HB 238 — Relating to the power of the Texas Animal Health Commission to control or eradicate pests.

(a) The commission may prepareexempt andfrom planregistration for,a respondperson to,participating and aid in thea recovery from disaster events that may affect livestock, exotic livestock, domestic fowl, or exotic fowl, including disease or pest outbreaks,surveillance hurricanes,program floods,recognized tornadoes,by wildfires,the andcommission. acts of terrorism.

(b)AATheSECTIONA8.AASection commission161.0412, mayAgriculture assistCode, withis localamended emergencyto managementread planning.as follows:

ThisSec.A161.0412.AAREGULATION subsectionAND mayREGISTRATION notOF beFERAL construedSWINE toHOLDING affectFACILITIES. the commission ’s responsibility under any other law, including Chapter 418, Government Code, or any responsibility delegated to the commission by an emergency management authority of this state.

(a) The commission may, for disease or pest control purposes, require the registration of feral swine holding facilities.

(b)AATo prevent the spread of disease or pests, the commission may require a person to register with the commission if the person confines feral swine in a holding facility for slaughter, sale, exhibition, hunting, or any other purpose specified by commission rule.

(c)AARules adopted under this section shall include registration requirements, provisions for the issuance, revocation, and renewal of a registration, disease or pest testing, inspections, recordkeeping, construction standards, location limitations, and provisions relating to the treatment of swine in and movement of swine to or from a feral swine holding facility.

(d)AARules authorized by this section may be adopted only for disease or pest control [disease-control] purposes.

SECTION A9.AAThe heading to Section 161.0415, Agriculture Code, is amended to read as follows:

Sec.A161.0415.AADISPOSAL OF DISEASED, INFESTED, OR EXPOSED C.S.H.B.ANo.A238 LIVESTOCK OR FOWL.A SECTIONA10.AASections 161.0415(a) and (b), Agriculture Code, are amended to read as follows:

(a)AAThe commission by order may require the slaughter of livestock, domestic fowl, or exotic fowl, under the direction of the commission, or the sale of livestock, domestic fowl, or exotic fowl for immediate slaughter at a public slaughtering establishment maintaining federal or state inspection if the livestock, domestic fowl, or exotic fowl is exposed to or infected or infested with a pest or disease other than bluetongue or vesicular stomatitis that, as applicable:

(1)AAis recognized by the United States Department of Agriculture as:

(A)AAa foreign animal disease;

or (B)AAa reportable animal disease;

(2)AAis the subject of a cooperative eradication program with the United States Department of Agriculture;

(3)AAis an animal disease reportable to the World Organisation for Animal Health;

or (4)AAis the subject of a state of emergency, as declared by the governor.

(b)AAThe commission by order may require the slaughter and disposal of livestock, domestic fowl, or exotic fowl exposed to or infected or infested with a disease or pest not listed in Subsection (a) if the commission determines that action to be necessary for the protection of animal health in this state.

AAThe commission shall immediately deliver a copy of an order issued under this subsection C.S.H.B.ANo.A238 to the appropriate legislative oversight committees.

SECTION A11.AASection 161.0416(a), Agriculture Code, is amended to read as follows:

(a)AAThe 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 or pest infestations, hurricanes, floods, tornadoes, wildfires, and acts of terrorism.

SECTIONA12.AAThe heading to Section 161.0417, Agriculture Code, is amended to read as follows:

(a)SECTION AA13.AASection person,161.0417(a), includingAgriculture aCode, veterinarian,is mustamended be authorized by the commission in order to engageread inas anfollows: activity that is part of a state or federal disease or pest control or eradication program for animals.

(b)(a)AAA AATheperson, commissionincluding shalla adoptveterinarian, rulesmust forbe authorized by the authorizationcommission in order to engage in an activity that is part of a personstate describedor byfederal Subsectiondisease (a).or pest control or eradication program for animals.

H.B.ANo.A238SECTIONA14.AASection (c)AAThe161.043, commissionAgriculture may,Code, afteris reasonableamended notice, suspend or revoke a person s authorization under Subsection (a) if the commission determines that the person has substantially failed to complyread withas thisfollows: chapter or rules adopted under this chapter.

(d)AAA person is entitled to a hearing before the commission or a hearing examiner appointed by the commission before the commission may revoke the person’ s authorization under Subsection (a).

The commission shall make all final decisions to suspend or revoke an authorization.

(e) AAThis section does not affect the requirement for a license or an exemption under Chapter 801, Occupations Code, to practice veterinary medicine.

The 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 or against pests.

Sec.A161.044.AAREGULATIONSECTION OFA15.AASection LIVESTOCK161.044, MOVEMENTAgriculture FROMCode, STOCKYARDSis ORamended RAILWAYto SHIPPINGread PENS.as follows:

TheC.S.H.B.ANo.A238 commissionSec.A161.044.AAREGULATION mayOF regulateLIVESTOCK theMOVEMENT movementFROM ofSTOCKYARDS livestockOR outRAILWAY ofSHIPPING stockyardsPENS. or railway shipping pens and require treatment or certification of those animals as reasonably necessary to protect against communicable diseases or pests.

