Bill Text: TX SB705 | 2021-2022 | 87th Legislature | Enrolled

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Bill Title: Relating to the continuation and functions of the Texas Animal Health Commission.

Sponsorship: Moderate Partisan Bill (Republican 4-1)

Status: (Passed) 2021-06-16 - Effective on 9/1/21 [SB705 Detail]

Download: Texas-2021-SB705-Enrolled.html

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S.B. No. 705

AN ACT
relating to the continuation and functions of the Texas Animal
Health Commission.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 161.004(a), Agriculture Code, is amended
to read as follows:
(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 commission in rules adopted under [in]
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 commission under this section.
SECTION 2. Section 161.023, Agriculture Code, is amended by
amending Subsections (a) and (b) and adding Subsection (d) to read
as follows:
(a) A person who is appointed to and qualifies for office as
a member of the commission may not vote, deliberate, or be counted
as a member in attendance at a meeting of the commission until the
person completes a training program that complies with this section
[Before a member of the commission may assume the member's duties
and before the member may be confirmed by the senate, the member
must complete at least one course of the training program
established under this section].
(b) The [A] training program must [established under this
section shall] provide the person with information [to the member]
regarding:
(1) the law governing [enabling legislation that
created the] commission operations;
(2) the programs, functions, rules, and budget of
[operated by] the commission;
(3) the scope of and limitations on the rulemaking
authority [role and functions] of the commission;
(4) [the rules of the commission with an emphasis on
the rules that relate to disciplinary and investigatory authority;
[(5) the current budget for the commission;
[(6)] the results of the most recent formal audit of the
commission;
(5) [(7)] the requirements of [the]:
(A) laws relating to open meetings, public
information, administrative procedure, and disclosing conflicts of
interest [law, Chapter 551, Government Code]; and
(B) other laws applicable to members of a state
policy-making body in performing their duties [open records law,
Chapter 552, Government Code]; and
[(C) administrative procedure law, Chapter 2001,
Government Code;
[(8) the requirements of the conflict of interest laws
and other laws relating to public officials; and]
(6) [(9)] any applicable ethics policies adopted by
the commission or the Texas Ethics Commission.
(d) The executive director of the commission shall create a
training manual that includes the information required by
Subsection (b). The executive director shall distribute a copy of
the training manual annually to each member of the commission. Each
member of the commission shall sign and submit to the executive
director a statement acknowledging that the member received and has
reviewed the training manual.
SECTION 3. Section 161.027, Agriculture Code, is amended to
read as follows:
Sec. 161.027. SUNSET PROVISION. The Texas Animal Health
Commission is subject to Chapter 325, Government Code (Texas Sunset
Act). Unless continued in existence as provided by that chapter,
the commission is abolished September 1, 2033 [2021].
SECTION 4. Section 161.029(a), Agriculture Code, is amended
to read as follows:
(a) It is a ground for removal from the commission if a
member:
(1) does not have at the time of taking office
[appointment] the qualifications required by Section 161.021;
(2) does not maintain during service on the commission
the qualifications required by Section 161.021;
(3) is ineligible for membership under Section
161.021(d) or 161.028;
(4) cannot, because of illness or disability,
discharge the member's duties for a substantial part of the member's
term [for which the member is appointed because of illness or
disability]; or
(5) is absent from more than half of the regularly
scheduled commission meetings that the member is eligible to attend
during a calendar year without an excuse approved [unless that
absence is excused] by a majority vote of the commission.
SECTION 5. Section 161.033(c), Agriculture Code, is amended
to read as follows:
(c) The commission shall periodically notify the complaint
parties [to a complaint] of the status of the complaint until [its]
final disposition unless the notice would jeopardize an
investigation.
SECTION 6. Sections 161.035(a) and (b), Agriculture Code,
are amended to read as follows:
(a) The commission by rule may establish advisory
committees [as it considers necessary] to make recommendations to
the commission on programs, [assist it in developing proposed]
rules, and policies administered by the commission [for the
regulation of exotic livestock and exotic fowl].
(b) In establishing [A member of] an advisory committee
[established] under this section, the commission shall adopt rules,
including rules regarding:
(1) the purpose, role, responsibility, goals, and
duration of the committee;
(2) the size of and quorum requirement for the
committee;
(3) qualifications for committee membership;
(4) appointment procedures for members;
(5) terms of service for members;
(6) training requirements for members;
(7) policies to avoid conflicts of interest by
members;
(8) a periodic review process to evaluate the
continuing need for the committee; and
(9) policies to ensure the committee does not violate
any provision of Chapter 551, Government Code, applicable to the
commission or the committee [serves at the pleasure of the
commission].
