Bill Text: TX HB2439 | 2025-2026 | 89th Legislature | Introduced

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Bill Title: Relating to the abolishment of the Texas Animal Health Commission and the transfer of its functions to the Department of Agriculture.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2025-03-17 - Referred to Agriculture & Livestock [HB2439 Detail]

Download: Texas-2025-HB2439-Introduced.html

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89R2351 MP-D
By: Curry H.B. No. 2439

A BILL TO BE ENTITLED
AN ACT
relating to the abolishment of the Texas Animal Health Commission
and the transfer of its functions to the Department of Agriculture.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2.006(b), Agriculture Code, is amended
to read as follows:
(b) The department[, with the assistance of the Texas Animal
Health Commission,] shall pursue a policy of ensuring that the
borders of this state are secure from shipments of potentially
dangerous plant and animal pests and diseases.
SECTION 2. Section 23.002(a), Agriculture Code, is amended
to read as follows:
(a) The office shall establish the Texas food system
security and resiliency planning council. The council is composed
of the following members:
(1) three members appointed by the governor;
(2) three members appointed by the lieutenant
governor;
(3) three members appointed by the speaker of the
house of representatives;
(4) [one member of the Texas Animal Health Commission
appointed by the governor;
[(5)] one member appointed by the commissioner to
represent food banks;
(5) [(6)] one member appointed by the commissioner to
represent nonprofit organizations that provide home delivered
meals;
(6) [(7)] two members appointed by the commissioner to
represent agricultural producer organizations, marketing
associations organized under Chapter 52, or farmers' cooperative
societies incorporated under Chapter 51;
(7) [(8)] the assistant commissioner of agriculture
for the food and nutrition division as a nonvoting member;
(8) [(9)] the director of the Texas A&M AgriLife
Extension Service as a nonvoting member; and
(9) [(10)] one nonvoting member appointed by the
executive commissioner of the Health and Human Services Commission
to represent the supplemental nutrition assistance program, the
federal special supplemental nutrition program for women, infants,
and children, and the supplemental nutrition assistance
program-education.
SECTION 3. Section 71.0082(a), Agriculture Code, is amended
to read as follows:
(a) In addition to vehicle inspections authorized under
Section 71.0081, the department [and the Texas Animal Health
Commission, under the direction of the department,] shall [jointly]
conduct road station and interstate shipment inspections as
feasible at strategic points throughout this state and as
determined to be appropriate by the department [and the Texas
Animal Health Commission], taking into consideration the
significance of plant and animal inspections in proactively
protecting this state's borders.
SECTION 4. Section 134.004, Agriculture Code, is amended to
read as follows:
Sec. 134.004. CONTRACTS. The department, the Texas
Commission on Environmental Quality, [the Texas Animal Health
Commission,] and the Parks and Wildlife Department may contract
with state, federal, or private entities for assistance in carrying
out the purposes of this chapter.
SECTION 5. Sections 147.042(a) and (b), Agriculture Code,
are amended to read as follows:
(a) Each livestock auction commission merchant shall keep a
record of the motor vehicle and trailer or semitrailer on which
livestock is transported to the place of sale. The record must be
in a form prescribed by the department [Texas Animal Health
Commission] and must show the name of the owner of the livestock,
the name of the owner of the vehicle, and the name, make, and
license plate number of the vehicle. The commission merchant shall
prepare the record and make it available for public inspection
within 24 hours after receipt of the livestock.
(b) Each livestock auction commission merchant shall keep a
record of the motor vehicle and trailer or semitrailer on which
livestock is transported from the place of sale. The record must be
in a form prescribed by the department [Texas Animal Health
Commission] and must show the name and address of the purchaser of
the livestock and the name and address of the owner of the vehicle.
The commission merchant shall prepare the record and make it
available immediately after the livestock is sold and before the
livestock is removed from the place of sale.
SECTION 6. Sections 148.011(c) and (d), Agriculture Code,
are amended to read as follows:
(c) The record must be prepared and made available to the
department [Texas Animal Health Commission] and for public
inspection within 24 hours after the slaughterer receives the
livestock. The slaughterer shall preserve the record for at least
two years and shall keep the record open for public inspection at
all reasonable hours.
(d) The department [Texas Animal Health Commission] shall
disseminate the provisions of this section and Section 148.063 [of
this code] to interested persons. The department [commission]
shall carry out occasional spot checks of places maintained by
slaughterers in order to determine if the provisions of this
section are complied with.
SECTION 7. Section 161.003, Agriculture Code, is amended to
read as follows:
Sec. 161.003. DUTY OF COUNTY COMMISSIONERS COURT. (a) The
commissioners court of each county shall cooperate with and assist
the department [commission] in protecting livestock, domestic
animals, and domestic fowl from communicable diseases, regardless
of whether a particular disease exists in the county.
(b) Each commissioners court may employ a veterinarian at
the expense of the county. Any veterinarian employed is subject to
approval by the department [commission].
SECTION 8. Section 161.004, Agriculture Code, is amended to
read as follows:
Sec. 161.004. DISPOSAL OF DISEASED LIVESTOCK CARCASS. (a)
A person who is the owner or caretaker of livestock, exotic
livestock, domestic fowl, or exotic fowl that die from a disease
listed by the department [commission] in rules adopted under
Section 161.041, or who owns or controls the land on which the
livestock, exotic livestock, domestic fowl, or exotic fowl die or
on which the carcasses are found, shall dispose of the carcasses in
the manner required by the department [commission] under this
section.
(b) The Texas Commission on Environmental Quality may not
adopt a rule related to the disposal of livestock under this section
unless the rule is developed in cooperation with and is approved by
the department [Texas Animal Health Commission].
(c) The department [commission] shall:
(1) determine the most effective methods of disposing
of diseased carcasses, including methods other than burning or
burial; and
(2) by rule prescribe the method or methods that a
person may use to dispose of a carcass as required by Subsection
(a).
(d) The department [commission] by rule may delegate its
authority under this section to the commissioner [executive
director].
SECTION 9. Section 161.005, Agriculture Code, is amended to
read as follows:
Sec. 161.005. DEPARTMENT [COMMISSION] WRITTEN INSTRUMENTS.
(a) The department [commission] may authorize a department [the
executive director or another] employee to sign written instruments
on behalf of the department [commission]. [A written instrument,
including a quarantine or written notice, signed under that
authority has the same force and effect as if signed by the entire
commission.]
(b) Any written instrument issued by the department
[commission] is admissible as evidence in court if certified by the
commissioner [presiding officer or the executive director].
SECTION 10. Section 161.007, Agriculture Code, is amended
to read as follows:
Sec. 161.007. EXPOSURE OR INFECTION CONSIDERED CONTINUING.
If a veterinarian employed by the department [commission]
determines that a communicable disease exists among livestock,
domestic animals, or domestic fowl or on certain premises or that
livestock, domestic animals, or domestic fowl have been exposed to
the agency of transmission of a communicable disease, the exposure
or infection is considered to continue until the department
[commission] determines that the exposure or infection has been
eradicated through methods prescribed by department rule [of the
commission].
SECTION 11. Section 161.009, Agriculture Code, is amended
to read as follows:
Sec. 161.009. CONFIDENTIALITY OF BIOSECURITY AND OTHER
SENSITIVE INFORMATION. (a) Except as provided by Subsections (b)
and (c), information held by the department [commission] is
confidential and excepted from disclosure under Chapter 552,
Government Code, if the information consists of or relates to a
biosecurity plan, a secure food supply plan, an emergency
preparedness plan, or biosecurity data that was voluntarily
provided to the department [commission] by an owner or caretaker of
an animal.
(b) The department [commission] may release information
described by Subsection (a) to:
(1) the attorney general's office, for the purpose of
law enforcement;
(2) the secretary of the United States Department of
Agriculture, for the purpose of animal health protection;
(3) the secretary of the United States Department of
Homeland Security, for the purpose of homeland security;
(4) the Department of State Health Services, for the
purpose of protecting the public health from zoonotic diseases;
(5) any person, if required by a court order;
(6) a federal, state, municipal, or county emergency
management authority, for the purpose of management or response to
natural or man-made disasters; or
(7) any person the commissioner [executive director of
the commission] considers appropriate, if:
(A) the commissioner [executive director]
determines that:
(i) livestock may be threatened by a
disease, agent, or pest; and
(ii) the release of the information is
related to actions the department [commission] may take in
performance of its powers and duties; or
(B) the commissioner [executive director]
determines that the release of the information is necessary for
emergency management purposes under Chapter 418, Government Code.
(c) The department's [commission's] release of confidential
information under Subsection (b):
(1) does not affect the confidentiality of the
information;
(2) is not an offense under Section 552.352,
Government Code; and
(3) is not a voluntary disclosure for purposes of
Section 552.007, Government Code.
SECTION 12. The heading to Subchapter C, Chapter 161,
Agriculture Code, is amended to read as follows:
SUBCHAPTER C. GENERAL DISEASE AND PEST CONTROL AND EMERGENCY
MANAGEMENT POWERS AND DUTIES [OF COMMISSION]
SECTION 13. Section 161.041, Agriculture Code, is amended
to read as follows:
Sec. 161.041. DISEASE CONTROL. (a) The department
[commission] shall protect all livestock, exotic livestock,
domestic fowl, and exotic fowl from diseases the department
[commission] determines require control or eradication. The
department [commission] shall adopt and periodically update rules
listing the diseases that require control or eradication by the
department [commission]. Section 2001.0045, Government Code, does
not apply to rules adopted under this subsection.
(b) The department [commission] may act to eradicate or
control any disease or agent of transmission for any disease that
affects livestock, exotic livestock, 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 department [commission]. The department
[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 department
[commission], livestock, exotic livestock, domestic fowl, or
exotic fowl:
(1) infected with a disease listed by the department
[commission] by rule under Subsection (a);
(2) exposed, as defined by department [commission]
rule, to a disease listed by the department [commission] by rule
under Subsection (a) if the department [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 department [commission] rule, to a specific
disease if the department [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 department
[commission] to identify, in accordance with rules adopted by the
department [commission], livestock, exotic livestock, domestic
fowl, or exotic fowl infected with a disease listed by the
department [commission] by rule under 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 department
[commission] may not infringe on or supersede the authority of any
other agency of this state, including the authority of the Parks and
Wildlife Department relating to wildlife. If a conflict of
authority occurs, the department [commission] shall assume
responsibility for disease control efforts, but work
collaboratively with the other agency to enable each agency to
effectively carry out its responsibilities.
(g) The department's [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 department [commission] is
limited to instances when a disease that threatens livestock,
exotic livestock, domestic fowl, or exotic fowl has been confirmed
or is suspected to exist in that species and the department
[commission] determines that a serious threat to livestock, exotic
livestock, domestic fowl, or exotic fowl exists.
SECTION 14. Sections 161.0411(a), (b), (c), (d), and (e),
Agriculture Code, are amended to read as follows:
(a) A seller, distributor, or transporter of live domestic
or exotic fowl in this state shall register with the department
[commission] under this section. The department [commission] may
exempt from registration a person participating in a disease
surveillance program recognized by the department [commission].
(b) A person may apply for a certificate of registration or
a renewal of a certificate of registration under this section by
submitting an application and an annual fee prescribed by the
department [commission]. A person must complete an application for
a certificate of registration that includes a list of each location
at which the person conducts the sale, distribution, or
transportation of domestic or exotic fowl.
(c) The department [commission] shall adopt rules to
administer this section, including rules relating to the testing,
identification, transportation, inspection, sanitation, and
disinfection of domestic and exotic fowl.
(d) The department [commission] shall prescribe and collect
an annual fee for registration as a seller, distributor, or
transporter of domestic or exotic fowl in this state.
(e) The department [commission] may set fees under this
section in amounts that do not exceed the amounts necessary to
enable the department [commission] to recover the costs of
administering this section.
SECTION 15. Sections 161.0412(a) and (b), Agriculture Code,
are amended to read as follows:
(a) The department [commission] may, for disease control
purposes, require the registration of feral swine holding
facilities.
(b) To prevent the spread of disease, the department
[commission] may require a person to register with the department
[commission] if the person confines feral swine in a holding
facility for slaughter, sale, exhibition, hunting, or any other
purpose specified by department [commission] rule.
SECTION 16. Section 161.0415, Agriculture Code, is amended
to read as follows:
Sec. 161.0415. DISPOSAL OF DISEASED OR EXPOSED LIVESTOCK OR
FOWL. (a) The department [commission] by order may require the
slaughter of livestock, domestic fowl, or exotic fowl[,] under the
direction of the department [commission], or the sale of livestock,
domestic fowl, or exotic fowl for immediate slaughter at a public
slaughtering establishment maintaining federal or state inspection
if the livestock, domestic fowl, or exotic fowl is exposed to or
infected with a disease other than bluetongue or vesicular
stomatitis that:
(1) is recognized by the United States Department of
Agriculture as:
(A) a foreign animal disease; or
(B) a reportable animal disease;
(2) is the subject of a cooperative eradication
program with the United States Department of Agriculture;
(3) is an animal disease reportable to the World
Organisation for Animal Health; or
(4) is the subject of a state of emergency, as declared
by the governor.
(b) The department [commission] by order may require the
slaughter and disposal of livestock, domestic fowl, or exotic fowl
exposed to or infected with a disease not listed in Subsection (a)
if the department [commission] determines that action to be
necessary for the protection of animal health in this state. The
department [commission] shall immediately deliver a copy of an
order issued under this subsection to the appropriate legislative
oversight committees.
(c) A person may appeal an order of the department
[commission] under this section as provided by Chapter 2001,
Government Code.
(d) The Texas Commission on Environmental Quality may not
adopt a rule related to the disposal of livestock under this section
unless the rule is developed in cooperation with and is approved by
the department [Texas Animal Health Commission].
SECTION 17. Section 161.0416, Agriculture Code, is amended
to read as follows:
Sec. 161.0416. EMERGENCY MANAGEMENT. (a) The department
[commission] may prepare and plan for, respond to, and aid in the
recovery from disaster events that may affect livestock, exotic
livestock, domestic fowl, or exotic fowl, including disease
outbreaks, hurricanes, floods, tornadoes, wildfires, and acts of
terrorism.
(b) The department [commission] may assist with local
emergency management planning. This subsection may not be
construed to affect the department's [commission's] responsibility
under any other law, including Chapter 418, Government Code, or any
responsibility delegated to the department [commission] by an
emergency management authority of this state.
SECTION 18. Sections 161.0417(a), (b), (c), and (d),
Agriculture Code, are amended to read as follows:
(a) A person, including a veterinarian, must be authorized
by the department [commission] in order to engage in an activity
that is part of a state or federal disease control or eradication
program for animals.
(b) The department [commission] shall adopt rules for the
authorization of a person described by Subsection (a).
(c) The department [commission] may, after reasonable
notice, suspend or revoke a person's authorization under Subsection
(a) if the department [commission] determines that the person has
substantially failed to comply with this chapter or rules adopted
under this chapter.
(d) A person is entitled to a hearing before the department
[commission] or a hearing examiner appointed by the department
[commission] before the department [commission] may revoke the
person's authorization under Subsection (a). The department
[commission] shall make all final decisions to suspend or revoke an
authorization.
