HB2439 - Relating to the abolishment of the Texas Animal Health Commission and the transfer of its functions to the Department of Agriculture.

  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 ta [Text truncated for display. 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