Bill Text: TX HB1591 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the regulation of disease control by the Animal Health Commission.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-03-25 - Left pending in committee [HB1591 Detail]
Download: Texas-2019-HB1591-Introduced.html
By: Springer | H.B. No. 1591 |
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relating to the regulation of disease control by the Animal Health | ||
Commission. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Sections 161.041(a), (b), (c), (d), (f), and | ||
(g), Agriculture Code, are amended to read as follows: | ||
Sec. 161.041. DISEASE CONTROL. (a) The commission shall | ||
protect all livestock, exotic livestock, native cervidae, domestic | ||
fowl, and exotic fowl from the following: | ||
(1) tuberculosis; | ||
(2) anthrax; | ||
(3) glanders; | ||
(4) infectious abortion; | ||
(5) hemorrhagic septicemia; | ||
(6) hog cholera; | ||
(7) Malta fever; | ||
(8) foot-and-mouth disease; | ||
(9) rabies among animals other than canines; | ||
(10) bacillary white diarrhea among fowl; | ||
(11) equine infectious anemia; [ |
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(12) transmissible spongiform encephalopathies; and | ||
(13) other diseases recognized as communicable by the | ||
veterinary profession. | ||
(b) The commission may act to eradicate or control any | ||
disease or agent of transmission for any disease that affects | ||
livestock, exotic livestock, native cervidae, domestic fowl, or | ||
exotic fowl, regardless of whether the disease is communicable, | ||
even if the agent of transmission is an animal species that is not | ||
subject to the jurisdiction of the commission. The commission may | ||
adopt any rules necessary to carry out the purposes of this | ||
subsection, including rules concerning testing, movement, | ||
inspection, and treatment. | ||
(c) A person commits an offense if the person knowingly | ||
fails to handle, in accordance with rules adopted by the | ||
commission, livestock, exotic livestock, native cervidae, | ||
domestic fowl, or exotic fowl: | ||
(1) infected with a disease listed in Subsection (a); | ||
(2) exposed, as defined by commission rule, to a | ||
disease listed in Subsection (a) if the commission has notified the | ||
person that the animal was exposed to the disease; or | ||
(3) subject to a testing requirement due to a risk of | ||
exposure, as defined by commission rule, to a specific disease if | ||
the commission has notified the person of the testing requirement. | ||
(d) A person commits an offense if the person knowingly | ||
fails to identify or refuses to permit an agent of the commission to | ||
identify, in accordance with rules adopted by the commission, | ||
livestock, exotic livestock, native cervidae, domestic fowl, or | ||
exotic fowl infected with a disease listed in Subsection (a). | ||
(e) An offense under Subsection (c) or (d) of this section | ||
is a Class C misdemeanor unless it is shown on the trial of the | ||
offense that the defendant has been previously convicted under this | ||
section, in which event the offense is a Class B misdemeanor. | ||
(f) In complying with this section, the commission | ||
shall [ |
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and Wildlife Department [ |
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effectively carry out its responsibilities. | ||
(g) The commission's authority to control or eradicate an | ||
agent of transmission that is an animal species that is not subject | ||
to the jurisdiction of the commission is limited to instances when a | ||
disease that threatens livestock, exotic livestock, native | ||
cervidae, domestic fowl, or exotic fowl has been confirmed or is | ||
suspected to exist in that species and the commission determines | ||
that a serious threat to livestock, exotic livestock, native | ||
cervidae, domestic fowl, or exotic fowl exists. | ||
SECTION 2. Section 43.357, Parks and Wildlife Code, is | ||
amended by adding Subsection (b-1) to read as follows: | ||
(b-1) The commission shall not make regulations concerning | ||
movement within the release site for breeder deer based on disease | ||
control under the jurisdiction of the Animal Health Commission | ||
under Section 161.041, Agriculture Code. | ||
SECTION 3. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2019. |