SECTION 19. Section 161.042, Agriculture Code, is amended
to read as follows:
Sec. 161.042. SALE AND DISTRIBUTION OF VETERINARY
BIOLOGICS. The department [commission] may control the sale and
distribution of all veterinary biologics except rabies vaccine.
Rabies vaccine shall be sold, distributed, dispensed, and
administered in compliance with Chapter 826, Health and Safety
Code, and the rules adopted thereunder by the executive
commissioner of the Health and Human Services Commission [Texas
Board of Health].
SECTION 20. Section 161.043, Agriculture Code, is amended
to read as follows:
Sec. 161.043. REGULATION OF EXHIBITIONS. The department
[commission] may regulate the entry of livestock, domestic animals,
and domestic fowl into exhibitions, shows, and fairs and may
require treatment or certification of those animals as reasonably
necessary to protect against communicable diseases.
SECTION 21. Section 161.044, Agriculture Code, is amended
to read as follows:
Sec. 161.044. REGULATION OF LIVESTOCK MOVEMENT FROM
STOCKYARDS OR RAILWAY SHIPPING PENS. The department [commission]
may regulate the movement of livestock out of stockyards or railway
shipping pens and require treatment or certification of those
animals as reasonably necessary to protect against communicable
diseases.
SECTION 22. Sections 161.0445(b), (c), and (d), Agriculture
Code, are amended to read as follows:
(b) The owner or person in charge of an export-import
facility shall notify the department [commission] not later than 24
hours after an animal received or held at the facility is refused
export out of this state or entry into another country.
(c) The department [commission] may require that an animal
held at an export-import facility be tested or treated for a disease
or pest if an authorized department [commission] employee considers
the test or treatment necessary. The department [commission] may
require the testing or treatment be performed before the animal is
removed from the export-import facility. This state is not liable
for the amount of any fee charged for the testing or treatment.
(d) The department [commission] may, for disease or pest
control purposes, adopt rules necessary to implement, administer,
and enforce this section. The rules may include reporting and
recordkeeping requirements and provisions governing the movement,
inspection, testing, or treatment of animals.
SECTION 23. Section 161.045, Agriculture Code, is amended
to read as follows:
Sec. 161.045. EMPLOYEES; CHIEF VETERINARIAN. The
department [commission] may employ personnel as necessary in the
administration of this chapter or other duties of the department
[commission], including a chief veterinarian, a first assistant
veterinarian, other veterinarians, and clerical personnel.
SECTION 24. Section 161.047(a), Agriculture Code, is
amended to read as follows:
(a) A [commissioner or a] veterinarian or inspector
employed by the department [commission] may enter public or private
property for the exercise of an authority or performance of a duty
under this chapter.
SECTION 25. Sections 161.048(a), (b), (c), (d), and (d-1),
Agriculture Code, are amended to read as follows:
(a) An agent of the department [commission] is entitled to
stop and inspect a shipment of animals or animal products being
transported in this state in order to:
(1) determine if the shipment is in compliance with
the laws and rules administered by the department [commission]
affecting the shipment;
(2) determine if the shipment originated from a
quarantined area or herd; or
(3) determine if the shipment presents a danger to the
public health or livestock industry through insect infestation or
through a communicable or noncommunicable disease.
(b) The department [commission] may detain a shipment of
animals or animal products that is being transported in violation
of law or a rule of the department [commission]. The department
[commission] may require that the shipment be unloaded at the
nearest available loading facility.
(c) The department [commission] may not inspect a railroad
train at any point other than a terminal.
(d) The department [commission] may post signs on public
highways and use signaling devices, including red lights, in
conjunction with signs, if necessary to effectively signal and stop
vehicles for inspection.
(d-1) The department [commission] may enter into an
agreement with a corporation or other private entity to provide
goods or services for the establishment and operation of
checkpoints or the performance of inspections under this section.
SECTION 26. Sections 161.049(c), (d), and (e), Agriculture
Code, are amended to read as follows:
(c) The department [commission] may require a livestock,
exotic livestock, domestic fowl, or exotic fowl dealer to maintain
records of all livestock, exotic livestock, domestic fowl, or
exotic fowl bought and sold by the dealer.
(d) The department [commission] may inspect and copy the
records of a livestock, exotic livestock, domestic fowl, or exotic
fowl dealer that relate to the buying and selling of those animals.
(e) The department [commission] by rule shall adopt the form
and content of the records maintained by a dealer under Subsection
(c) [of this section].
SECTION 27. Section 161.050, Agriculture Code, is amended
to read as follows:
Sec. 161.050. INJUNCTION. The department [commission] is
entitled to appropriate injunctive relief to prevent or abate a
violation of a statute administered or enforced by the department
[commission] or a rule adopted or order issued by the department
[commission] under such a statute. On request of the department
[commission], the attorney general shall file suit for the
injunctive relief. Venue is in Travis County.
SECTION 28. Section 161.051, Agriculture Code, is amended
to read as follows:
Sec. 161.051. MEMORANDUM OF UNDERSTANDING ON ENFORCEMENT OF
DEPARTMENT [COMMISSION] POWERS. (a) The Department of Agriculture
[commission] and the Department of Public Safety by rule shall
adopt a joint memorandum of understanding that includes provisions
under which Department of Public Safety officers are to check for
health papers and permits when a livestock vehicle is stopped for
other reasons in the regular course of the officers' duties. The
memorandum shall require:
(1) Department of Agriculture [commission] staff to
provide information to Department of Public Safety officers
regarding health papers and permits;
(2) Department of Public Safety officers to report
potential problems to the Department of Agriculture [commission];
(3) Department of Agriculture [commission] staff to
investigate possible violations reported by Department of Public
Safety officers;
(4) Department of Public Safety officers to provide
assistance when requested by the Department of Agriculture
[commission]; and
(5) Department of Agriculture [commission] personnel
to notify the Department of Public Safety, when appropriate, of the
location of Department of Agriculture [commission] roadblocks or
special or night operations.
(b) The Department of Agriculture [commission] and the
Department of Public Safety shall review and update the memorandum
not later than the last month of each state fiscal year.
SECTION 29. Section 161.052, Agriculture Code, is amended
to read as follows:
Sec. 161.052. MEMORANDUM OF UNDERSTANDING ON COOPERATION
WITH LOCAL AUTHORITIES. (a) The department [commission] and the
commissioners court of a county by rule may adopt a joint memorandum
of understanding that includes provisions under which the sheriff
of that county or the sheriff's deputies are to check for health
papers and permits when a livestock vehicle is stopped for other
reasons in the regular course of the sheriff's or the deputies'
duties. The memorandum shall require:
(1) department [commission] staff to provide
information to the sheriff and the deputies regarding health papers
and permits;
(2) the sheriff and the deputies to report potential
problems to the department [commission];
(3) department [commission] staff to investigate
possible violations reported by the sheriff or the deputies;
(4) the sheriff or deputies to provide assistance when
requested by the department [commission]; and
(5) department [commission] personnel to notify the
sheriff, when appropriate, of department [commission] roadblocks
located in the county or special or night operations planned for the
county.
(b) The department [commission] and each commissioners
court with which the department [commission] adopted a memorandum
of understanding shall review and update the memorandum not later
than the last month of each state fiscal year.
SECTION 30. Section 161.0525, Agriculture Code, is amended
to read as follows:
Sec. 161.0525. MEMORANDUM OF UNDERSTANDING ON COOPERATION
WITH OTHER STATES. The department [commission] by rule, subject to
approval by the governor, may adopt a joint memorandum of
understanding with another state that includes provisions under
which the department [commission] and the other state may provide
assistance to each other in the case of an animal disease outbreak.
SECTION 31. Section 161.054, Agriculture Code, is amended
to read as follows:
Sec. 161.054. REGULATION OF MOVEMENT OF ANIMALS; EXCEPTION.
(a) As a control measure, the department [commission] by rule may
regulate the movement of animals, including feral swine. The
department [commission] may restrict the intrastate movement of
animals, including feral swine, even though the movement of the
animals is unrestricted in interstate or international commerce.
The department [commission] may require testing, vaccination, or
another epidemiologically sound procedure before or after animals
are moved.
(b) The department [commission] by rule may prohibit or
regulate the movement of animals, including feral swine, into a
quarantined herd, premise, or area.
(c) The department [commission] may not adopt a rule that
prohibits a person from moving animals, including feral swine,
owned by that person within unquarantined contiguous lands owned or
controlled by that person.
(d) On application of the owner of an animal, including a
feral swine, a restriction on the movement of the animal imposed
under this chapter may be modified by order of the commissioner
[executive director of the commission] if the owner demonstrates
that the restriction will result in unusual hardship for the owner.
In considering an application under this section, the commissioner
[executive director] may consider the effect of prolonged drought,
inadequacy of pasturage or unusual feed supply resulting from
disaster or other unforeseeable circumstances, or economic
hardship.
(e) In connection with the regulation of the movement of
feral swine, the department [commission] by rule may require
disease testing before movement of a feral swine from one location
to another, and establish the conditions under which feral swine
may be transported.
(f) The department's [commission's] authority to regulate
the movement of feral swine may not interfere with the authority of
the Parks and Wildlife Department to regulate the hunting or
trapping of feral swine.
SECTION 32. Sections 161.0541(a), (b), and (c), Agriculture
Code, are amended to read as follows:
(a) The department [commission] by rule may establish a
disease surveillance program for elk.
(b) Rules adopted under this section must:
(1) require each person who moves elk in this state to
have elk tested for chronic wasting disease or other diseases as
determined by the department [commission];
(2) be designed to protect the health of the elk
population in this state; and
(3) include provisions for testing, identification,
transportation, and inspection under the disease surveillance
program.
(c) A person commits an offense if the person knowingly
violates a rule adopted by the department [commission] under this
section.
SECTION 33. Section 161.0542, Agriculture Code, is amended
to read as follows:
Sec. 161.0542. NOTICE OF WILDLIFE DISEASE OUTBREAK. (a)
Notwithstanding any law restricting the disclosure of information
by the department [commission] and subject to Subsection (b), if
the department [commission] becomes aware of a wildlife disease
outbreak on a property, the department [commission] shall provide
notice of the location and nature of the outbreak to:
(1) each owner of adjacent property; and
(2) the Parks and Wildlife Department.
(b) Subsection (a) applies only to a disease that the
department [commission] has designated as reportable.
SECTION 34. Section 161.0545, Agriculture Code, is amended
to read as follows:
Sec. 161.0545. MOVEMENT OF ANIMAL PRODUCTS. The department
[commission] may adopt rules that require the certification of
persons who transport or dispose of inedible animal products,
including carcasses, body parts, and waste material. The
department [commission] by rule may provide terms and conditions
for the issuance, renewal, and revocation of a certification under
this section.
SECTION 35. Sections 161.055(a) and (b), Agriculture Code,
are amended to read as follows:
(a) The department [commission] may require slaughter
plants to collect and submit blood samples and other diagnostic
specimens for testing for disease.
(b) The department [commission] by rule shall determine the
method of collecting, submitting, and testing of blood samples and
other diagnostic specimens.
SECTION 36. Section 161.056, Agriculture Code, is amended
to read as follows:
Sec. 161.056. ANIMAL IDENTIFICATION PROGRAM. (a) In order
to provide for disease control and enhance the ability to trace
disease-infected animals or animals that have been exposed to
disease, the department [commission] may develop and implement an
animal identification program that is no more stringent than a
federal animal disease traceability or other federal animal
identification program.
(c) The department [commission] may adopt rules to require
the use of official identification as part of the animal
identification program under Subsection (a) for animal disease
control or animal emergency management.
(d) The department [commission] may [by a two-thirds vote]
adopt rules to provide for an animal identification program more
stringent than a program allowed by Subsection (a) only for control
of a specific animal disease or for animal emergency management.
(e) Information collected by the department [commission]
under this section is exempt from the public disclosure
requirements of Chapter 552, Government Code. The department
[commission] may provide information to another person, including a
governmental entity, without altering the confidential status of
the information. The department [commission] may release
information to:
(1) a person who owns or controls animals and seeks
information regarding those animals, if the person requests the
information in writing;
(2) the attorney general's office, for the purpose of
law enforcement;
(3) the secretary of the United States Department of
Agriculture, for the purpose of animal health protection;
(4) the secretary of the United States Department of
Homeland Security, for the purpose of homeland security;
(5) the Department of State Health Services, for the
purpose of protecting the public health from zoonotic diseases;
(6) any person, under an order of a court of competent
jurisdiction;
(7) a state, municipal, or county emergency management
authority, for the purpose of management or response to natural or
man-made disasters; or
(8) any person the commissioner [executive director of
the commission] considers appropriate, if the commissioner
[executive director] determines that:
(A) livestock may be threatened by a disease,
agent, or pest; and
(B) the release of the information is related to
actions the department [commission] may take under this section.
(f) Notwithstanding Subsection (e), the department
[commission] shall release information collected under this
section if the release is necessary for emergency management
purposes under Chapter 418, Government Code. The release of
information under this subsection does not alter the confidential
status of the information.
(i) The department [commission] may adopt rules necessary
to implement and enforce this section.
SECTION 37. Section 161.057, Agriculture Code, is amended
to read as follows:
Sec. 161.057. CLASSIFICATION OF AREAS. (a) The department
[commission] by rule may prescribe criteria for classifying areas
in the state for disease control. The criteria must be based on
sound epidemiological principles. The department [commission] may
prescribe different control measures and procedures for areas with
different classifications.
(b) The department [commission] by rule may designate as a
particular classification an area consisting of one or more
counties.
SECTION 38. Section 161.058, Agriculture Code, is amended
to read as follows:
Sec. 161.058. COMPENSATION OF LIVESTOCK OR FOWL OWNER. (a)
The department [commission] may pay an indemnity to the owner of
livestock, domestic fowl, or exotic fowl exposed to or infected
with a disease if the department [commission] considers it
necessary to eradicate the disease and to dispose of the exposed or
diseased livestock, domestic fowl, or exotic fowl. The department
[commission] shall provide the owner with information regarding
available state or federal indemnity funds.
(b) The department [commission] may adopt rules for the
implementation of this section, including rules governing:
(1) eligibility for compensation;
(2) amounts of compensation; and
(3) limits and restrictions on compensation.
(c) The department [commission] may spend funds
appropriated for the purpose of this section only for direct
payment to owners of exposed or infected livestock, domestic fowl,
or exotic fowl.
SECTION 39. Section 161.059, Agriculture Code, is amended
to read as follows:
Sec. 161.059. QUALITY ASSURANCE ASSISTANCE. On request of
an organization representing producers of a commodity in an
industry regulated by the department [commission], the department
[commission] may assist in the development, support, and oversight
of a food safety or quality assurance program, including the
provision of testing services.
SECTION 40. Section 161.060, Agriculture Code, is amended
to read as follows:
Sec. 161.060. AUTHORITY TO SET AND COLLECT FEES. [(a)] The
department [commission] may charge a fee, as provided by department
[commission] rule, for an inspection made by the department
[commission].