SECTION 7. Subchapter B, Chapter 161, Agriculture Code, is
amended by adding Section 161.0375 to read as follows:
Sec. 161.0375. PERIODIC REVIEW OF COMPLIANCE INFORMATION.
(a) The commission shall analyze, on a statewide and regional
basis, violations of this subtitle. The commission shall consider:
(1) violation types and disposition;
(2) persons who are repeat offenders; and
(3) persons who commit the most serious offenses.
(b) The commission shall use the analysis under Subsection
(a) to compare enforcement practices across each region and
determine:
(1) training needs;
(2) gaps in enforcement authority; and
(3) effective enforcement activities.
(c) The commission shall conduct the analysis under
Subsection (a) on a periodic basis to ensure that the information
reflects current enforcement practices.
(d) The commission shall timely enter and share compliance
and enforcement information on a statewide and regional basis.
SECTION 8. Sections 161.041(a), (c), and (d), Agriculture
Code, are amended to read as follows:
(a) The commission shall protect all livestock, exotic
livestock, domestic fowl, and exotic fowl from diseases the
commission determines require control or eradication. The
commission shall adopt and periodically update rules listing the
diseases that require control or eradication by the commission.
Section 2001.0045, Government Code, does not apply to rules adopted
under this subsection [the following:
[(1) tuberculosis;
[(2) anthrax;
[(3) glanders;
[(4) infectious abortion;
[(5) hemorrhagic septicemia;
[(6) hog cholera;
[(7) Malta fever;
[(8) foot-and-mouth disease;
[(9) rabies among animals other than canines;
[(10) bacillary white diarrhea among fowl;
[(11) equine infectious anemia; and
[(12) other diseases recognized as communicable by the
veterinary profession].
(c) A person commits an offense if the person knowingly
fails to handle, in accordance with rules adopted by the
commission, livestock, exotic livestock, domestic fowl, or exotic
fowl:
(1) infected with a disease listed by the commission
by rule under [in] Subsection (a);
(2) exposed, as defined by commission rule, to a
disease listed by the commission by rule under [in] Subsection (a)
if the commission has notified the person that the animal was
exposed to the disease; or
(3) subject to a testing requirement due to a risk of
exposure, as defined by commission rule, to a specific disease if
the commission has notified the person of the testing requirement.
(d) A person commits an offense if the person knowingly
fails to identify or refuses to permit an agent of the commission to
identify, in accordance with rules adopted by the commission,
livestock, exotic livestock, domestic fowl, or exotic fowl infected
with a disease listed by the commission by rule under [in]
Subsection (a).
SECTION 9. Section 161.0415(a), Agriculture Code, is
amended to read as follows:
(a) The commission by order may require the slaughter of
livestock, domestic fowl, or exotic fowl, under the direction of
the 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 [named on "List A" of the Office
International Des Epizooties]; or
(4) is the subject of a state of emergency, as declared
by the governor.
SECTION 10. Subchapter C, Chapter 161, Agriculture Code, is
amended by adding Section 161.0603 to read as follows:
Sec. 161.0603. LABORATORY TESTING. (a) The Texas A&M
Veterinary Medical Diagnostic Laboratory is the state's regulatory
animal health laboratory.
(b) This section does not prevent the 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 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 commission; and
(3) set fees associated with laboratory services
performed for the commission in amounts sufficient to recover the
costs of those services.
(d) The commission and the Texas A&M Veterinary Medical
Diagnostic Laboratory shall annually review the memorandum of
understanding under Subsection (c).
SECTION 11. Section 161.061, Agriculture Code, is amended
to read as follows:
Sec. 161.061. ESTABLISHMENT. (a) The [If the] commission
may [determines or is informed that a disease listed in Section
161.041 of this code exists in another state, territory, or
country, the commission shall] establish a quarantine against all
or the portion of a [the] state, territory, or country in which a
[the] disease listed in rules adopted under Section 161.041 exists.
(b) A [If the commission determines that a disease listed in
Section 161.041 of this code or an agency of transmission of one of
those diseases exists in a place in this state or among livestock,
exotic livestock, domestic animals, domestic fowl, or exotic fowl,
or that a place in this state or livestock, exotic livestock,
domestic animals, domestic fowl, or exotic fowl are exposed to one
of those diseases or an agency of transmission of one of those
diseases, the commission shall establish a quarantine on the
affected animals or on the affected place. The] quarantine
established under Subsection (a) [of an affected place] may extend
to any affected area, including a county, district, pasture, lot,
ranch, farm, field, range, thoroughfare, building, stable, or
stockyard pen.
