HBA-JRA H.B. 1244 76(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 1244 By: Crownover Agriculture & Livestock 7/22/1999 Enrolled BACKGROUND AND PURPOSE Prior to the 76th Legislature, the Texas Animal Health Commission (TAHC) did not have the authority to regulate a number of activities which may assist in the control and tracking of certain animal diseases. H.B. 1244 authorizes TAHC to require depopulation of livestock infected with or exposed to certain diseases and to pay an indemnity to the owners of such livestock, to coordinate assistance with other states in the case of an animal disease outbreak, to regulate the transportation of inedible animal products, to require veterinarians to report certain diseases, and to set registration fee and renewal, testing, inspection and record keeping requirements for those feeding garbage to swine. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to the Texas Animal Health Commission in SECTIONS 1, 2, and 4 (Sections 161.0525, 161.0545, 161.058, 161.101, and 165.026, Agriculture Code) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Subchapter C, Chapter 161, Agriculture Code, by adding Sections 161.0415, 161.0525, 161.0545, and 161.058, as follows: Sec. 161.0415. DISPOSAL OF DISEASED OR EXPOSED LIVESTOCK. (a) Authorizes the Texas Animal Health Commission (TAHC), by order, to require the slaughter of livestock if the livestock is exposed to or infected with a disease other than bluetongue or vesicular stomatitis that is recognized by the United States Department of Agriculture as a foreign animal disease, the subject of a cooperative eradication program with the United States Department of Agriculture, named on "List A" of the Office International Des Epizooties, or the subject of a state of emergency, as declared by the governor. (b) Authorizes TAHC, by order, to require the slaughter and disposal of livestock exposed to or infected with a disease not listed in Subsection (a) if TAHC determines it to be necessary for the protection of animal health in this state. Requires TAHC to deliver a copy of such an order to the appropriate legislative oversight committees immediately. (c) Authorizes a person to appeal an order of TAHC under this section as provided by Chapter 2001 (Administrative Procedure Act), Government Code. Sec. 161.0525. MEMORANDUM OF UNDERSTANDING ON COOPERATION WITH OTHER STATES. Authorizes TAHC, by rule, subject to approval by the governor, to adopt a joint memorandum of understanding with another state that includes provisions under which TAHC and the other state may provide assistance to each other in the case of an animal disease outbreak. Sec. 161.0545. MOVEMENT OF ANIMAL PRODUCTS. Authorizes TAHC to adopt rules that require the certification of persons who transport or dispose of inedible animal products, including carcasses, body parts, and waste material. Authorizes TAHC, by rule, to provide terms and conditions for the issuance, renewal, and revocation of a certification under this section. Sec. 161.058. COMPENSATION OF LIVESTOCK OWNER. (a) Authorizes TAHC to pay an indemnity to the owner of livestock exposed to or infected with a disease if TAHC considers it necessary to eradicate the disease and to dispose of the exposed or diseased livestock. Requires TAHC to provide the owner with information regarding available state or federal indemnity funds. (b) Authorizes TAHC to adopt rules for the implementation of this section, including rules governing eligibility for compensation, amounts of compensation, and limits and restrictions on compensation. (c) Authorizes TAHC to spend funds appropriated for the purpose of this section only for direct payment to owners of exposed or infected livestock. SECTION 2. Amends Section 161.101, Agriculture Code, as follows: Sec. 161.101. DUTY TO REPORT. (a) Authorizes TAHC to adopt rules that require a veterinarian to report the existence of a disease other than bluetongue in an animal to TAHC within 24 hours of diagnosis if the disease is recognized by the United States Department of Agriculture as a foreign animal disease, the subject of a cooperative eradication program with the United States Department of Agriculture, named on "List A" of the Office International Des Epizooties, or the subject of a state of emergency, as declared by the governor. The state currently requires the reporting of a specific list of diseases, if found in livestock, exotic livestock, or domestic or exotic fowl. (b) Authorizes TAHC to adopt rules that require a veterinarian to report a disease not listed in Subsection (a) if TAHC determines it to be necessary for the protection of animal health in this state. Requires TAHC to deliver a copy of such an order to the appropriate legislative oversight committees immediately. Provides that such a rule adopted by TAHC expires at the end of the first legislative session after which it is adopted unless it is continued by the legislature. (c) Prohibits TAHC from adopting, amending, or repealing a rule under this section unless TAHC holds a public hearing on the proposed action following public notice of the hearing. SECTION 3. Amends Section 161.145(a), Agriculture Code, to establish that a person commits an offense if, as a veterinarian, the person wilfully fails or refuses to comply with a provision of a rule adopted under Subchapter F (Veterinarian Reports of Diseased Animals) of this chapter. SECTION 4. Amends Section 165.026(b), Agriculture Code, to authorize TAHC to adopt rules for registration under this section (Feeding Garbage to Swine), including rules providing for registration issuance and renewal, disease tests, inspection, and bookkeeping. Authorizes TAHC to impose a registration fee not to exceed $25 a year. SECTION 5. Repealer: Repeals Sections 162.007 (Sale or Slaughter), 162.008 (Compensation of Owner), 163.068 (Compensation to Owner of Cattle), 165.024 (Sale and Slaughter of Diseased Animals), and 165.025 (Compensation of Owner of Swine), Agriculture Code. SECTION 6. (a) Effective date: September 1, 1999. (b) Provides that the change in law made by this Act to Section 161.101, Agriculture Code, takes effect January 1, 2000, except that TAHC is authorized to adopt rules before that date, in accordance with Section 161.101, Agriculture Code, as amended by this Act, to take effect of that date. SECTION 7. Emergency clause.