SECTION 41. Section 161.0601, Agriculture Code, is amended
to read as follows:
Sec. 161.0601. CERTIFICATES OF VETERINARY INSPECTION. (a)
The department [commission] by rule may provide for the issuance,
including electronically, of a certificate of veterinary
inspection by a veterinarian to a person transporting livestock,
exotic livestock, domestic fowl, or exotic fowl.
(b) The department [commission] by rule shall set and charge
a fee for each certificate of veterinary inspection provided to a
veterinarian under this section.
SECTION 42. Section 161.0602, Agriculture Code, is amended
to read as follows:
Sec. 161.0602. PERSONS OR LABORATORIES PERFORMING EQUINE
INFECTIOUS ANEMIA TESTS. (a) The department [commission] shall
adopt rules that require a person or laboratory to be approved by
the department [commission] if the person or laboratory performs an
official equine infectious anemia test.
(b) Rules adopted under this section must include:
(1) approval requirements;
(2) provisions governing the issuance, renewal, and
revocation of an approval;
(3) inspection requirements;
(4) recordkeeping requirements;
(5) equine infectious anemia testing methods approved
by the department [commission]; and
(6) proficiency standards.
SECTION 43. Sections 161.0603(b), (c), and (d), Agriculture
Code, are amended to read as follows:
(b) This section does not prevent the department
[commission] from:
(1) using a laboratory other than the Texas A&M
Veterinary Medical Diagnostic Laboratory for a test as needed; or
(2) collecting specimens and performing field tests to
diagnose animal diseases.
(c) The department [commission] and the Texas A&M
Veterinary Medical Diagnostic Laboratory shall enter into a
memorandum of understanding to:
(1) establish the laboratory services to be performed
by the Texas A&M Veterinary Medical Diagnostic Laboratory;
(2) provide reporting requirements for the Texas A&M
Veterinary Medical Diagnostic Laboratory on all test requests
received from the department [commission]; and
(3) set fees associated with laboratory services
performed for the department [commission] in amounts sufficient to
recover the costs of those services.
(d) The department [commission] and the Texas A&M
Veterinary Medical Diagnostic Laboratory shall annually review the
memorandum of understanding under Subsection (c).
SECTION 44. Sections 161.061(a) and (c), Agriculture Code,
are amended to read as follows:
(a) The department [commission] may establish a quarantine
against all or the portion of a state, territory, or country in
which a disease listed in rules adopted under Section 161.041
exists.
(c) The department [commission] may establish a quarantine
to prohibit or regulate the movement of:
(1) any article or animal that the department
[commission] designates to be a carrier of a disease listed in rules
adopted under Section 161.041 or a potential carrier of one of those
diseases, if movement is not otherwise regulated or prohibited; and
(2) an animal into an affected area, including a
county district, pasture, lot, ranch, farm, field, range,
thoroughfare, building, stable, or stockyard pen.
SECTION 45. Sections 161.0615(a) and (c), Agriculture Code,
are amended to read as follows:
(a) The department [commission] may quarantine livestock,
exotic livestock, domestic fowl, or exotic fowl in all or any part
of this state as a means of immediately restricting the movement of
animals potentially infected with disease and shall clearly
describe the territory included in a quarantine area.
(c) The department [commission] by rule shall prescribe the
manner in which notice of a statewide or widespread quarantine
under this section is to be published.
SECTION 46. Section 161.062, Agriculture Code, is amended
to read as follows:
Sec. 161.062. PUBLICATION OF NOTICE. (a) Except as
provided by Section 161.0615, the department [commission] shall
give notice of a quarantine against another state, territory, or
country by publishing notice in a newspaper published in Texas. The
quarantine takes effect on the date of publication. The department
[commission] shall pay the expense of publication out of any
appropriation made for office and stationery expenses of the
department [commission].
(b) The department [commission] shall give notice of a
quarantine established within this state by publishing notice in a
newspaper published in the county in which the quarantine is
established, by posting notice at the courthouse door of that
county, or by delivering a written notice to the owner or caretaker
of the animals or places to be quarantined. The department
[commission] may pay the expense of publication or posting out of
any appropriation made for the office and stationery expenses of
the department [commission] or out of any appropriation made for
the control or eradication of communicable diseases of livestock.
The commissioners court of a county in which a quarantine is
established may pay the expenses of publication or posting out of
any available funds of the county.
SECTION 47. Sections 161.063(a) and (d), Agriculture Code,
are amended to read as follows:
(a) A quarantine notice must state the requirements and
restrictions under which animals may be permitted to enter this
state or to be moved from a quarantined area within this state. If
the seriousness of the disease is sufficient to warrant prohibiting
the movement of animals, the notice must state that the movement is
prohibited. The quarantine notice must state the class of persons
authorized by the department [commission] to issue certificates or
permits permitting movement.
(d) If the quarantine regulates or prohibits the movement of
a carrier or potential carrier of a disease, the department
[commission] may prescribe any exceptions, terms, conditions, or
provisions that the department [commission] considers necessary or
desirable to promote the objectives of this chapter or to minimize
the economic impact of the quarantine without endangering those
objectives or the health and safety of the public. Any exceptions,
terms, conditions, or provisions prescribed under this subsection
must be stated in the quarantine notice.
SECTION 48. Sections 161.065(b) and (c), Agriculture Code,
are amended to read as follows:
(b) The department [commission] may provide for a written
certificate or written permit authorizing the movement of
commodities or animals from quarantined places or the movement of
quarantined commodities or animals. The certificate or permit must
be issued by a veterinarian or other person authorized by the
department [commission] to issue a certificate or permit. Each
certificate or permit must be issued in conformity with the
requirements stated in the quarantine notice.
(c) If the department [commission] finds animals that have
been moved in violation of a quarantine established under this
chapter or in violation of any other livestock sanitary law, the
department [commission] shall quarantine the animals until they
have been properly treated, vaccinated, tested, or disposed of in
accordance with the rules of the department [commission].
SECTION 49. Section 161.081, Agriculture Code, is amended
to read as follows:
Sec. 161.081. IMPORTATION OF ANIMALS. (a) The department
[commission] by rule may regulate the movement, including movement
by a railroad company or other common carrier, of livestock, exotic
livestock, domestic animals, domestic fowl, or exotic fowl into
this state from another state, territory, or country.
(b) The department [commission] by rule may provide the
method for inspecting and testing animals before and after entry
into this state.
(c) The department [commission] by rule may provide for the
issuance and form of health certificates and entry permits. The
rules may include standards for determining which veterinarians of
this state, other states, and departments of the federal government
are authorized to issue the certificates or permits.
SECTION 50. Section 161.101, Agriculture Code, is amended
to read as follows:
Sec. 161.101. DUTY TO REPORT. (a) A veterinarian, a
veterinary diagnostic laboratory, or a person having care, custody,
or control of an animal shall report to the department [commission]
the existence of diseases listed in rules adopted by the department
[commission] among livestock, exotic livestock, bison, domestic
fowl, or exotic fowl within 24 hours after diagnosis of the disease.
The department [commission] shall adopt and periodically update
rules listing the diseases that the department [commission]
determines require reporting under this section. Section
2001.0045, Government Code, does not apply to rules adopted under
this subsection.
(b) In addition to reporting required by Subsection (a), the
department [commission] may adopt rules that require a
veterinarian, a veterinary diagnostic laboratory, or a person
having care, custody, or control of an animal to report the
existence of a disease other than bluetongue in an animal to the
department [commission] within 24 hours after diagnosis if the
disease:
(1) is recognized by the United States Department of
Agriculture as:
(A) a foreign animal disease; or
(B) a reportable animal disease;
(2) is the subject of a cooperative eradication
program with the United States Department of Agriculture;
(3) is an animal disease reportable to the World
Organisation for Animal Health; or
(4) is the subject of a state of emergency, as declared
by the governor.
(c) The department [commission] may adopt rules that
require a veterinarian, a veterinary diagnostic laboratory, or a
person having care, custody, or control of an animal to report a
disease not covered by Subsection (a) or (b) if the department
[commission] determines that action to be necessary for the
protection of animal health in this state. The department
[commission] shall immediately deliver a copy of a rule adopted
under this subsection to the appropriate legislative oversight
committees.
(d) The department [commission] may not adopt, amend, or
repeal a rule under this section unless the department [commission]
holds a public hearing on the proposed action following public
notice of the hearing.
SECTION 51. Section 161.102, Agriculture Code, is amended
to read as follows:
Sec. 161.102. SUBMISSION OF SPECIMEN OF ANTHRAX VICTIM.
Immediately after pronouncing that an animal has died from anthrax,
as evidenced by a clinical or postmortem examination, a
veterinarian shall prepare and submit to the department
[commission] or a laboratory approved by the department
[commission]:
(1) a suitable specimen from the animal;
(2) the name and address of the owner or caretaker of
the animal; and
(3) the location of the premises on which the animal
died.
SECTION 52. Section 161.112, Agriculture Code, is amended
to read as follows:
Sec. 161.112. RULES. (a) Following notice and public
hearing, the department [commission] shall adopt rules relating to
the movement of livestock, exotic livestock, and exotic fowl from
livestock markets and shall require tests, immunization, or
treatment as necessary to protect against the spread of
communicable diseases.
(b) Following notice and public hearing, the department
[commission] may adopt rules requiring permits for moving exotic
livestock and exotic fowl from livestock markets as necessary to
protect against the spread of communicable diseases.
SECTION 53. Section 161.113, Agriculture Code, is amended
to read as follows:
Sec. 161.113. TESTING, TREATMENT, OR VACCINATION OF
LIVESTOCK. (a) The department [commission] shall adopt rules for
testing, treatment, or vaccination under this subchapter. The
state may not be required to pay the cost of fees charged for the
testing, treatment, or vaccination.
(b) If the department [commission] requires the dipping of
livestock under this subchapter, the livestock shall be treated in
a manner prescribed by department rule [of the commission].
(c) The department [commission] may require the owner or
operator of a livestock market to furnish adequate equipment or
facilities or have access to essential equipment or facilities
within the immediate vicinity of the livestock market.
SECTION 54. Section 161.115, Agriculture Code, is amended
to read as follows:
Sec. 161.115. ENTRY POWER. An agent of the department
[commission] is entitled to enter any livestock market for the
exercise of authority or performance of a duty under this
subchapter.
SECTION 55. Sections 161.116(a), (b), (d), (e), and (g),
Agriculture Code, are amended to read as follows:
(a) In this section [action], "diseased" means affected by
actinobacillosis, actinomycosis, carcinoma, mastitis, or any other
disease that renders the carcass of an animal potentially dangerous
for human consumption and has been so designated by department rule
[of the commission].
(b) Except as provided by Subsection (c) [of this section],
a person may not sell diseased cattle unless:
(1) the cattle are sold through a livestock market
where visual examination of livestock is made by an agent of the
department [commission] or by the United States Department of
Agriculture; or
(2) the cattle are sold by a recognized slaughtering
establishment maintaining federal, state, or state-approved
veterinary postmortem inspection.
(d) A person may not release diseased cattle from a
livestock market unless the cattle are:
(1) consigned directly to a federally approved
terminal market or to a slaughtering establishment maintaining
federal, state, or state-approved veterinary postmortem
inspection; and
(2) accompanied by a certificate or permit issued by a
representative of the department [commission] or the United States
Department of Agriculture naming the terminal market or
slaughtering establishment.
(e) This section does not prevent the original owner of
diseased cattle, or an agent of the owner, from voiding the sale of
the cattle if the owner is not satisfied with the top bid price, but
the owner shall obtain a certificate or permit under Subsection (d)
[of this section] and shall deliver the cattle to the place
specified on the certificate or permit. A person is not liable for
a violation of this subsection unless the agent of the department
[commission] shows the person a list of approved establishments to
which the cattle may be consigned and allows the person to select an
establishment from that list.
(g) A person may not release diseased cattle from a terminal
market or slaughtering establishment to which the cattle have been
consigned under a certificate or permit issued under Subsection (d)
[of this section] except on authority of the department
[commission].
SECTION 56. Section 161.134, Agriculture Code, is amended
to read as follows:
Sec. 161.134. PROOF OF TREATMENT OR VACCINATION. In the
trial of any case involving the compliance of an owner or caretaker
with a provision of this chapter requiring the treatment or
vaccination of livestock, a person may not attempt to prove that the
action was taken by a person other than an authorized
representative of the department [commission].
SECTION 57. Section 161.136(a), Agriculture Code, is
amended to read as follows:
(a) A person commits an offense if, without a certificate
required by department rule [of the commission] under Section
161.043 [of this code], the person:
(1) enters livestock, exotic livestock, domestic
animals, domestic fowl, or exotic fowl into an exhibition, show, or
fair; or
(2) brings livestock, exotic livestock, domestic
animals, domestic fowl, or exotic fowl on the grounds of an
exhibition, show, or fair for the purpose of entering.
SECTION 58. Section 161.137(a), Agriculture Code, is
amended to read as follows:
(a) A person commits an offense if the person:
(1) removes livestock from a stockyard or railway
shipping pen without a certificate required by department rule [of
the commission] under Section 161.044 [of this code]; or
(2) as the owner or person in charge of the stockyard
or pen, permits the removal of livestock under Subdivision (1) [of
this section].
SECTION 59. Section 161.1375(a), Agriculture Code, is
amended to read as follows:
(a) A person commits an offense if the person recklessly:
(1) moves feral swine in a manner that is not in
compliance with department rules adopted [by the commission] under
Section 161.0412 or 161.054; or
(2) as the owner or person in charge of a holding
facility in which a feral swine is held, permits another to remove
feral swine from the holding facility in a manner that is not in
compliance with those rules.
SECTION 60. Section 161.138(a), Agriculture Code, is
amended to read as follows:
(a) A person commits an offense if the person refuses to
permit a representative of the department [commission] to enter
property or premises of which the person is the owner, tenant, or
caretaker for the purpose of carrying out a provision of this
chapter.
SECTION 61. Section 161.139(a), Agriculture Code, is
amended to read as follows:
(a) A person commits an offense if the person:
(1) refuses to permit inspection of animals under
Section 161.048 [of this code]; or
(2) fails to stop a truck, trailer, wagon, or
automobile suspected of carrying animals or animal products if
requested or signaled to do so by an agent of the department
[commission].
SECTION 62. Section 161.140(a), Agriculture Code, is
amended to read as follows:
(a) A person commits an offense if the person:
(1) refuses to allow the department [commission] or an
agent of the department [commission] to examine an animal or all or
part of an animal carcass that is owned by or possessed by the
person and that the department [commission] or agent has reason to
believe is affected by a communicable disease; or
(2) hinders or obstructs the department [commission]
or its agent in an examination under Subdivision (1) [of this
subsection].
SECTION 63. Section 161.1405(a), Agriculture Code, is
amended to read as follows:
(a) A person who is the owner or caretaker of livestock,
exotic livestock, fowl, or exotic fowl commits an offense if the
person knowingly refuses to gather the animals for testing,
identification, inspection, or another procedure required by
department [commission] rule.