(c) The commission may establish a quarantine to prohibit or
regulate the movement of:
(1) any article or animal that the commission
designates to be a carrier of a disease listed in rules adopted
under [in] Section 161.041 [of this code] 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.
(d) The commission by rule may delegate its authority to
establish a quarantine under this section to the executive
director, who shall promptly notify the members of the commission
when a quarantine is established.
SECTION 12. Section 161.065(c), Agriculture Code, is
amended to read as follows:
(c) If the 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 commission shall
quarantine the animals until they have been properly treated,
vaccinated, tested, [dipped,] or disposed of in accordance with the
rules of the commission.
SECTION 13. Sections 161.101(a), (b), and (c), Agriculture
Code, are amended to read as follows:
(a) A veterinarian, a veterinary diagnostic laboratory, or
a person having care, custody, or control of an animal shall report
to the commission the existence of [the following] diseases listed
in rules adopted by the commission among livestock, exotic
livestock, bison, domestic fowl, or exotic fowl [to the commission]
within 24 hours after diagnosis of the disease. The commission
shall adopt and periodically update rules listing the diseases that
the commission determines require reporting under this section.
Section 2001.0045, Government Code, does not apply to rules adopted
under this subsection[:
[(1) anthrax;
[(2) avian infectious laryngotracheitis;
[(3) avian influenza;
[(4) avian tuberculosis;
[(5) bovine trichomoniasis;
[(6) chronic wasting disease;
[(7) duck virus enteritis;
[(8) duck virus hepatitis;
[(9) equine encephalomyelitis;
[(10) equine herpes virus-1;
[(11) equine infectious anemia;
[(12) equine viral arteritis;
[(13) infectious encephalomyelitis in poultry or
other fowl;
[(14) ornithosis;
[(15) paramyxovirus infection in poultry or other
fowl; or
[(16) scabies in sheep or cattle].
(b) In addition to reporting required by Subsection (a), the
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 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 [a] disease reportable to the World
Organisation for Animal Health [Office International Des
Epizooties]; or
(4) is the subject of a state of emergency, as declared
by the governor.
(c) The 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 commission determines
that action to be necessary for the protection of animal health in
this state. The commission shall immediately deliver a copy of a
rule adopted under this subsection to the appropriate legislative
oversight committees. [A rule adopted by the commission under this
subsection expires on the first day after the last day of the first
regular legislative session that begins after adoption of the rule
unless the rule is continued in effect by act of the legislature.]
SECTION 14. Section 161.112(a), Agriculture Code, is
amended to read as follows:
(a) Following notice and public hearing, the 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 [and dipping of those livestock]
as necessary to protect against the spread of communicable
diseases.
SECTION 15. Section 161.113, Agriculture Code, is amended
to read as follows:
Sec. 161.113. TESTING, [OR] TREATMENT, OR VACCINATION OF
LIVESTOCK. (a) The [If the] commission shall adopt rules for
[requires] testing, treatment, or vaccination under this
subchapter[, the testing or vaccination must be performed by an
accredited veterinarian or qualified person authorized by the
commission]. The state may not be required to pay the cost of fees
charged for the testing, treatment, or vaccination.
(b) If the commission requires the dipping of livestock
under this subchapter, the livestock shall be [submerged in a vat,
sprayed, or] treated in a [another sanitary] manner prescribed by
rule of the commission.
(c) The commission may require the owner or operator of a
livestock market to furnish adequate equipment or facilities
[chutes or holding pens or to furnish] or have access to [other]
essential equipment or [testing and dipping] facilities within the
immediate vicinity of the livestock market.
SECTION 16. 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[, dipping, or disinfecting] of livestock, a person may
not attempt to prove that the action was taken by a person other
than an authorized representative of the commission.
SECTION 17. Section 162.004(c), Agriculture Code, is
amended to read as follows:
(c) A certificate under this section must be:
(1) in a form prescribed by the commission; and
(2) [must be] sent to the commission within the time
prescribed by the commission by rule [48 hours after completion of
the test or vaccination].
SECTION 18. Section 164.002(c), Agriculture Code, is
amended to read as follows:
(c) Cattle or sheep are not exposed to scabies under
Subsection (b) of this section if the place or plant has been
disinfected since the infected cattle or sheep were removed. This
subsection does not exempt the cattle or sheep from treatment
[dipping] required by this chapter.