The 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 or against pests.

SECTIONA16.AASections 161.048(a) and (e), Agriculture Code, are amended to read as follows:

(a) AAAn agent of the commission is entitled to stop and inspect a shipment of animals or animal products being transported in this state in order to:

(1)AAdetermine if the shipment is in compliance with the laws and rules administered by the commission affecting the shipment;

(2)AAdetermine if the shipment originated from a quarantined area or herd;

or (3)AAdetermine if the shipment presents a danger to the public health or livestock industry through pest [insect] infestation or through a communicable or noncommunicable disease.

(e)AAIn this section, "animal product" includes hides;

bones;

hoofs;

horns;

viscera;

parts of animal bodies;

litter, straw, or hay used for bedding;

and any other substance capable of carrying pests [insects] or a disease that may endanger the livestock industry.

SECTIONA17.AASection 161.0525, Agriculture Code, is amended to read as follows:

Sec.A161.0525.AAMEMORANDUM OF UNDERSTANDING ON COOPERATION C.S.H.B.ANo.A238 WITH OTHER STATES.

The 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 commission and the other state may provide assistance to each other in the case of an animal disease outbreak or pest infestation.

SECTIONA18.AASection 161.054(e), Agriculture Code, is amended to read as follows:

(e)AAIn connection with the regulation of the movement of feral swine, the commission by rule may require [disease] testing for diseases or pests before movement of a feral swine from one location to another, and establish the conditions under which feral swine may be transported.

SECTIONA19.AAThe heading to Section 161.0541, Agriculture Code, is amended to read as follows:

Sec.A161.0541.AAELK DISEASE AND PEST SURVEILLANCE PROGRAM.

SECTION A20.AASections 161.0541(a) and (b), Agriculture Code, are amended to read as follows:

(a)AAThe commission by rule may establish a disease or pest surveillance program for elk.

(b) AARules adopted under this section must:

(1)AArequire each person who moves elk in this state to have elk tested for chronic wasting disease, [or] other diseases, or pests as determined by the commission;

(2)AAbe designed to protect the health of the elk population in this state;

and (3)AAinclude provisions for testing, identification, transportation, and inspection under the disease or pest C.S.H.B.ANo.A238 surveillance program.

SECTION A21.AASection 161.0542, Agriculture Code, is amended to read as follows:

A161.0525.AAMEMORANDUMA161.0542.AANOTICE OF UNDERSTANDINGWILDLIFE ONDISEASE COOPERATIONOUTBREAK WITHOR OTHERPEST STATES.INFESTATION.

The 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 commission H.B.ANo.A238 and the other state may provide assistance to each other in the case of an animal disease outbreak or pest infestation.

Sec.

A161.054.AAREGULATION OF MOVEMENT OF ANIMALS;

EXCEPTION.

(a) As a control measure, the commission by rule may regulate the movement of animals, including feral swine.

The 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 commission may require testing, vaccination, or another epidemiologically sound procedure before or after animals are moved.

(b)AAThe commission by rule may prohibit or regulate the movement of animals, including feral swine, into a quarantined herd, premise, or area.

(c)AAThe 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)AAOn 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 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 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) AAIn connection with the regulation of the movement of H.B.ANo.A238 feral swine, the commission by rule may require disease testing or pest infestation inspections before movement of a feral swine from one location to another, and establish the conditions under which feral swine may be transported.

(f)AAThe 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.

Sec.A161.0542.AANOTICE OF WILDLIFE DISEASE OR PEST OUTBREAK.

and (2)(2)AAthe AAthe Parks and Wildlife Department.

Sec.A161.056.AAANIMALSECTIONA22.AASections IDENTIFICATION161.055(a) PROGRAM.and (b), Agriculture Code, are amended to read as follows:

(a) InAAThe ordercommission tomay providerequire forslaughter diseaseplants orto pestcollect control and enhancesubmit theblood abilitysamples to trace disease-infected or pest-infected animals or animals that have been exposed to disease or pests, the commission may develop and implementother an[diagnostic] animalspecimens identificationfor programtesting thatfor is no more stringent than a federal animal disease or pestpests. traceability or other federal animal identification program.

(b)(b)AAThe AARepealedcommission by Actsrule 2013,shall 83rddetermine Leg.,the R.S.,method Ch.of collecting, submitting, and testing of blood samples and other [diagnostic] specimens.

181,SECTIONA23.AASections Sec.161.056(a), (c), (d), and (e), Agriculture Code, are amended to read as follows:

2,(a) eff.AAIn order to provide for disease or pest control and enhance the ability to trace disease-infected or pest-infested animals or animals that have been exposed to disease or pests, the C.S.H.B.ANo.A238 commission may develop and implement an animal identification program that is no more stringent than a federal animal disease or pest traceability or other federal animal identification program.

May(c)AAThe 25,commission 2013.may adopt rules to require the use of official identification as part of the animal identification program under Subsection (a) for animal disease or pest control or animal emergency management.