SECTION 64. Sections 161.143(a) and (c), Agriculture Code,
are amended to read as follows:
(a) A person, including a railroad company or other common
carrier, commits an offense if the person knowingly moves an animal
into this state in violation of a department rule [of the
commission] adopted under Section 161.081 [of this code].
(c) A person commits a separate offense for each animal
moved in violation of a department rule [of the commission].
SECTION 65. Sections 161.146(a) and (b), Agriculture Code,
are amended to read as follows:
(a) A person commits an offense if the person, as the owner
or operator of a livestock market, fails or refuses to furnish
adequate facilities in accordance with Section 161.113(c) [of this
code] or fails or refuses to permit an agent of the department
[commission] to enter the market, exercise an authority, or perform
a duty under Subchapter G [of this chapter]. A person commits a
separate offense for each day of failure or refusal.
(b) A person commits an offense if the person removes
livestock from a livestock market without a certificate required by
department rule [of the commission] adopted under Subchapter G [of
this chapter].
SECTION 66. Sections 161.148(a), (d), (e), (f), (g), (h),
(i), (j), (k), (l), (m), and (n), Agriculture Code, are amended to
read as follows:
(a) The department [commission] may impose an
administrative penalty on a person who violates this subtitle or a
rule or order adopted under this subtitle.
(d) If the department [An executive director who]
determines that a violation has occurred, the department may issue
[to the commission] a report that states the facts on which the
determination is based and the department's [director's]
recommendation on the imposition of a penalty, including a
recommendation on the amount of the penalty.
(e) Within 14 days after the date the report is issued, the
department [executive director] shall give written notice of the
report to the person. The notice may be given by certified mail.
The notice must include a brief summary of the alleged violation and
a statement of the amount of the recommended penalty and must inform
the person that the person has a right to a hearing on the
occurrence of the violation, the amount of the penalty, or both the
occurrence of the violation and the amount of the penalty.
(f) Within 20 days after the date the person receives the
notice, the person in writing may accept the determination and
recommended penalty of the department [executive director] or may
make a written request for a hearing on the occurrence of the
violation, the amount of the penalty, or both the occurrence of the
violation and the amount of the penalty.
(g) If the person accepts the determination and recommended
penalty of the department [executive director], the department
[commission] by order shall approve the determination and impose
the recommended penalty.
(h) If the person requests a hearing or fails to respond
timely to the notice, an administrative law judge of the State
Office of Administrative Hearings [the executive director] shall
set a hearing and the department shall give notice of the hearing to
the person. The hearing shall be held by the [an] administrative
law judge [of the State Office of Administrative Hearings]. The
administrative law judge shall make findings of fact and
conclusions of law and promptly issue to the department
[commission] a proposal for a decision about the occurrence of the
violation and the amount of a proposed penalty. Based on the
findings of fact, conclusions of law, and proposal for a decision,
the department [commission] by order may find that a violation has
occurred and impose a penalty or may find that no violation
occurred.
(i) The notice of the department's [commission's] order
given to the person under Chapter 2001, Government Code, must
include a statement of the right of the person to judicial review of
the order.
(j) Within 30 days after the date the department's
[commission's] order becomes final as provided by Section 2001.144,
Government Code, the person shall:
(1) pay the amount of the penalty;
(2) pay the amount of the penalty and file a petition
for judicial review contesting the occurrence of the violation, the
amount of the penalty, or both the occurrence of the violation and
the amount of the penalty; or
(3) without paying the amount of the penalty, file a
petition for judicial review contesting the occurrence of the
violation, the amount of the penalty, or both the occurrence of the
violation and the amount of the penalty.
(k) Within the 30-day period, a person who acts under
Subsection (j)(3) [of this section] may:
(1) stay enforcement of the penalty by:
(A) paying the amount of the penalty to the court
for placement in an escrow account; or
(B) giving to the court a supersedeas bond that
is approved by the court for the amount of the penalty and that is
effective until all judicial review of the department's [board's]
order is final; or
(2) request the court to stay enforcement of the
penalty by:
(A) filing with the court a sworn affidavit of
the person stating that the person is financially unable to pay the
amount of the penalty and is financially unable to give the
supersedeas bond; and
(B) giving a copy of the affidavit to the
department [executive director] by certified mail.
(l) The department, on receipt of [An executive director who
receives] a copy of an affidavit under Subsection (k)(2), [of this
section] may file with the court[,] within five days after the date
the copy is received[,] a contest to the affidavit. The court shall
hold a hearing on the facts alleged in the affidavit as soon as
practicable and shall stay the enforcement of the penalty on
finding that the alleged facts are true. The person who files an
affidavit has the burden of proving that the person is financially
unable to pay the amount of the penalty and to give a supersedeas
bond.
(m) If the person does not pay the amount of the penalty and
the enforcement of the penalty is not stayed, the department
[executive director] may refer the matter to the attorney general
for collection of the amount of the penalty.
(n) Judicial review of the order of the department
[commission]:
(1) is instituted by filing a petition as provided by
Subchapter G, Chapter 2001, Government Code; and
(2) is under the substantial evidence rule.
SECTION 67. Section 162.001(a), Agriculture Code, is
amended to read as follows:
(a) In this chapter, "caretaker" means a caretaker of an
animal as described[:
[(1) "Caretaker" has the meaning assigned] by Section
161.002 [of this code].
[(2) "Commission" means the Texas Animal Health
Commission.]
SECTION 68. Section 162.002, Agriculture Code, is amended
to read as follows:
Sec. 162.002. COOPERATIVE PROGRAM. (a) The department
[commission] may cooperate with the United States Department of
Agriculture and the county commissioners courts in a cooperative
program for the eradication of tuberculosis among cattle and the
establishment of areas based on prevalence of the disease.
(b) The commissioners court of each county may cooperate
with the department [commission] and the United States Department
of Agriculture in a cooperative program under this chapter, but
shall cooperate if presented with a petition signed by at least 75
percent of the owners of cattle in the county as shown by the county
tax rolls.
SECTION 69. Section 162.003, Agriculture Code, is amended
to read as follows:
Sec. 162.003. TESTING. The department [commission] by rule
shall prescribe the manner, method, and system of testing cattle
for tuberculosis under a cooperative program.
SECTION 70. Section 162.004, Agriculture Code, is amended
to read as follows:
Sec. 162.004. CERTIFICATE OF TEST OR VACCINATION OF CATTLE
OR OTHER ANIMALS. (a) For each tuberculosis test performed on
cattle, hogs, or fowl, a veterinarian shall file a certificate with
the department [commission] that identifies the animals tested and
shows:
(1) the name and post office address of the owner;
(2) the location of the premises and the animals;
(3) the date of the test;
(4) the kind of test conducted;
(5) the result of the test; and
(6) whether the test was an interstate, accredited
herd, municipal, or private test.
(b) For each vaccination of hogs, a veterinarian shall file
a certificate with the department [commission] that shows:
(1) the name and post office address of the owner;
(2) the location of the premises;
(3) the number of hogs vaccinated; and
(4) the amount and serial number of the serum and virus
or other biologics used.
(c) A certificate under this section must be:
(1) in a form prescribed by the department
[commission]; and
(2) sent to the department [commission] within the
time prescribed by the department [commission] by rule.
SECTION 71. Section 162.005, Agriculture Code, is amended
to read as follows:
Sec. 162.005. IDENTIFICATION OF CATTLE. If cattle examined
by a veterinarian show a positive reaction to the tuberculin test or
show evidence of tuberculosis infection by clinical or laboratory
examination, the veterinarian shall:
(1) comply with any identification requirements of the
department [commission]; and
(2) not later than 48 hours after the identification,
report the identification to the department [commission], together
with the location, description, and number of animals identified.
SECTION 72. Sections 162.006(a) and (b), Agriculture Code,
are amended to read as follows:
(a) The department [commission] shall immediately
quarantine cattle and the premises on which the cattle are located
if the cattle show a positive reaction when tested for tuberculosis
by a veterinarian recognized by the department [commission] for
that purpose.
(b) Before the establishment of a quarantine a person may
not move the cattle that show a positive reaction from the enclosure
in which they were located at the time of testing, and may not sell,
trade, barter, grant, or loan those animals. After a quarantine is
established, a person may not move any cattle from the quarantined
premises without first obtaining a written permit from the
department [commission].
SECTION 73. Section 162.009, Agriculture Code, is amended
to read as follows:
Sec. 162.009. TUBERCULOSIS MODIFIED ACCREDITED ADVANCED
AND TUBERCULOSIS FREE AREAS. (a) As part of a cooperative program,
the department [commission] or its representative may examine,
test, and retest any cattle in this state as necessary to maintain
an area of this state as a tuberculosis modified accredited
advanced area or to establish or maintain each area of this state as
a tuberculosis free area under the uniform methods and rules of the
United States Department of Agriculture and the rules of the
department [commission].
(b) The department [commission] or its representative may
test or retest all or part of a herd of cattle at intervals
considered necessary or advisable by the department [commission] to
control and eliminate tuberculosis in animals.
SECTION 74. Section 162.010, Agriculture Code, is amended
to read as follows:
Sec. 162.010. DUTY OF OWNER OR CARETAKER TO ASSIST; NOTICE.
(a) On written notice by the department [commission] or its
representative, the owner, part owner, or caretaker of cattle shall
assemble and submit the cattle for tuberculosis examination and
testing. The notice must set the date and approximate time the
cattle are to be tested and must be delivered by registered mail not
later than the 10th day before that date.
(b) The person receiving the notice shall provide
reasonable assistance in confining the cattle and providing
facilities for proper administration of the test. The person shall
return the cattle to the same place for observation at a time
designated by the department [commission] or its representative.
SECTION 75. Section 162.013(a), Agriculture Code, is
amended to read as follows:
(a) A person commits an offense if, as the owner, part
owner, or caretaker of cattle, the person fails or refuses to
assemble the cattle or to provide assistance in accordance with
Section 162.010 [of this code] at the time and place provided in the
notice issued by the department [commission].
SECTION 76. Section 162.014(a), Agriculture Code, is
amended to read as follows:
(a) The following agencies, colleges, and services jointly
shall conduct a review of the state's current programs to research,
control, and eradicate animal tuberculosis in both traditional and
nontraditional farm and ranch animals:
(1) the department [commission];
(2) [the Department of Agriculture;
[(3) the] Texas A&M AgriLife Research [Agricultural
Experiment Station];
(3) [(4)] the Texas A&M AgriLife [Agricultural]
Extension Service;
(4) [(5) the Texas Animal Damage Control Service;
[(6)] the [Texas] Department of State Health Services;
(5) The Texas A&M University [(7) the] College of
Veterinary Medicine[, Texas A&M University]; and
(6) [(8)] the Texas A&M Veterinary Medical Diagnostic
Laboratory.
SECTION 77. Section 163.001(a), Agriculture Code, is
amended to read as follows:
(a) In this chapter, "caretaker" means a caretaker of an
animal as described[:
[(1) "Caretaker" has the meaning assigned] by Section
161.002 [of this code].
[(2) "Commission" means the Texas Animal Health
Commission.]
SECTION 78. Section 163.002, Agriculture Code, is amended
to read as follows:
Sec. 163.002. COOPERATIVE PROGRAM. In order to bring about
effective control of bovine brucellosis, to allow Texas cattle to
move in interstate and international commerce with the fewest
possible restrictions, and to accomplish those purposes in the most
effective, practical, and expeditious manner, the department
[commission] may enforce this chapter and enter into cooperative
agreements with the United States Department of Agriculture.
SECTION 79. Section 163.003, Agriculture Code, is amended
to read as follows:
Sec. 163.003. FEES. The department [commission] may
establish fees in amounts necessary to cover the cost of
administering this chapter when combined with funds received from
other sources.
SECTION 80. Section 163.021, Agriculture Code, is amended
to read as follows:
Sec. 163.021. CLASSIFICATION OF AREAS. (a) The department
[commission] by rule may prescribe criteria for classifying areas
in the state for purposes of brucellosis control. The department
[commission] may prescribe differing control measures and
procedures according to the classification of the areas. The
classifications shall be based on criteria that use sound
epidemiological principles and are similar to the criteria provided
by federal brucellosis control regulations.
(b) The department [commission] by rule may designate as a
particular classification any area consisting of one county or two
or more contiguous counties. The designation of an area for state
purposes need not be the same as the designation of the area for
federal purposes.
SECTION 81. Section 163.061, Agriculture Code, is amended
to read as follows:
Sec. 163.061. RULES; REPORTS. Following notice and a
hearing, the department [commission] may adopt rules and require
reports and records as necessary to carry out Subchapters A, B, and
D [A-D of this chapter], including rules, reports, and records that
relate to the testing or vaccination of cattle or to the movement of
cattle into and within an area.
SECTION 82. Section 163.062, Agriculture Code, is amended
to read as follows:
Sec. 163.062. EMPLOYEES. The department [commission] may
employ personnel, including veterinarians, inspectors,
stenographers, and clerks, as necessary to the enforcement of
Subchapter A, B, or D [Subchapters A-D of this chapter] or the
performance of duties under those subchapters. The department
[commission] may assign to those employees any duty under those
subchapters.
SECTION 83. Section 163.063, Agriculture Code, is amended
to read as follows:
Sec. 163.063. ENTRY POWER. (a) A representative of the
department [commission, including a member of the commission,] is
entitled to enter any public or private property for the exercise of
authority or performance of a duty under Subchapter A, B, or D
[Subchapters A-D of this chapter].
(b) A representative of the department [commission] under
Subsection (a) [of this section] who desires to be accompanied by a
peace officer may apply for and be issued a search warrant in the
manner provided by Section 161.047 [of this code].
SECTION 84. Section 163.064, Agriculture Code, is amended
to read as follows:
Sec. 163.064. TESTING AND VACCINATION. (a) Only a person
approved by the department [commission] may perform testing and
vaccinating for brucellosis, regardless of whether the person is a
veterinarian.
(b) The department [commission] by rule shall prescribe
criteria for classifying cattle as negative, infected with
brucellosis, or suspected of being infected with brucellosis. Each
classification must be based on the testing of cattle. The testing
may include serological testing, microbiological culturing of
blood, tissue, secretions, or excretions, or both.
(c) The department [commission] may by rule regulate and
require the vaccination of female cattle within all or any of the
area classifications. Among other rules, the department
[commission] may adopt rules providing for:
(1) the identification of cattle to be vaccinated;
(2) approval of the vaccine used; and
(3) the method of administering the vaccine.
(d) The department [commission] by rule may regulate the
sale and use of brucellosis antigens and vaccines. A person may not
sell a brucellosis antigen or vaccine unless the antigen or vaccine
is approved by the department [commission]. A person may not
administer a brucellosis antigen or vaccine unless the antigen or
vaccine is approved by the department [commission] and the person
is authorized by the department [commission] to administer the
antigen or vaccine.
SECTION 85. Section 163.065, Agriculture Code, is amended
to read as follows:
Sec. 163.065. BRANDING AND HANDLING OF DISEASED CATTLE.
(a) If a tested animal shows evidence of infection with
brucellosis, the person performing the test shall handle the animal
in accordance with department [the] rules [of the commission]. The
department [commission] may prescribe requirements according to
the classification of the area in which the animal is located.