SECTION 19. Section 164.004, Agriculture Code, is amended
to read as follows:
Sec. 164.004. DUTIES OF INSPECTORS. (a) All treatments
[dippings], inspections, and certifications for scabies
eradication and the disinfection of all equipment or facilities
[cars, sheds, boats, chutes, alleys, platforms, pens, or yards]
required by this chapter shall be performed by or under the
supervision of an inspector.
(b) Local inspectors shall perform all duties necessary for
[to] the treatment, inspection, [dipping,] and certification of
livestock under this chapter.
SECTION 20. Section 164.005(a), Agriculture Code, is
amended to read as follows:
(a) An inspector is entitled to enter any public or private
place where cattle or sheep are kept or ranged for the purpose of:
(1) ascertaining the presence of scabies infection;
(2) ascertaining any exposure to scabies; or
(3) inspecting, classifying, or treating [dipping]
cattle or sheep for scabies infection or exposure.
SECTION 21. The heading to Subchapter B, Chapter 164,
Agriculture Code, is amended to read as follows:
SUBCHAPTER B. TREATMENT [DIPPING]
SECTION 22. Section 164.021, Agriculture Code, is amended
to read as follows:
Sec. 164.021. TREATMENT [DIPPING] REQUIRED ON ORDER OF
COMMISSION. (a) The 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 [dip] 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 commission under this section must be
signed by 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 [dip] the
animals, under the supervision of an inspector and in the manner
prescribed by the commission[, in a dipping solution provided by
this chapter or in a designated solution approved for that purpose
by rule of the commission]; and
(7) a designation of the date, time, and place that the
treatment [dipping] is to occur.
(c) An order under this section must be delivered to the
person owning or controlling the cattle or sheep not later than the
14th day before the date and time for the treatment [dipping]
designated in the order.
SECTION 23. Sections 164.022(a), (d), and (e), Agriculture
Code, are amended to read as follows:
(a) Not later than the fifth day following the day on which a
person receives an order to treat [dip] cattle or sheep, the person
may file with the commission or the presiding officer of the
commission a written affidavit that:
(1) denies that the animals are subject to being
treated [dipped] 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 [dipping] postponed;
and
(2) requests that the 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.
(d) If the commission finds that the statement in the
affidavit is correct, the commission shall rescind the order or
postpone the treatment [dipping] until a time that the commission
considers proper. If the commission finds that the statement in the
affidavit is not correct, the commission shall enforce the order on
the date and at the time designated in the order.
(e) Following a hearing, the 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
[dipped].
SECTION 24. Section 164.023, Agriculture Code, is amended
to read as follows:
Sec. 164.023. METHOD OF TREATMENT [DIPPING]. The
commission by rule shall prescribe the methods of treatment
available for the treatment of scabies [If the commission requires
the dipping of animals] under this chapter[, the animals shall be
submerged in a vat, sprayed, or treated in another sanitary manner
prescribed by the commission].
SECTION 25. Section 164.028, Agriculture Code, is amended
to read as follows:
Sec. 164.028. TREATMENT [DIPPING] AT EXPENSE OF COUNTY. If
a person ordered to treat [dip] cattle or sheep under this chapter
fails or refuses to treat [dip] the animals, the county
commissioners court shall:
(1) provide the necessary equipment and [vats, pens,
other] facilities for the treatment of the animals;
(2) [, and materials, shall] have the animals treated
[dipped] in accordance with this chapter;[,] and
(3) [shall] pay the expenses of the treatment
[dipping] by warrant drawn on the general funds of the county.
SECTION 26. Section 164.041(a), Agriculture Code, is
amended to read as follows:
(a) The [If the] commission may [determines or is informed
that scabies exists among cattle in another state, territory, or
country, the commission shall] establish a quarantine against all
or the portion of a [the] state, territory, or country in which the
commission determines scabies [the disease] exists. A [The]
quarantine established under this section is governed by Chapter
161 [of this code], except that only a scabies inspector recognized
by the 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 [that chapter].
SECTION 27. Section 164.044(b), Agriculture Code, is
amended to read as follows:
(b) If the commission finds animals that have been moved in
violation of a quarantine established under this chapter, the
commission shall quarantine the animals until they have been
properly tested or treated [dipped] in accordance with the rules of
the commission.
SECTION 28. Section 164.062(a), Agriculture Code, is
amended to read as follows:
(a) A person may not import sheep into this state unless the
shipment is accompanied by a certificate certifying that:
(1) the sheep are free from scabies infection and
exposure; or
(2) the sheep have been treated by a method [dipped in
a solution] recognized by the Animal and Plant Health Inspection
Service, United States Department of Agriculture, for eradication
of sheep scabies and in a manner designed to have eradicated
infection or exposure within 10 days prior to the date of
importation.
