HB 2439

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
(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
(a)  The office shall establish the Texas food system
security and resiliency planning council.  The council is composed
(1)  three members appointed by the governor;
(2)  three members appointed by the lieutenant
(3)  three members appointed by the speaker of the
(4)  [one member of the Texas Animal Health Commission
[(5)]  one member appointed by the commissioner to
(5) [(6)]  one member appointed by the commissioner to
represent nonprofit organizations that provide home delivered
(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
SECTION 3.  Section 71.0082(a), Agriculture Code, is amended
(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
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
(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 7.  Section 161.003, Agriculture Code, is amended to
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
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
(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
(2)  by rule prescribe the method or methods that a
person may use to dispose of a carcass as required by Subsection
(d)  The department [commission] by rule may delegate its
authority under this section to the commissioner [executive
SECTION 9.  Section 161.005, Agriculture Code, is amended to
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
(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
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
SECTION 11.  Section 161.009, Agriculture Code, is amended
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
(b)  The department [commission] may release information
described by Subsection (a) to:
(1)  the attorney general's office, for the purpose of
(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]
(i)  livestock may be threatened by a
(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
(2)  is not an offense under Section 552.352,
(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
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
(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
(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
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
(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
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
(1)  is recognized by the United States Department of
(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
(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
(c)  A person may appeal an order of the department
[commission] under this section as provided by Chapter 2001,
(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
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
(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
(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
(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
SECTION 19.  Section 161.042, Agriculture Code, is amended
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
SECTION 20.  Section 161.043, Agriculture Code, is amended
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
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
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
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
(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
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]
(2)  determine if the shipment originated from a
(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
(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
SECTION 27.  Section 161.050, Agriculture Code, is amended
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
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
(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
(4)  Department of Public Safety officers to provide
assistance when requested by the Department of Agriculture
(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
(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
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
(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
(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
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
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
(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
(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
(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
(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
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
(3)  include provisions for testing, identification,
transportation, and inspection under the disease surveillance
(c)  A person commits an offense if the person knowingly
violates a rule adopted by the department [commission] under this
SECTION 33.  Section 161.0542, Agriculture Code, is amended
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
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
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
SECTION 36.  Section 161.056, Agriculture Code, is amended
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
(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
(1)  a person who owns or controls animals and seeks
information regarding those animals, if the person requests the
(2)  the attorney general's office, for the purpose of
(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
(7)  a state, municipal, or county emergency management
authority, for the purpose of management or response to natural 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,
(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
(i)  The department [commission] may adopt rules necessary
to implement and enforce this section.
SECTION 37.  Section 161.057, Agriculture Code, is amended
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
(b)  The department [commission] by rule may designate as a
particular classification an area consisting of one or more
SECTION 38.  Section 161.058, Agriculture Code, is amended
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,
SECTION 39.  Section 161.059, Agriculture Code, is amended
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
SECTION 40.  Section 161.060, Agriculture Code, is amended
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
SECTION 41.  Section 161.0601, Agriculture Code, is amended
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
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:
(2)  provisions governing the issuance, renewal, and
(4)  recordkeeping requirements;
(5)  equine infectious anemia testing methods approved
by the department [commission]; and
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
(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
(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
(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
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
(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
(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
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
(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
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
(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
(1)  is recognized by the United States Department of
(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
(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
(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
SECTION 51.  Section 161.102, Agriculture Code, is amended
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
(1)  a suitable specimen from the animal;
(2)  the name and address of the owner or caretaker of
(3)  the location of the premises on which the animal
SECTION 52.  Section 161.112, Agriculture Code, is amended
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
(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
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
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
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
(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
(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
(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
(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
(g)  A person may not release diseased cattle from a terminal
market or slaughtering establishment t