bill abolishes the Texas Animal Health Commission

The text as introduced · 24,287 words

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.