SECTION 29. Section 164.063, Agriculture Code, is amended
to read as follows:
Sec. 164.063. QUARANTINE OF IMPORTED SHEEP. If the
certificate for a shipment of sheep shows that the sheep were
treated [dipped] at the point of origin in accordance with Section
164.062(a)(2) [of this code], the sheep shall be quarantined at the
range on which the sheep are placed in this state for a period of 180
days.
SECTION 30. Section 164.064, Agriculture Code, is amended
to read as follows:
Sec. 164.064. DESIGNATION OF INFECTED OR FREE AREAS;
TREATMENT [DIPPING] REQUIREMENTS. The commission may adopt rules
designating areas as infected or free from infection and shall
establish treatment [dipping] requirements for the importation of
sheep into this state.
SECTION 31. Section 164.065, Agriculture Code, is amended
to read as follows:
Sec. 164.065. EXHIBITIONS. The 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
[dip] the sheep as required by the commission [at least once] before
they are distributed to the range.
SECTION 32. The heading to Section 164.083, Agriculture
Code, is amended to read as follows:
Sec. 164.083. FAILURE TO TREAT [DIP] FOR SCABIES.
SECTION 33. 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 [dip] under Section 164.021 [of this code]; and
(2) fails or refuses to treat [dip] the sheep or cattle
at the time and in the manner provided by the order of the
commission.
SECTION 34. Section 164.085(a), Agriculture Code, is
amended to read as follows:
(a) A person commits an offense if the person:
(1) refuses to permit an inspector to enter any
premises of which the person is the owner, tenant, or caretaker for
the purpose of inspecting, classifying, or treating [dipping]
animals infected or exposed to scabies; or
(2) refuses to gather animals in accordance with
Section 164.005(c) [of this code].
SECTION 35. Section 165.022, Agriculture Code, is amended
to read as follows:
Sec. 165.022. METHOD OF DISEASE ERADICATION. Following
notice and public hearing, the commission shall adopt rules for the
enforcement of this subchapter, including rules providing for the
manner, method, and system of eradicating swine diseases. The
commission may by a two-thirds vote adopt rules more stringent than
[may not exceed] the rules relating to minimum standards for
cooperative programs adopted by the Animal and Plant Health
Inspection Service of the United States Department of Agriculture.
SECTION 36. 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 [described] by the 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 37. Sections 161.035(c), 164.024, 164.025,
164.026, 164.027, 165.002, and 167.058, Agriculture Code, are
repealed.
SECTION 38. The changes in law made by this Act to Sections
161.041(c) and (d), 164.083(a), and 164.085(a), Agriculture Code,
and Section 28.03(i), Penal Code, apply only to an offense or
violation committed on or after the effective date of this Act. An
offense or violation committed before the effective date of this
Act is governed by the law in effect on the date the offense or
violation was committed, and the former law is continued in effect
for that purpose. For purposes of this section, an offense or
violation was committed before the effective date of this Act if any
element of the offense or violation occurred before that date.
SECTION 39. (a) Except as provided by Subsection (b) of
this section, Section 161.023, Agriculture Code, as amended by this
Act, applies to a member of the Texas Animal Health Commission who
is appointed before, on, or after the effective date of this Act.
(b) A member of the Texas Animal Health Commission who,
before the effective date of this Act, completed the training
program required by Section 161.023, Agriculture Code, as that law
existed before the effective date of this Act, is only required to
complete additional training on the subjects added by this Act to
the training program required by Section 161.023, Agriculture Code.
A commission member described by this subsection may not vote,
deliberate, or be counted as a member in attendance at a meeting of
the commission held on or after December 1, 2021, until the member
completes the additional training.
SECTION 40. Not later than March 1, 2022, the Texas Animal
Health Commission shall:
(1) adopt rules necessary to implement Sections
161.041, 161.101, 161.113, and 164.023, Agriculture Code, as
amended by this Act; and
(2) complete the initial analysis of violations
required by Section 161.0375, Agriculture Code, as added by this
Act.
SECTION 41. Not later than January 1, 2022, the Texas Animal
Health Commission and the Texas A&M Veterinary Medical Diagnostic
Laboratory shall adopt the memorandum of understanding required by
Section 161.0603, Agriculture Code, as added by this Act.
SECTION 42. This Act takes effect September 1, 2021.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 705 passed the Senate on
March 25, 2021, by the following vote: Yeas 30, Nays 0; and that
the Senate concurred in House amendment on May 29, 2021, by the
following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 705 passed the House, with
amendment, on May 23, 2021, by the following vote: Yeas 144,
Nays 1, one present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor