prescribed by
2709	2709	Subsection (b) if the land:
2710	2710	(1) is subject to a temporary quarantine established
2711	2711	at any time during the tax year by the Department of Agriculture
2712	2712	[Texas Animal Health Commission] for the purpose of regulating the
2713	2713	handling of livestock and eradicating ticks or exposure to ticks
2714	2714	under Chapter 167, Agriculture Code;
2715	2715	(2) is appraised under this subchapter primarily on
2716	2716	the basis of the livestock located in the area subject to quarantine
2717	2717	in the tax year; and
2718	2718	(3) otherwise continues to qualify for appraisal under
2719	2719	this subchapter.
2720	2720	(b) Subsection (a) applies to land eligible for appraisal
2721	2721	under this subchapter only during the period that begins on the date
2722	2722	the land is designated as a tick eradication area and that ends on
2723	2723	the date the land is released from quarantine by the Department of
2724	2724	Agriculture [Texas Animal Health Commission].
2725	2725	(d) The owner of land to which this section applies must,
2726	2726	not later than the 30th day after the date the land is released from
2727	2727	quarantine by the Department of Agriculture [Texas Animal Health
2728	2728	Commission], notify in writing the chief appraiser for each
2729	2729	appraisal district in which the land is located that the land has
2730	2730	been released from quarantine by the Department of Agriculture
2731	2731	[Texas Animal Health Commission].
2732	2732	SECTION 179. Sections 23.60(a), (e), and (f), Tax Code, are
2733	2733	amended to read as follows:
2734	2734	(a) An owner of qualified open-space land, other than land
2735	2735	used for wildlife management, on which the Department of
2736	2736	Agriculture [Texas Animal Health Commission] has established a
2737	2737	temporary quarantine of at least 90 days in length in the current
2738	2738	tax year for the purpose of regulating the handling of livestock and
2739	2739	eradicating ticks or exposure to ticks at any time during a tax year
2740	2740	is entitled to a reappraisal of the owner's land for that year on
2741	2741	written request delivered to the chief appraiser.
2742	2742	(e) In appraising the land for any subsequent tax year in
2743	2743	which the Department of Agriculture [Texas Animal Health
2744	2744	Commission] quarantine remains in place, the chief appraiser shall
2745	2745	continue to take into account the effect on the value of the land
2746	2746	caused by the infestation of ticks.
2747	2747	(f) If the owner of the land is informed by the Department of
2748	2748	Agriculture [Texas Animal Health Commission] that the quarantine is
2749	2749	no longer in place, not later than the 30th day after the date on
2750	2750	which the owner received that information the owner of the land
2751	2751	shall so notify the chief appraiser. If the owner fails to notify
2752	2752	the chief appraiser as required by this subsection, a penalty is
2753	2753	imposed on the property equal to 10 percent of the difference
2754	2754	between the taxes imposed on the property in each year it is
2755	2755	erroneously allowed appraisal under this section and the taxes that
2756	2756	would otherwise have been imposed.
2757	2757	SECTION 180. (a) The following provisions of the
2758	2758	Agriculture Code are repealed:
2759	2759	(1) Section 146.022(b);
2760	2760	(2) Section 161.001(a)(2);
2761	2761	(3) Section 161.008;
2762	2762	(4) Subchapter B, Chapter 161;
2763	2763	(5) Sections 161.046 and 161.053;
2764	2764	(6) Sections 161.061(d) and 161.0615(b);
2765	2765	(7) Section 164.001(1);
2766	2766	(8) Sections 164.006 and 165.001; and
2767	2767	(9) Sections 167.001(1-a) and 168.001(1).
2768	2768	(b) Section 43.952(1), Parks and Wildlife Code, is
2769	2769	repealed.
2770	2770	SECTION 181. Section 165.002, Agriculture Code, as repealed
2771	2771	by Chapter 849 (S.B. 705), Acts of the 87th Legislature, Regular
2772	2772	Session, 2021, and amended by Chapter 623 (S.B. 1997), Acts of the
2773	2773	87th Legislature, Regular Session, 2021, is repealed.
2774	2774	SECTION 182. (a) The Texas Animal Health Commission is
2775	2775	abolished and its powers and duties are transferred to the
2776	2776	Department of Agriculture. A reference in law to:
2777	2777	(1) the Texas Animal Health Commission means the
2778	2778	Department of Agriculture; and
2779	2779	(2) the executive director of the Texas Animal Health
2780	2780	Commission means the commissioner of agriculture.
2781	2781	(b) The Department of Agriculture assumes the position of
2782	2782	the Texas Animal Health Commission in relation to any liability,
2783	2783	obligation, agreement, or contract of the commission.
2784	2784	(c) The records, other property, and unobligated and
2785	2785	unexpended appropriations of the Texas Animal Health Commission
2786	2786	become the records, property, and appropriations of the Department
2787	2787	of Agriculture. The employees of the commission continue as
2788	2788	employees of the Department of Agriculture.
2789	2789	(d) A rule or form adopted by the Texas Animal Health
2790	2790	Commission that is in effect immediately before the effective date
2791	2791	of this Act becomes a rule or form of the commissioner of
2792	2792	agriculture and remains in effect until amended or repealed by the
2793	2793	commissioner. A permit, registration, certification, license, or
2794	2794	other authorization issued by the Texas Animal Health Commission
2795	2795	that is in effect immediately before the effective date of this Act,
2796	2796	or a designation made by the Texas Animal Health Commission that is
2797	2797	in effect immediately before that date, remains in effect until:
2798	2798	(1) the permit, registration, certification, license,
2799	2799	or other authorization expires or is revoked in accordance with
2800	2800	law; or
2801	2801	(2) the designation is amended or revoked by the
2802	2802	Department of Agriculture in accordance with law.
2803	2803	(e) The validity of any action taken by the Texas Animal
2804	2804	Health Commission, including by the executive director of the
2805	2805	commission, before the effective date of this Act is not affected by
2806	2806	this Act. To the extent an action continues to have effect on or
2807	2807	after the effective date of this Act, the action is considered to be
2808	2808	the action of the Department of Agriculture or the commissioner of
2809	2809	agriculture, as applicable.
2810	2810	SECTION 183. This Act takes effect September 1, 2025.