Among other requirements, the department [commission] may require
the person performing the test to:
(1) furnish the owner of the animal with written data
showing that the animal is infected;
(2) fire brand the animal on the left jaw with the
letter "B";
(3) place an approved, numbered identification on the
animal; and
(4) report the identification number in writing to the
department [commission].
(b) If an animal shows evidence of infection, the herd of
which it is a part shall also be handled in accordance with
department [the] rules [of the commission], which may provide for:
(1) quarantines;
(2) the manner, method, and system of disposing of
reactor cattle;
(3) the testing and retesting of the herd; or
(4) other measures, such as quarantine only, where the
animals from the herd are sold exclusively for slaughter and where
the department's [commission's] rules are in compliance with the
current requirements of the Brucellosis Eradication Uniform
Methods and Rules of the cooperative state-federal brucellosis
eradication program.
SECTION 86. Section 163.066, Agriculture Code, is amended
to read as follows:
Sec. 163.066. REGULATION OF MOVEMENT OF CATTLE; EXCEPTION.
(a) As a control measure, the department [commission] by rule may
regulate the movement of cattle. The department [commission] may
restrict the intrastate movement of cattle even though the movement
of the cattle is unrestricted in interstate or international
commerce. The department [commission] may require testing,
vaccination, or another procedure that is epidemiologically sound
before or following the movement of cattle.
(b) The department [commission] may not adopt a rule that
prohibits a person from moving cattle owned by that person within
unquarantined contiguous lands owned or controlled by that person.
(c) Any restriction on the movement of cattle imposed under
provisions of this chapter may be modified or set aside by the
department [commission] upon application by the cattle owner,
provided that the owner can show impending unusual hardship
resulting from such restriction. Contributory factors may include
but are not limited to prolonged drought, inadequacy of pasturage
or usual feed supply resulting from disaster or other unforeseeable
circumstance, or economic hardship of the cattle owner; provided
that individual animals under restriction shall be handled in a
manner to be prescribed by the department [commission].
SECTION 87. Section 163.069, Agriculture Code, is amended
to read as follows:
Sec. 163.069. INDIVIDUAL HERD PLANS. (a) The department
[commission] by rule may provide for the handling and treatment of
individual herds in which testing or epidemiology has produced
evidence of infection or which was adjacent to a herd in which
infection is found. Each plan shall be designed to aid the
caretaker of the herd in preventing or reducing spread of the
infection and in eliminating the infection.
(b) Each herd plan must be based on sound epidemiological
principles and the classification of the area in which the herd is
located. In prescribing a herd plan, the department [commission]
may consider, among other items:
(1) the risk of the infection spreading to other
herds;
(2) the cost to other herd owners resulting from
spread of the infection;
(3) the extent of infection and of possible exposure
within the herd;
(4) the type of cattle operation conducted by the
herd's caretaker; and
(5) the conditions affecting the economics and
management of the herd.
SECTION 88. Section 163.070, Agriculture Code, is amended
to read as follows:
Sec. 163.070. REQUIRED ASSISTANCE. If ordered by the
department [commission] or its representative, the owner or
caretaker of cattle shall submit the cattle and furnish labor and
facilities used in normal operation in order that the cattle may be
tested, vaccinated, or otherwise handled in accordance with
department [the] rules [of the commission].
SECTION 89. Sections 163.072(a) and (b), Agriculture Code,
are amended to read as follows:
(a) The department [commission] may require slaughter
plants to collect and submit blood samples for brucellosis testing.
(b) The department [commission] by rule shall determine the
method of collecting, submitting, and testing of blood samples.
SECTION 90. Section 163.081(a), Agriculture Code, is
amended to read as follows:
(a) A person commits an offense if the person refuses to
vaccinate a female calf owned by that person in accordance with
department [the] rules [of the commission].
SECTION 91. Section 163.083(a), Agriculture Code, is
amended to read as follows:
(a) A person commits an offense if the person refuses to
permit a representative of the department [commission] to enter
property or premises of which the person is the owner, tenant, or
caretaker for the purposes of carrying out a provision of this
chapter.
SECTION 92. The heading to Section 163.084, Agriculture
Code, is amended to read as follows:
Sec. 163.084. MOVEMENT OF CATTLE IN VIOLATION OF DEPARTMENT
[COMMISSION] RULE.
SECTION 93. Section 163.084(a), Agriculture Code, is
amended to read as follows:
(a) A person, including a railway or a common carrier,
commits an offense if the person knowingly moves an animal in
violation of a department rule [of the commission].
SECTION 94. Section 163.085(a), Agriculture Code, is
amended to read as follows:
(a) A person commits an offense if the person knowingly
refuses to handle in accordance with department [the] rules [of the
commission] an animal that the department [commission] has
classified as infected with brucellosis.
SECTION 95. Section 164.002(d), Agriculture Code, is
amended to read as follows:
(d) If an inspector determines that a scabies infection
exists among cattle, sheep, or goats or that cattle, sheep, or goats
have been exposed to scabies, the infection or exposure is
considered to continue until the department [commission]
determines that the infection or exposure has been eradicated
through methods prescribed by department rule [of the commission].
SECTION 96. Section 164.003(a), Agriculture Code, is
amended to read as follows:
(a) For the purpose of eradicating scabies, the department
[commission] may employ a chief inspector, district supervising
inspectors, and local inspectors.
SECTION 97. Section 164.005(c), Agriculture Code, is
amended to read as follows:
(c) The person who owns or controls the place to be entered
under this section or who owns or controls the animals shall, on
request of the inspector or [a member of] the department
[commission], gather the animals on the range for inspection.
Failure or refusal to gather the animals is prima facie evidence
that the premises and the animals are infected with scabies and
authorizes the department [commission] to quarantine the premises
or animals in accordance with this chapter.
SECTION 98. The heading to Section 164.021, Agriculture
Code, is amended to read as follows:
Sec. 164.021. TREATMENT REQUIRED ON ORDER OF DEPARTMENT
[COMMISSION].
SECTION 99. Sections 164.021(a) and (b), Agriculture Code,
are amended to read as follows:
(a) The department [commission] by written order may direct
a person who owns, controls, or cares for cattle or sheep that are
scabies-infected or are exposed to scabies, to treat any or all of
those animals for the purpose of destroying, eradicating, curing,
or removing a scabies infection or a source of exposure to scabies.
(b) An order of the department [commission] under this
section must be signed by a department representative [the
commission or the presiding officer of the commission] and must
contain the following:
(1) the date of issuance;
(2) the name of the person to whom the order is made;
(3) the approximate location of the premises on which
the animals are located;
(4) the county in which the premises are located;
(5) a statement in clear and intelligible language
that the sheep or cattle that the person owns, controls, or cares
for are infected with or exposed to scabies;
(6) an order directing the person to treat the
animals, under the supervision of an inspector and in the manner
prescribed by the department [commission]; and
(7) a designation of the date, time, and place that the
treatment is to occur.
SECTION 100. Section 164.022, Agriculture Code, is amended
to read as follows:
Sec. 164.022. HEARING. (a) Not later than the fifth day
following the day on which a person receives an order to treat
cattle or sheep, the person may file with the department
[commission or the presiding officer of the commission] a written
affidavit that:
(1) denies that the animals are subject to being
treated under this chapter, or states that, for good and sufficient
reason set out in the affidavit, the person is entitled to have the
order rescinded or the treatment postponed; and
(2) requests that the department [commission]
withhold enforcement of the order and grant a hearing on the matter
or investigate the matter as necessary to determine the correctness
of the statement contained in the affidavit.
(b) Not later than the fifth day following the day on which
the department [commission] receives an affidavit under Subsection
(a) [of this section], the department [commission] shall, if
desired by the affiant, grant the affiant a hearing in the office of
the commissioner [presiding officer]. The department [commission]
shall give the affiant notice of the hearing by telegram or
registered mail and shall hold the hearing not earlier than the
fourth day following the day of giving that notice.
(c) The department [commission] shall consider the
affidavit at the hearing and shall, in person or by agent,
investigate the matter as the department [commission] considers
necessary.
(d) If the department [commission] finds that the statement
in the affidavit is correct, the department [commission] shall
rescind the order or postpone the treatment until a time that the
department [commission] considers proper. If the department
[commission] finds that the statement in the affidavit is not
correct, the department [commission] shall enforce the order on the
date and at the time designated in the order.
(e) Following a hearing, the department [commission] shall
deliver its written findings to the affiant not later than the
fourth day before the date and time that the order requires the
animals to be treated.
(f) A person who is dissatisfied with the findings of the
department [commission] under this section may apply to a court of
proper venue and jurisdiction for an injunction or other relief.
SECTION 101. Section 164.023, Agriculture Code, is amended
to read as follows:
Sec. 164.023. METHOD OF TREATMENT. The department
[commission] by rule shall prescribe the methods of treatment
available for the treatment of scabies under this chapter.
SECTION 102. Section 164.041, Agriculture Code, is amended
to read as follows:
Sec. 164.041. ESTABLISHMENT. (a) The department
[commission] may establish a quarantine against all or the portion
of a state, territory, or country in which the department
[commission] determines scabies exists. A quarantine established
under this section is governed by Chapter 161, except that only a
scabies inspector recognized by the department [commission] for
that purpose in the quarantine notice may issue certificates or
permits for the movement of cattle subject to the quarantine. A
person who violates the quarantine is subject to the penalties
provided by Chapter 161.
(b) If an inspector determines that a scabies infection or
exposure exists in a county or area of this state, on any premises,
including a road, pasture, lot, yard, stockyard, or enclosure, or
among any cattle or sheep, the department [commission] may
quarantine the area, premises, or animals.
SECTION 103. Section 164.042, Agriculture Code, is amended
to read as follows:
Sec. 164.042. NOTICE. The department [commission] shall
give notice of a quarantine established under Section 164.041(b)
[of this code] in one of the following manners:
(1) by posting written notice of the quarantine at the
courthouse door of the county in which the quarantine is
established and at two other conspicuous places in the area or on
the premises quarantined;
(2) by publishing notice in a newspaper in the county
or, if there is no newspaper in the county, by publishing notice in
a newspaper in an adjoining county; or
(3) by delivering written or printed notice to the
owner or caretaker of the animals or premises to be quarantined,
with the delivery made in person by a department [commission]
inspector, employee, or member or with the delivery made by United
States mail.
SECTION 104. Section 164.044, Agriculture Code, is amended
to read as follows:
Sec. 164.044. MOVEMENT FROM QUARANTINED PREMISES; MOVEMENT
OF QUARANTINED ANIMALS. (a) A person may not move or permit to be
moved cattle or sheep that are under quarantine for scabies
infection or exposure or that are on premises quarantined for
scabies infection or exposure unless the cattle or sheep are
certified by a department [commission] inspector.
(b) If the department [commission] finds animals that have
been moved in violation of a quarantine established under this
chapter, the department [commission] shall quarantine the animals
until they have been properly tested or treated in accordance with
department [the] rules [of the commission].
SECTION 105. Section 164.046(c), Agriculture Code, is
amended to read as follows:
(c) Disinfection under this section must be performed under
the supervision of a department [commission] inspector and before
uninfected or unexposed sheep are permitted to enter the places to
be disinfected.
SECTION 106. Section 164.064, Agriculture Code, is amended
to read as follows:
Sec. 164.064. DESIGNATION OF INFECTED OR FREE AREAS;
TREATMENT REQUIREMENTS. The department [commission] may adopt
rules designating areas as infected or free from infection and
shall establish treatment requirements for the importation of sheep
into this state.
SECTION 107. Section 164.065, Agriculture Code, is amended
to read as follows:
Sec. 164.065. EXHIBITIONS. The department [commission]
shall provide an importer of show sheep a reasonable length of time,
not to exceed 60 days after the date of importation, in which to
display the sheep at county fairs or livestock exhibitions. The
importer shall keep the sheep separate from all sheep other than
show sheep and shall treat the sheep as required by the department
[commission] before they are distributed to the range.
SECTION 108. Section 164.083(a), Agriculture Code, is
amended to read as follows:
(a) A person commits an offense if the person:
(1) owns, controls, or cares for cattle or sheep
infected with scabies or cattle or sheep that have been exposed to
scabies infection within six months prior to the date of an order to
treat under Section 164.021; and
(2) fails or refuses to treat the sheep or cattle at
the time and in the manner provided by the order of the department
[commission].
SECTION 109. Section 165.021, Agriculture Code, is amended
to read as follows:
Sec. 165.021. COOPERATION WITH U.S. DEPARTMENT OF
AGRICULTURE. The department [commission] may cooperate with the
United States Department of Agriculture in the eradication of
vesicular exanthema, foot and mouth disease of swine, classical
swine fever, and other diseases of swine.
SECTION 110. Section 165.022, Agriculture Code, as amended
by Chapters 623 (S.B. 1997) and 849 (S.B. 705), Acts of the 87th
Legislature, Regular Session, 2021, is reenacted and amended to
read as follows:
Sec. 165.022. METHOD OF DISEASE ERADICATION. (a)
Following notice and public hearing, the department [commission]
shall adopt rules for the enforcement of this subchapter, including
rules providing for the manner, method, and system of eradicating
swine diseases.
(b) The department [commission] may [by a two-thirds vote]
adopt rules under this section that are more stringent than the
minimum standards for cooperative programs adopted by the Animal
and Plant Health Inspection Service of the United States Department
of Agriculture.
SECTION 111. Section 165.023, Agriculture Code, is amended
to read as follows:
Sec. 165.023. USE OF BIOLOGICS. The department
[commission] shall adopt rules governing the use of biologics as a
protection against dissemination of communicable swine diseases.
SECTION 112. Sections 165.026(b), (c), (d), (e), and (g),
Agriculture Code, are amended to read as follows:
(b) A person may feed unrestricted garbage to swine only if
the person first registers with and secures a permit from the
department [commission].
(c) The department [commission] may adopt rules for
registration under this section, including rules providing for
registration issuance, revocation, and renewal, disease tests,
inspections, bookkeeping, and appropriate handling and treatment
of unrestricted garbage. Registration with the department
[commission] shall be made on forms prescribed by the department
[commission,] and the department [commission] shall furnish those
forms on request. The department [commission] may impose a
registration fee not to exceed $25 a year.
(d) The department [commission] or the commissioner
[executive director of the commission] may issue an emergency
administrative order to suspend a registration under this section
or require the immediate quarantine and closure of a garbage
feeding facility if the department [commission] or the commissioner
[executive director] determines that the practice presents a danger
to public health or the livestock industry, including any danger
related to an insect infestation or the transmission of a disease.
An order must expire not later than the end of the second month
after the effective date of the order.
(e) The department [commission] or the commissioner may
issue an order prohibiting the feeding of restricted garbage to
swine in all or part of the state if the department [commission] or
the commissioner determines that the practice presents a danger to
public health or the livestock industry, including any danger
related to an insect infestation or the transmission of a disease.
(g) The department [commission], in cooperation with [the
department and] any other appropriate state agencies and political
subdivisions, shall:
(1) attempt to inform each supplier of restricted
garbage and each individual feeding garbage to swine of the
provisions of this section;
(2) assist garbage feeding facilities and individuals
feeding garbage to swine in identifying a source for obtaining
unrestricted garbage; and
(3) adopt measures designed to ensure compliance with
this section.
SECTION 113. Section 165.027(a), Agriculture Code, is
amended to read as follows:
(a) A representative of the department [commission,
including a member of the commission,] is entitled to enter the
premises of any person for the purpose of inspecting swine or the
heating or cooking equipment required by this subchapter or for the
purpose of performing another duty under this subchapter.
SECTION 114. Section 167.001(3), Agriculture Code, is
amended to read as follows:
(3) "Inspector" means an inspector of the department
[commission], including a local inspector, a county or district
supervising inspector, and the chief inspector.
SECTION 115. Section 167.003, Agriculture Code, is amended
to read as follows:
Sec. 167.003. GENERAL POWERS AND DUTIES OF DEPARTMENT
[COMMISSION]. (a) In accordance with this chapter, the department
[commission] shall eradicate all ticks capable of carrying Babesia
in this state and shall protect all land, premises, and animals in
this state from those ticks and exposure to those ticks.
(b) In carrying out this chapter, the department
[commission] may:
(1) adopt necessary rules;
(2) employ necessary personnel, including a chief
inspector, chief clerk, stenographers, and clerks, and assign the
personnel to perform duties authorized by this chapter or
incidental to its enforcement;
(3) assist and cooperate with county officials; and
(4) enter into cooperative agreements with other state
agencies or agencies of the federal government.
(c) The department [commission] by rule may provide for the
manner and method of treating saddle stock and stock used for gentle
work and for the handling and certifying of that stock for movement,
but unless the department [commission] so provides, the stock is
subject to this chapter as other animals.
SECTION 116. Sections 167.004(b), (c), and (d), Agriculture
Code, are amended to read as follows:
(b) The department [commission] by rule shall define what
animals and premises are to be classified as exposed to ticks. The
department [commission] shall classify as exposed to ticks animals
that have been on land or in an enclosure that the department
[commission] determines to be tick infested or exposed to ticks or
to have been tick infested or exposed to ticks before or after the
removal of the animals, unless the department [commission]
determines that the infestation or exposure occurred after the
animals were removed and that the animals did not become infested or
exposed before removal.
(c) Animals, land, and premises classified as tick infested
or exposed to ticks retain that classification until the
classification is changed by the department [commission] in
accordance with this chapter.
(d) Animals, land, and premises in the tick eradication area
may not be considered to be free from exposure to ticks unless:
(1) the department [commission] has officially
classified the animals or premises as free from exposure and filed a
copy of the order making that classification in the office of the
supervising inspector of the county in which the animals or
premises are located; or
(2) the supervising inspector of the county in which
the animals or premises are located, under the authority of the
department [commission], has classified the animals or premises in
writing as free from exposure and filed the written classification
in the supervising inspector's office.
SECTION 117. Sections 167.005(b) and (c), Agriculture Code,
are amended to read as follows:
(b) The free area and the inactive quarantine area are
composed of counties and parts of counties designated by the
department [commission] to be part of the applicable area.
(c) The department [commission] may transfer a county or
part of a county from the tick eradication area, the free area, or
the inactive quarantine area to another type of area as the
department [commission] considers advisable or necessary.
SECTION 118. Sections 167.006(a) and (b), Agriculture Code,
are amended to read as follows:
(a) The department [commission] may designate for tick
eradication any county or part of a county that the department
[commission] determines may contain ticks.
(b) The department [commission] shall give notice that a
county or part of a county is designated for tick eradication by:
(1) publishing a brief notice of the designation in a
newspaper published in that county or that part of the county, as
applicable; or
(2) posting a brief notice of the designation at the
courthouse door of the county.
SECTION 119. Section 167.007, Agriculture Code, is amended
to read as follows:
Sec. 167.007. TICK ERADICATION IN FREE AREA. (a) The
department [commission] may conduct tick eradication in the free
area and may establish quarantines and require the treatment of
animals in the free area as provided by this chapter. The
department [commission] shall designate in writing the land or
premises in the free area in which tick eradication is to be
conducted.
(b) An owner or caretaker of animals in the free area and the
commissioners court of a county all or part of which is located in
the free area shall cooperate with the department [commission] in
the manner provided by this chapter for tick eradication in the tick
eradication area.
SECTION 120. Section 167.008, Agriculture Code, is amended
to read as follows:
Sec. 167.008. INSPECTIONS. The department [commission] may
order the owner, part owner, or caretaker of animals to gather the
animals for inspection at a time and place prescribed in the order
of the department [commission]. The department [commission] shall
serve written notice of the order not later than the 12th day before
the day of inspection. A person on whom an order is served is
entitled to request and obtain a hearing in the manner provided by
this chapter for hearings on orders to treat animals.
SECTION 121. Section 167.021, Agriculture Code, is amended
to read as follows:
Sec. 167.021. GENERAL QUARANTINE POWER. (a) The
department [commission] may establish quarantines on land,
premises, and animals as necessary for tick eradication.
(b) The department [commission] in writing may release a
quarantine established under this chapter if the department
[commission] considers it necessary or advisable to do so.
SECTION 122. Section 167.023, Agriculture Code, is amended
to read as follows:
Sec. 167.023. QUARANTINE OF FREE AREA. (a) The department
[commission] by written order may establish a quarantine in the
free area if necessary for the purpose of regulating the handling of
animals and eradicating ticks or exposure to ticks in the free area
or for the purpose of preventing the spread of tick infestation into
the free area.
(b) The order of the department [commission] establishing a
quarantine in the free area shall designate the land or premises to
be quarantined.
(c) The department [commission] shall give notice of a
quarantine established in the free area by:
(1) delivering notice to each owner or caretaker of
animals in the area to be quarantined or to each owner or caretaker
of land or premises in the area on which animals are located;
(2) posting written notice at the courthouse door of
each county in which the area to be quarantined is located; or
(3) publishing notice in a newspaper published in each
county in which the area to be quarantined is located.
SECTION 123. Sections 167.024(b) and (c), Agriculture Code,
are amended to read as follows:
(b) Unless the person first obtains a permit or a
certificate from an authorized inspector, the owner or caretaker of
animals in a quarantined area may not move the animals, or permit
the animals to be moved, from an enclosure owned, leased, or
occupied by that person, from any open range, street, road, or
thoroughfare, or from any land that the person does not own or
control, into any other enclosure or other land owned, cared for, or
controlled by that person, if:
(1) the animals are subject to treatment under this
chapter and the land or enclosure to which the animals are moved:
(A) is classified in the records of the county
supervising inspector as being free from ticks; or
(B) has been released from quarantine by the
department [commission]; or
(2) the animals are subject to treatment but are not
being treated under this chapter in the conduct of regular
systematic tick eradication by the department [commission] and the
land or enclosure to which the animals are moved is owned or
controlled by that person and:
(A) tick eradication work is being conducted
there; or
(B) the land or enclosure is vacated under the
direction of the department [commission] for the purpose of tick
eradication.
(c) The owner or caretaker of animals located in a
quarantined area may move animals, or permit animals to be moved, to
and from treatment facilities for the purpose of treating the
animals on a regular treatment date at the treatment facility to
which the animals are to be moved or on another date designated by
the inspector in charge of the treatment facility. The movement of
animals under this subsection must be in accordance with department
[the] rules [of the commission]. Any other movement is considered
to be in violation of the quarantine.
SECTION 124. Section 167.025, Agriculture Code, is amended
to read as follows:
Sec. 167.025. MOVEMENT IN OR FROM INACTIVE QUARANTINED
AREA. A person may not move animals or permit animals to be moved
from or within the inactive quarantined area except in accordance
with department [the] rules [of the commission].
SECTION 125. Sections 167.026(b) and (c), Agriculture Code,
are amended to read as follows:
(b) A person may not move goats, hogs, sheep, exotic
livestock, or circus animals into this state from an area of another
state, territory, or country that is under state or federal
quarantine for tick infestation unless the animals:
(1) have been treated free from infestation or
exposure; and
(2) are certified as having been so treated by an
inspector of the department [commission] or of the Animal and Plant
Health Inspection Service, United States Department of
Agriculture.
(c) A person may not move hay, straw, grass, packing straw,
pine straw, corn shucks, weeds, plants, litter, manure, dirt,
posts, sand, gravel, caliche, or animal by-products into this state
for any purpose from an area of another state, territory, or country
that is under state or federal quarantine for tick infestation
unless the articles:
(1) have been treated in accordance with the
requirements of the department [commission] or the Animal and Plant
Health Inspection Service, United States Department of
Agriculture; and
(2) are certified as having been so treated by an
inspector of the department [commission] or the Animal and Plant
Health Inspection Service, United States Department of
Agriculture.
SECTION 126. Sections 167.029(a) and (c), Agriculture Code,
are amended to read as follows:
(a) The department [commission] by rule shall provide the
conditions for and the manner and method of handling and moving
animals:
(1) into, in, and from the tick eradication area;
(2) into, in, and from quarantined land or premises in
the free area;
(3) into the released part of the free area; and
(4) into, in, and from the inactive quarantined area.
(c) The department [commission] may adopt rules relating to
testing, immunizing, treating, certifying, or marking or branding
animals moving into this state from another state or country.
SECTION 127. Section 167.030(b), Agriculture Code, is
amended to read as follows:
(b) The department [commission] shall adopt rules relating
to the cleaning and disinfecting of conveyances.
SECTION 128. Section 167.031, Agriculture Code, is amended
to read as follows:
Sec. 167.031. USE OF SAND AS BEDDING IN CONVEYANCE. The
department [commission] may establish quarantines and restrict the
use of sand as bedding in an animal conveyance except for sand from
known tick-free sand pits.
SECTION 129. Section 167.032, Agriculture Code, is amended
to read as follows:
Sec. 167.032. MOVEMENT OF COMMODITIES. The department
[commission] may establish quarantines and restrict the movement
from quarantined areas of hay, hides, carcasses, or other
commodities that are capable of carrying ticks.
SECTION 130. Section 167.033, Agriculture Code, is amended
to read as follows:
Sec. 167.033. HANDLING AND REMOVAL OF REFUSE OR DEAD OR
INJURED ANIMALS. The department [commission] may establish
quarantines and regulate the removal and handling of refuse matter
from quarantined stockyards, quarantined stock pens, and other
quarantined places and may establish quarantines and regulate the
handling or removal of animals that die or are injured in transit.
SECTION 131. Sections 167.051(b) and (c), Agriculture Code,
are amended to read as follows:
(b) Animals located in the free area are subject to
treatment if:
(1) the animals are infested with ticks;
(2) the animals were exposed to ticks within the nine
months preceding an order to treat;
(3) the animals are on premises described in an order
to treat during the time the order is in effect and the person to
whom the order is issued is the owner, part owner, or caretaker of
the animals; or
(4) the department [commission] determines that
treatment is necessary to ensure that the animals are entirely free
from infestation.
(c) The department [commission] may require the treatment
of animals that are located in the free area and are tick infested
or have been exposed to ticks regardless of whether the animals or
the area in which the animals are located is under quarantine.
SECTION 132. Sections 167.052(a), (d), (f), and (g),
Agriculture Code, are amended to read as follows:
(a) The department [commission] may order the owner, part
owner, or caretaker of animals to treat the animals in accordance
with the directions of the department [commission]. The order must
be dated, in writing, and signed or stamped with the signature of
the department [commission] or the commissioner [presiding officer
of the commission].
(d) An order may require the treatment of the animals on as
many dates as the department [commission] considers necessary for
eradicating the infestation or exposure of the animals or the
premises on which the animals are located.
(f) A person to whom an order to treat is directed shall
comply with the order and treat the animals in accordance with the
directions of the department [commission]. If the order is not
delivered within the time provided by Subsection (e), the person
receiving the order shall begin treatment on the first treatment
date that is more than 12 days after the date of receipt of the order
and shall continue treatment on subsequent dates as specified in
the order.
(g) If the animals or the premises are not freed from ticks
or exposure to ticks before an order to treat expires, the
department [commission] may issue additional orders regardless of
whether the animals were exposed to ticks in the nine months
preceding the date of the subsequent order.
SECTION 133. Sections 167.053(b) and (c), Agriculture Code,
are amended to read as follows:
(b) Following a hearing, the department [commission] shall
transmit its written decision to the supervising inspector, who
shall transmit it to the protesting person by delivering it in
person or by mailing it by registered mail to the address shown in
the hearing application. If the department [commission] overrules
the protest, the person to whom the order was directed shall comply
with the order.
(c) If the department's [commission's] decision is
delivered in person, a person whose protest is overruled shall
begin treatment of the animals on the first treatment date in the
order that is more than two days after the day on which the decision
is received. If the decision is delivered by mail, the person shall
begin treatment on the first treatment date in the order that is
more than four days after the day on which the decision was
deposited in the mail.
SECTION 134. Section 167.056, Agriculture Code, is amended
to read as follows:
Sec. 167.056. MANNER OF TREATMENT. If the department
[commission] requires animals to be treated, the animals shall be
treated in the manner prescribed by the department [commission].
SECTION 135. Section 167.057(a), Agriculture Code, is
amended to read as follows:
(a) The department [commission] shall prescribe by rule the
official materials in which animals are to be treated under this
chapter. A person may not treat animals for purposes of this
chapter in a material other than an official material prescribed by
the department [commission].
SECTION 136. Sections 167.059(a) and (c), Agriculture Code,
are amended to read as follows:
(a) The commissioners court of each county, including a
county in the free area, in all or part of which the department
[commission] conducts tick eradication shall cooperate with the
department [commission] and shall furnish facilities necessary to
the treatment of animals in that county. The commissioners court
shall furnish dipping vats, pens, chutes, and other necessary
facilities in the number, at the locations, and of the type
specified by the department [commission]. In addition, the county,
at its expense, shall maintain the facilities and repair or remodel
them as necessary, shall provide the water for filling the vats, and
shall clean and refill the vats as necessary.
(c) For the purpose of acquiring necessary land for the
construction or maintenance of treatment facilities, for the
purpose of acquiring treatment facilities that have already been
constructed, or for the purpose of acquiring land necessary for
ingress and egress to and from those facilities, a commissioners
court has the power of eminent domain. The commissioners court
shall exercise the power of eminent domain in the manner provided by
law for acquiring land for the building and maintenance of public
buildings, except that the court shall institute and prosecute
condemnation proceedings on written request from the commissioner
[presiding officer of the commission]. The request from the
commissioner [commission] shall designate:
(1) the land to be condemned and its location;
(2) the name of the owner of the land to be condemned;
and
(3) the easement to be acquired for ingress and
egress.
SECTION 137. Section 167.060, Agriculture Code, is amended
to read as follows:
Sec. 167.060. TREATMENT REQUIRED FOR MOVEMENT FROM
QUARANTINED AREA. (a) An inspector may not issue a certificate or
permit for the movement of animals from a quarantined enclosure
unless the owner or caretaker of the animals:
(1) is cooperating with the department [commission] in
the regular systematic treatment of the animals listed in
Subsection (b); and
(2) has treated those animals on the last two
treatment dates that were prescribed for the area in which the
animals are located and that preceded the date of movement.
(b) In order to be issued the permit or certificate, the
owner or caretaker must cooperate with the department [commission]
in the regular systematic treatment of animals of which the person
is the owner or caretaker and which:
(1) are located in the enclosure from which the
animals are to be moved;
(2) are located in quarantined enclosures that connect
with the enclosure from which the animals are to be moved, including
an enclosure that:
(A) connects with an enclosure that connects with
the enclosure from which the animals are to be moved; or
(B) is on the opposite side of a lane or road from
the enclosure from which the animals are to be moved; or
(3) are located on the quarantined open range that
connects with any of the enclosures under Subdivision (1) or (2).
(c) If ticks are found on any of the animals submitted for
movement, before the certificate or permit is issued, each head of
the animals must be treated as prescribed by department
[commission] rules.
(d) The department [commission] may waive the enforcement
of this section for good cause. A waiver of the department
[commission] must be in writing.
SECTION 138. Section 167.081, Agriculture Code, is amended
to read as follows:
Sec. 167.081. DESIGNATION OF FACILITY TO HANDLE CERTIFIED
LIVESTOCK. (a) The department [commission] may designate a
stockyard that is in the tick eradication area or in the free area
and is open to the public for yarding, marketing, and selling
livestock as a facility to handle intrastate movements of livestock
certified by an inspector to be free from ticks or exposure to
ticks. A stockyard so designated shall provide tick-free
facilities for the handling of that livestock in accordance with
this subchapter.
(b) A designation under this section is effective for 24
months following the day on which notice is served, and the
department [commission] may redesignate a facility for the purpose
of this section.
SECTION 139. Section 167.082, Agriculture Code, is amended
to read as follows:
Sec. 167.082. NOTICE AND HEARING. (a) The department
[commission] shall give written notice of a designation under this
subchapter to the stockyard company or to the owner, operator, or
other person in control of the stockyard.
(b) A person to whom a notice is directed may request a
hearing for the purpose of protesting the designation in the manner
provided by Section 167.053 for requesting a hearing on an order to
treat. The department [commission] shall grant the hearing and
give notice of its decision in the manner provided by that section.
(c) A person whose protest is overruled shall complete the
work required to provide tick-free facilities not later than the
60th day following the day on which the person receives notice of
the department's [commission's] decision.
SECTION 140. Section 167.101, Agriculture Code, is amended
to read as follows:
Sec. 167.101. INSPECTORS. (a) The commissioners court of a
county in which the department [commission] conducts tick
eradication may nominate the number of local inspectors found by
the department [commission] to be necessary for tick eradication in
that county. The department [commission] shall appoint those
persons nominated unless, following appointment of local
inspectors, the department [commission] finds that the county is
trying to retard tick eradication or is nominating persons who are
incompetent or negligent in the performance of duty. In that case,
the department [commission] may ignore the nominations of the
county.
(b) If a commissioners court fails or refuses to nominate
persons as local inspectors, the department [commission] shall
appoint local inspectors without nomination.
(c) Local inspectors work under the direction and orders of
the department [commission] and are subject to discharge by the
department [commission]. The department [commission] shall fix and
the state shall pay the salaries of local inspectors, but a county
may pay the salary and traveling expenses of a local inspector.
(d) The department [commission] may employ county and
district supervising inspectors without nomination by the
commissioners courts.
(e) Only an inspector appointed for the purpose may conduct
tick eradication or issue permits and certificates certifying
animals to be free from ticks or exposure to ticks. An inspector
shall issue those permits and certificates in accordance with
department [the] rules [of the commission].
SECTION 141. Section 167.103(b), Agriculture Code, is
amended to read as follows:
(b) The peace officer shall deputize a sufficient number of
assistants, to be designated by the supervising inspector of the
county, shall enter the property on which the animals are located,
and shall gather and treat the animals under the supervision of an
inspector and in accordance with the directions of the department
[commission].
SECTION 142. Section 167.104(a), Agriculture Code, is
amended to read as follows:
(a) An inspector may request a peace officer to seize
animals if:
(1) the inspector determines the animals to be running
at large or on the open range of a county or part of a county in
which the department [commission] is conducting tick eradication
under this chapter; and
(2) the inspector is unable to locate the owner or
caretaker of the animals.
SECTION 143. Sections 167.106(a) and (c), Agriculture Code,
are amended to read as follows:
(a) The department [commission] or a resident of this state
may sue for an injunction to compel compliance with a provision of
this chapter or to restrain a threatened violation of a provision of
this chapter.
(c) The department [commission] or a resident of a county or
part of a county in which tick eradication is being conducted may
sue for permanent or temporary relief to compel a person who is an
owner, part owner, or caretaker of animals to treat the animals in
accordance with this chapter if the person has failed or refused to
treat the animals or has threatened to fail or refuse to treat the
animals. If the court finds that the defendant has been served with
an order of the department [commission] to treat the animals, that
the animals are subject to treatment, and that the material
allegations of the plaintiff's petition are true, the court shall
enter an order commanding the defendant to treat the animals in
accordance with the directions of the department [commission] at
the time and place designated in the order of the department
[commission] or in the order of the court. If the defendant fails
to comply with the order of the court, the court may hold the
defendant in contempt and punish the defendant accordingly and
shall order a peace officer to deputize assistants and treat the
animals in accordance with the order of the court. The expense of
treating the animals and employing the peace officer and assistants
shall be taxed against the defendant as a cost of suit.
SECTION 144. The heading to Section 167.109, Agriculture
Code, is amended to read as follows:
Sec. 167.109. ADMISSIBILITY OF DEPARTMENT [COMMISSION]
INSTRUMENTS; IDENTIFICATION IN COMPLAINT.
SECTION 145. Sections 167.109(a) and (c), Agriculture Code,
are amended to read as follows:
(a) A copy of a written instrument issued by the department
[commission] is admissible as evidence in any court of this state if
the copy is certified by the commissioner [presiding officer of the
commission].
(c) In the trial of a civil or criminal case under this
chapter, in which a certified copy of a department [commission]
written instrument or a proclamation is to be introduced in
evidence, the instrument or proclamation is not required to be
filed with the papers of the cause and the party introducing it is
not required to give notice of it to the other party.
SECTION 146. Section 167.110(c), Agriculture Code, is
amended to read as follows:
(c) If it is necessary in a court proceeding to prove the
test of a treatment chemical, it is only necessary to prove that:
(1) the treatment chemical used was one of the
official treatment chemicals prescribed by the department
[commission]; and
(2) the inspector tested the treatment chemical in
accordance with department [the] rules [of the commission].
SECTION 147. Section 167.131(a), Agriculture Code, is
amended to read as follows:
(a) A person commits an offense if, as the owner, part
owner, or caretaker of animals, the person fails to gather the
animals for inspection at the time and place ordered by the
department [commission] under Section 167.008.
SECTION 148. Sections 167.132(a) and (b), Agriculture Code,
are amended to read as follows:
(a) A person commits an offense if the person moves, or as
owner, part owner, or caretaker permits the movement of, animals
from any land, premises, or enclosure that is under quarantine for
tick infestation or exposure in violation of the quarantine without
a permit issued by an inspector of the department [commission] or of
the Animal and Plant Health Inspection Service, United States
Department of Agriculture.
(b) A railroad or other transportation company commits an
offense if it permits an animal to enter stock pens in the tick
eradication area under the company's control without a written
certificate or permit from an inspector of the department
[commission] or of the Animal and Plant Health Inspection Service,
United States Department of Agriculture.
SECTION 149. Section 167.137(a), Agriculture Code, is
amended to read as follows:
(a) A person required by Section 167.030 [of this code] to
clean and disinfect a conveyance commits an offense if the person
fails or refuses to clean and disinfect the conveyance in
accordance with department [the] rules [of the commission].
SECTION 150. Section 167.138(a), Agriculture Code, is
amended to read as follows:
(a) A person commits an offense if the person uses sand as
bedding in an animal conveyance in violation of a quarantine
established or a department [commission] rule adopted under Section
167.031.
SECTION 151. Section 167.139(a), Agriculture Code, is
amended to read as follows:
(a) A person commits an offense if the person moves a
commodity capable of carrying ticks from a quarantined area in
violation of a quarantine established or a department [commission]
rule adopted under Section 167.032 [of this code].
SECTION 152. Section 167.140(a), Agriculture Code, is
amended to read as follows:
(a) A person commits an offense if the person violates a
quarantine established or a department [commission] rule adopted
under Section 167.033 [of this code].
SECTION 153. Section 167.143(a), Agriculture Code, is
amended to read as follows:
(a) A stockyard company or an owner, operator, or person in
charge of a stockyard commits an offense if the person fails or
refuses to provide and complete facilities required by the
department [commission] under Subchapter D [of this chapter] within
60 days after the day on which notice of designation is served under
that subchapter.
SECTION 154. Sections 168.004(a) and (b), Agriculture Code,
are amended to read as follows:
(a) If the laboratory determines that any part of a flock is
infected, it shall certify that information to the department
[commission,] and the department [commission] shall verify the
infection and immediately quarantine part or all of the flock. The
department [commission] may authorize the laboratory to quarantine
an infected flock on behalf of the department [commission]. The
department [commission] shall give notice of the quarantine in the
same manner as provided by law for the quarantine of other livestock
and fowl. The department [commission] shall also order a cessation
in the sale, movement, or exhibition of quarantined poultry or eggs
and may seek an injunction to enforce an order concerning infected
flocks.
(b) A quarantined flock shall be disposed of in a manner
prescribed by the department [commission]. If disposal involves
movement to a state or federally inspected poultry processing
establishment, the department [commission] shall issue a
certificate to accompany the flock. When the flock is disposed of
and other measures necessary to the control and eradication of
pullorum disease and fowl typhoid are taken, the department
[commission] shall remove the quarantine.
SECTION 155. Section 168.006, Agriculture Code, is amended
to read as follows:
Sec. 168.006. ASSISTANCE BY FLOCK OWNER. The owner of a
flock shall assist the laboratory and the department [commission]
in handling the poultry and shall pen and present the flock on
request.
SECTION 156. Section 168.007, Agriculture Code, is amended
to read as follows:
Sec. 168.007. NO FEE CHARGED. Neither the laboratory nor
the department [commission] may charge a fee for testing or
laboratory examination provided for under this chapter.
SECTION 157. Section 168.008(a), Agriculture Code, is
amended to read as follows:
(a) A person commits an offense if the person refuses to:
(1) comply with an order of the department
[commission] or laboratory concerning an infected flock; or
(2) admit a person with a search warrant obtained as
provided in Section 168.003 [of this code].
SECTION 158. Section 56.102, Education Code, is amended to
read as follows:
Sec. 56.102. ADMINISTRATION OF PROGRAM. The Department of
Agriculture [Texas Animal Health Commission] shall administer the
program in accordance with the rules adopted by the committee.
SECTION 159. Sections 56.103(a), (b), and (e), Education
Code, are amended to read as follows:
(a) The rural veterinarian incentive program committee
consists of:
(1) the commissioner [executive director] of
agriculture [the Texas Animal Health Commission], or the
commissioner's [executive director's] designee;
(2) the executive director of the State Board of
Veterinary Medical Examiners, or the executive director's
designee;
(3) the dean of each accredited college of veterinary
medicine located in this state, or the dean's designee;
(4) a veterinarian with a mixed animal practice,
representing each university system located in Texas with an
accredited college of veterinary medicine, appointed by the board
of regents of each university system;
(5) a veterinarian with a large animal practice,
representing each university system located in Texas with an
accredited college of veterinary medicine, appointed by the board
of regents of each university system; and
(6) a practitioner of veterinary medicine,
representing [who serves as a commissioner of] the Department of
Agriculture [Texas Animal Health Commission], appointed by the
Department of Agriculture [chair of the Texas Animal Health
Commission].
(b) The commissioner [executive director] of agriculture or
the commissioner's designee under Subsection (a)(1) [the Texas
Animal Health Commission] serves as the presiding officer of the
committee.
(e) In adopting rules under this section related to the
selection, submission, or certification of areas identified as
having a veterinary shortage for the purpose of this subchapter,
the committee shall consider any applicable regulations adopted
under 7 U.S.C. Section 3151a and previous work of the Department of
Agriculture or the former Texas Animal Health Commission.
SECTION 160. Sections 61.9965(a) and (c), Education Code,
are amended to read as follows:
(a) The Texas Higher Education Coordinating Board shall
administer the rural veterinarian incentive program account in
accordance with Subchapter G, Chapter 56, to provide assistance in
the repayment of student loans for eligible veterinarians who apply
and qualify for the assistance under the rules of the [Texas Animal
Health Commission] rural veterinarian incentive program committee
established under Section 56.103.
(c) Money and resources in the account shall be made
available and payable as soon as practicable at the request of the
Department of Agriculture [Texas Animal Health Commission] and may
be used only for the following purposes:
(1) to provide financial support as a lump sum to an
eligible participant under Subchapter G, Chapter 56, the lender or
other holder of the participant's affected loan, or the
participant's university system;
(2) a reasonable amount, not to exceed seven percent
of the account value, to cover the costs of administration of the
program; or
(3) a reasonable amount, not to exceed three percent
of the account value, as specifically required for the coordinating
board for administration of the account.
SECTION 161. Section 418.190, Government Code, is amended
to read as follows:
Sec. 418.190. AGRICULTURE EMERGENCY RESPONSE PLAN. (a) In
coordination with the division, the Department of Agriculture [and
the Texas Animal Health Commission] shall prepare and keep current
an agriculture emergency response plan as an annex to the state
emergency management plan. The plan must include provisions for:
(1) identifying and assessing necessary training,
resource, and support requirements;
(2) providing information on recovery, relief, and
assistance requirements following all types of disasters,
including information on biological and radiological response; and
(3) all other information the Department of
Agriculture determines [and the Texas Animal Health Commission
determine] to be relevant to prepare for an all-hazards approach to
agricultural disaster management.
(b) The Department of Agriculture [and the Texas Animal
Health Commission] shall include the plan developed under
Subsection (a) in an annual report to the legislature and the office
of the governor.
SECTION 162. Section 421.021(a), Government Code, is
amended to read as follows:
(a) The Homeland Security Council is composed of the
governor or the governor's designee, the speaker of the house of
representatives or the speaker's designee, the lieutenant governor
or the lieutenant governor's designee, and one representative of
each of the following entities, appointed by the single statewide
elected or appointed governing officer, administrative head, or
chair, as appropriate, of the entity:
(1) Department of Agriculture;
(2) office of the attorney general;
(3) General Land Office;
(4) Public Utility Commission of Texas;
(5) Department of State Health Services;
(6) Department of Information Resources;
(7) Department of Public Safety of the State of Texas;
(8) Texas Division of Emergency Management;
(9) Texas Military Department;
(10) Texas Commission on Environmental Quality;
(11) Railroad Commission of Texas;
(12) Texas Military Preparedness Commission;
(13) Texas Department of Transportation;
(14) Commission on State Emergency Communications;
(15) Office of State-Federal Relations;
(16) secretary of state;
(17) the committee of the senate having jurisdiction
over veterans affairs;
(18) the committee of the senate having jurisdiction
over homeland security;
(19) the committee of the house of representatives
having jurisdiction over veterans affairs;
(20) the committee of the house of representatives
having jurisdiction over homeland security;
(21) [Texas Animal Health Commission;
[(22)] Texas Commission on Law Enforcement;
(22) [(23)] state fire marshal's office;
(23) [(24)] Texas Education Agency;
(24) [(25)] Texas Commission on Fire Protection;
(25) [(26)] Parks and Wildlife Department;
(26) [(27)] Texas A&M Forest Service; and
(27) [(28)] Texas Water Development Board.
SECTION 163. Section 81.008, Health and Safety Code, is
amended to read as follows:
Sec. 81.008. COMMUNICABLE DISEASE IN ANIMALS; EXCHANGE OF
INFORMATION. The Department of Agriculture [Texas Animal Health
Commission] and the Texas A&M University Veterinary Medical
Diagnostic Laboratory shall each adopt by rule a memorandum of
understanding, adopted also by rule by the executive commissioner,
governing the exchange of information on communicable diseases in
animals between the Department of State Health Services
[department] and those entities.
SECTION 164. Section 435.006(d), Health and Safety Code, is
amended to read as follows:
(d) The department may not issue a permit to a person for a
producer dairy located in an area infected with or at a high risk
for bovine tuberculosis, as determined epidemiologically and
defined by rule of the Department of Agriculture [Texas Animal
Health Commission].
SECTION 165. Sections 801.256(a) and (f), Occupations Code,
are amended to read as follows:
(a) The board may issue a special license to practice
veterinary medicine to an applicant who is:
(1) a member of the faculty or staff of a
board-approved veterinary program at an institution of higher
education;
(2) a veterinarian employee of the Department of
Agriculture [Texas Animal Health Commission];
(3) a veterinarian employee of the Texas A&M
Veterinary Medical Diagnostic Laboratory; or
(4) a person licensed to practice veterinary medicine
in another jurisdiction, if the board determines that the person's
specialty practice is unrepresented or underrepresented in this
state.
(f) The following people may provide a statement under
Subsection (b)(1)(B):
(1) the dean of a board-approved veterinary medicine
program at an institution of higher education in this state;
(2) the commissioner [executive director] of
agriculture [the Texas Animal Health Commission]; or
(3) the executive director of the Texas A&M Veterinary
Medical Diagnostic Laboratory.
SECTION 166. Section 801.361(d), Occupations Code, is
amended to read as follows:
(d) The Texas Commission on Environmental Quality may not
adopt a rule that relates to the disposal of animal remains under
this section unless the rule is developed in cooperation with and is
approved by the Department of Agriculture [Texas Animal Health
Commission].
SECTION 167. Section 801.403, Occupations Code, is amended
to read as follows:
Sec. 801.403. FAILURE TO REPORT DISEASE. The board may
suspend or revoke a license to practice veterinary medicine, place
a veterinarian on probation, or reprimand a veterinarian if the
veterinarian knowingly fails to report a disease to the Department
of Agriculture [Texas Animal Health Commission] as required by
Section 161.101, Agriculture Code.
SECTION 168. Section 12.014, Parks and Wildlife Code, is
amended to read as follows:
Sec. 12.014. NOTICE OF WILDLIFE DISEASE OUTBREAK. (a)
Notwithstanding any law restricting the disclosure of information
by the department and subject to Subsection (b), if the department
becomes aware of a wildlife disease outbreak on a property, the
department shall provide notice of the location and nature of the
outbreak to:
(1) each owner of adjacent property; and
(2) the Department of Agriculture [Texas Animal Health
Commission].
(b) Subsection (a) applies only to a disease that the
Department of Agriculture [Texas Animal Health Commission] has
designated as reportable.
SECTION 169. Section 12.0251(b), Parks and Wildlife Code,
is amended to read as follows:
(b) The commission or the department may disclose
information described by this section only to:
(1) the landowner;
(2) another person if the landowner consents to full
or specified partial disclosure of information and the consent is
in writing and is attached to the plan or recommendation report; or
(3) the Department of Agriculture [Texas Animal Health
Commission] as needed to carry out a governmental purpose.
SECTION 170. Section 12.103(d-1), Parks and Wildlife Code,
is amended to read as follows:
(d-1) The department may disclose information collected
under this section to the Department of Agriculture [Texas Animal
Health Commission] as needed to carry out a governmental purpose.
SECTION 171. Sections 43.369(b), (c), (d), and (e), Parks
and Wildlife Code, are amended to read as follows:
(b) The department in conjunction with the Department of
Agriculture [Texas Animal Health Commission, not later than June 1,
2010,] shall [develop and] maintain a process for a database to be
shared by both agencies. The database must include the reporting
data required to be provided by each deer breeder:
(1) to the Parks and Wildlife Department [department]
under this subchapter; and
(2) to the Department of Agriculture [Texas Animal
Health Commission].
(c) To the extent possible, the Parks and Wildlife
Department [department] and the Department of Agriculture [Texas
Animal Health Commission] shall share the database to eliminate the
need for a deer breeder to submit duplicate reports to the two
agencies.
(d) The Parks and Wildlife Commission and the Department of
Agriculture [Texas Animal Health Commission], by rule, shall
provide incentives to deer breeders whose cooperation results in
reduced costs and increased efficiency by offering:
(1) reduced fees for the deer breeder permit; and
(2) a permit with an extended duration.
(e) The Parks and Wildlife Commission and the Department of
Agriculture [Texas Animal Health Commission] may adopt rules to
implement this section.
SECTION 172. Section 43.953(a), Parks and Wildlife Code, is
amended to read as follows:
(a) Before any deer may be destroyed under this subchapter:
(1) an agent of the Department of Agriculture [animal
health commission] may conduct an epidemiological assessment:
(A) if the assessment can be conducted in a
timely manner; and
(B) contingent on the availability of funding;
and
(2) the Parks and Wildlife Department [department]
must consider the results of an assessment, if conducted, under
Subdivision (1).
SECTION 173. Sections 43.955(a) and (c), Parks and Wildlife
Code, are amended to read as follows:
(a) The applicable permit holder shall pay all costs
associated with:
(1) an epidemiological assessment conducted under
this subchapter to the Department of Agriculture [animal health
commission]; and
(2) except as provided by Subsection (b), the
destruction of deer under this subchapter to the Parks and Wildlife
Department [department].
(c) The department may not waive costs under Subsection (b)
if the department determines that the permit holder or an agent of
the permit holder, in violation of this chapter or a regulation of
the Department of Agriculture [commission], caused:
(1) the introduction of chronic wasting disease into
the facility; or
(2) a delay in the detection of chronic wasting
disease at the facility.
SECTION 174. Sections 66.007(i) and (l), Parks and Wildlife
Code, are amended to read as follows:
(i) The department may coordinate with the Department of
Agriculture [Texas Animal Health Commission] regarding testing for
diseases.
(l) On receiving notice from an owner of the observance of
manifestations of disease, the department shall immediately:
(1) notify the Department of Agriculture and [,] the
Texas Commission on Environmental Quality[, and the Texas Animal
Health Commission]; and
(2) advise the Department of Agriculture and [,] the
Texas Commission on Environmental Quality[, and the Texas Animal
Health Commission] regarding the appropriate action to be taken.
SECTION 175. Section 28.03(i), Penal Code, is amended to
read as follows:
(i) Notwithstanding Subsection (b), an offense under this
section is a felony of the first degree if the property is livestock
and the damage is caused by introducing bovine spongiform
encephalopathy, commonly known as mad cow disease, or a disease
listed in rules adopted by the Department of Agriculture [Texas
Animal Health Commission] under Section 161.041(a), Agriculture
Code. In this subsection, "livestock" has the meaning assigned by
Section 161.001, Agriculture Code.
SECTION 176. Sections 23.426(a), (b), and (d), Tax Code,
are amended to read as follows:
(a) The entitlement of an individual to have land the
individual owns designated for agricultural use under this
subchapter does not end because the individual ceases exclusively
or continuously using the land for agriculture as an occupation or a
business venture for profit for the period prescribed by Subsection
(b) if the land:
(1) is subject to a temporary quarantine established
at any time during the tax year by the Department of Agriculture
[Texas Animal Health Commission] for the purpose of regulating the
handling of livestock and eradicating ticks or exposure to ticks
under Chapter 167, Agriculture Code; and
(2) otherwise continues to qualify for the designation
under Section 23.42.
(b) Subsection (a) applies to land eligible for appraisal
under this subchapter only during the period that begins on the date
the land is designated as a tick eradication area and that ends on
the date the land is released from quarantine by the Department of
Agriculture [Texas Animal Health Commission].
(d) The owner of land to which this section applies must,
not later than the 30th day after the date the land is released from
quarantine by the Department of Agriculture [Texas Animal Health
Commission], notify in writing the chief appraiser for each
appraisal district in which the land is located that the land has
been released from quarantine by the Department of Agriculture
[Texas Animal Health Commission].
SECTION 177. Sections 23.48(a), (e), and (f), Tax Code, are
amended to read as follows:
(a) An owner of land designated for agricultural use on
which the Department of Agriculture [Texas Animal Health
Commission] has established a temporary quarantine of at least 90
days in length in the current tax year for the purpose of regulating
the handling of livestock and eradicating ticks or exposure to
ticks at any time during a tax year is entitled to a reappraisal of
the owner's land for that year on written request delivered to the
chief appraiser.
(e) In appraising the land for any subsequent tax year in
which the Department of Agriculture [Texas Animal Health
Commission] quarantine remains in place, the chief appraiser shall
continue to take into account the effect on the value of the land
caused by the infestation of ticks.
(f) If the owner of the land is informed by the Department of
Agriculture [Texas Animal Health Commission] that the quarantine is
no longer in place, not later than the 30th day after the date on
which the owner received that information the owner of the land
shall so notify the chief appraiser in writing. If the owner fails
to notify the chief appraiser as required by this subsection, a
penalty is imposed on the property equal to 10 percent of the
difference between the taxes imposed on the property in each year it
is erroneously allowed appraisal under this section and the taxes
that would otherwise have been imposed.
SECTION 178. Sections 23.526(a), (b), and (d), Tax Code,
are amended to read as follows:
(a) The eligibility of land for appraisal under this
subchapter does not end because the land ceases to be devoted
principally to agricultural use to the degree of intensity
generally accepted in the area for the period prescribed by
Subsection (b) if the land:
(1) is subject to a temporary quarantine established
at any time during the tax year by the Department of Agriculture
[Texas Animal Health Commission] for the purpose of regulating the
handling of livestock and eradicating ticks or exposure to ticks
under Chapter 167, Agriculture Code;
(2) is appraised under this subchapter primarily on
the basis of the livestock located in the area subject to quarantine
in the tax year; and
(3) otherwise continues to qualify for appraisal under
this subchapter.
(b) Subsection (a) applies to land eligible for appraisal
under this subchapter only during the period that begins on the date
the land is designated as a tick eradication area and that ends on
the date the land is released from quarantine by the Department of
Agriculture [Texas Animal Health Commission].
(d) The owner of land to which this section applies must,
not later than the 30th day after the date the land is released from
quarantine by the Department of Agriculture [Texas Animal Health
Commission], notify in writing the chief appraiser for each
appraisal district in which the land is located that the land has
been released from quarantine by the Department of Agriculture
[Texas Animal Health Commission].
SECTION 179. Sections 23.60(a), (e), and (f), Tax Code, are
amended to read as follows:
(a) An owner of qualified open-space land, other than land
used for wildlife management, on which the Department of
Agriculture [Texas Animal Health Commission] has established a
temporary quarantine of at least 90 days in length in the current
tax year for the purpose of regulating the handling of livestock and
eradicating ticks or exposure to ticks at any time during a tax year
is entitled to a reappraisal of the owner's land for that year on
written request delivered to the chief appraiser.
(e) In appraising the land for any subsequent tax year in
which the Department of Agriculture [Texas Animal Health
Commission] quarantine remains in place, the chief appraiser shall
continue to take into account the effect on the value of the land
caused by the infestation of ticks.
(f) If the owner of the land is informed by the Department of
Agriculture [Texas Animal Health Commission] that the quarantine is
no longer in place, not later than the 30th day after the date on
which the owner received that information the owner of the land
shall so notify the chief appraiser. If the owner fails to notify
the chief appraiser as required by this subsection, a penalty is
imposed on the property equal to 10 percent of the difference
between the taxes imposed on the property in each year it is
erroneously allowed appraisal under this section and the taxes that
would otherwise have been imposed.
SECTION 180. (a) The following provisions of the
Agriculture Code are repealed:
(1) Section 146.022(b);
(2) Section 161.001(a)(2);
(3) Section 161.008;
(4) Subchapter B, Chapter 161;
(5) Sections 161.046 and 161.053;
(6) Sections 161.061(d) and 161.0615(b);
(7) Section 164.001(1);
(8) Sections 164.006 and 165.001; and
(9) Sections 167.001(1-a) and 168.001(1).
(b) Section 43.952(1), Parks and Wildlife Code, is
repealed.
SECTION 181. Section 165.002, Agriculture Code, as repealed
by Chapter 849 (S.B. 705), Acts of the 87th Legislature, Regular
Session, 2021, and amended by Chapter 623 (S.B. 1997), Acts of the
87th Legislature, Regular Session, 2021, is repealed.
SECTION 182. (a) The Texas Animal Health Commission is
abolished and its powers and duties are transferred to the
Department of Agriculture. A reference in law to:
(1) the Texas Animal Health Commission means the
Department of Agriculture; and
(2) the executive director of the Texas Animal Health
Commission means the commissioner of agriculture.
(b) The Department of Agriculture assumes the position of
the Texas Animal Health Commission in relation to any liability,
obligation, agreement, or contract of the commission.
(c) The records, other property, and unobligated and
unexpended appropriations of the Texas Animal Health Commission
become the records, property, and appropriations of the Department
of Agriculture. The employees of the commission continue as
employees of the Department of Agriculture.
(d) A rule or form adopted by the Texas Animal Health
Commission that is in effect immediately before the effective date
of this Act becomes a rule or form of the commissioner of
agriculture and remains in effect until amended or repealed by the
commissioner. A permit, registration, certification, license, or
other authorization issued by the Texas Animal Health Commission
that is in effect immediately before the effective date of this Act,
or a designation made by the Texas Animal Health Commission that is
in effect immediately before that date, remains in effect until:
(1) the permit, registration, certification, license,
or other authorization expires or is revoked in accordance with
law; or
(2) the designation is amended or revoked by the
Department of Agriculture in accordance with law.
(e) The validity of any action taken by the Texas Animal
Health Commission, including by the executive director of the
commission, before the effective date of this Act is not affected by
this Act. To the extent an action continues to have effect on or
after the effective date of this Act, the action is considered to be
the action of the Department of Agriculture or the commissioner of
agriculture, as applicable.
SECTION 183. This Act takes effect September 1, 2025.