H.B.ANo.A238(d)AAThe (c)AAThe commission may by a two-thirds vote adopt rules to requireprovide thefor usean ofanimal official identification asprogram partmore ofstringent thethan animala identification program underallowed by Subsection (a) only for control of a specific animal disease or pest control or for animal emergency management.

(d)AAThe(e)AAInformation commissioncollected may by athe two-thirdscommission voteunder adoptthis rulessection tois provideexempt forfrom anthe animalpublic identificationdisclosure programrequirements moreof stringentChapter than552, aGovernment programCode.AAThe allowedcommission bymay Subsectionprovide (a)information onlyto foranother controlperson, ofincluding a specificgovernmental animalentity, diseasewithout oraltering forthe animalconfidential emergencystatus management.of the information.

(e)AAInformationAAThe collected by the commission undermay thisrelease sectioninformation isto: exempt from the public disclosure requirements of Chapter 552, Government Code.

The commission may provide information to another person, including a governmental entity, without altering the confidential status of the information.

The commission may release information to:

(5)AAthe Department of State Health Services, for the C.S.H.B.ANo.A238 purpose of protecting the public health from zoonotic diseases or from pests;

(6)AAany person, under an order of a court of competent H.B.ANo.A238 jurisdiction;

(A)AAlivestock may be threatened by a disease, pest, agent, or pest;

(f)AANotwithstandingSECTIONA24.AASection Subsection161.057(a), (e),Agriculture theCode, commission shall release information collected under this section if the release is necessaryamended forto emergencyread managementas purposesfollows: under Chapter 418, Government Code.

The(a) releaseAAThe ofcommission informationby underrule thismay subsectionprescribe doescriteria notfor alterclassifying areas in the confidentialstate statusfor ofdisease theor information.pest control.

(g)AARepealed by Acts 2013, 83rd Leg., R.S., Ch.

181, Sec.

2, eff.

May 25, 2013.

(h)AARepealed by Acts 2013, 83rd Leg., R.S., Ch.

181, Sec.

2, eff.

May 25, 2013.

(i) AAThe commission may adopt rules necessary to implement and enforce this section.

Sec.

A161.057.AACLASSIFICATION OF AREAS.

(a) The commission by rule may prescribe criteria for classifying areas in the state for disease or pest control.

The commission may prescribe different control measures and procedures for areas with different H.B.ANo.A238 classifications.

(b)SECTION AATheA25.AASections commission161.058(a) byand rule(c), mayAgriculture designateCode, asare aamended particularto classificationread anas areafollows: consisting of one or more counties.

Sec.(a) AAThe commission may pay an indemnity to the owner of livestock, domestic fowl, or exotic fowl exposed to, or infected or infested with, a disease or pest if the commission considers it necessary to eradicate the disease or pest and to dispose of the C.S.H.B.ANo.A238 exposed, [or] diseased, or infested livestock, domestic fowl, or exotic fowl.AAThe commission shall provide the owner with information regarding available state or federal indemnity funds.

A161.058.AACOMPENSATION(c) OFAAThe LIVESTOCKcommission ORmay FOWLspend OWNER.funds appropriated for the purpose of this section only for direct payment to owners of exposed, [or] infected, or infested livestock, domestic fowl, or exotic fowl.

(a)SECTIONA26.AASection The161.0603(b), commissionAgriculture mayCode, payis anamended indemnity to theread owneras offollows: livestock, domestic fowl, or exotic fowl exposed to or infected with a disease or insect if the commission considers it necessary to eradicate the disease or pest and to dispose of the exposed, [or] diseased, or infected livestock, domestic fowl, or exotic fowl.

The(b) commissionAAThis shallsection providedoes thenot ownerprevent withthe informationcommission regardingfrom: available state or federal indemnity funds.

(b)AAThe(1)AAusing commissiona maylaboratory adoptother rulesthan for the implementationTexas ofA&M thisVeterinary section,Medical includingDiagnostic rulesLaboratory governing:for a test as needed;

(1)AAeligibilityor for(2)AAcollecting compensation;specimens and performing field tests to diagnose animal diseases or identify pest infestations.

(2)AAamountsSECTIONA27.AASections of161.061(a) compensation;and (c), Agriculture Code, are amended to read as follows:

and(a) (3)AAlimitsAAThe andcommission restrictionsmay onestablish compensation.a quarantine against all or the portion of a state, territory, or country in which a disease or pest listed in rules adopted under Section 161.041 exists.

(c)(c)AAThe AAThe commission may spendestablish fundsa appropriatedquarantine for the purpose of this section only for direct payment to ownersprohibit of exposed or infectedregulate livestock,the domesticmovement fowl,of: or exotic fowl.

Sec.A161.061.AAESTABLISHMENT.(1)AAany article or animal that the commission designates to be a carrier of a disease or pest listed in rules adopted under Section 161.041 or a potential carrier of one of those diseases or pests, if movement is not otherwise regulated or prohibited;

(a)and The(2)AAan commissionanimal mayinto establishan aaffected quarantinearea, againstincluding alla orC.S.H.B.ANo.A238 thecounty portiondistrict, ofpasture, alot, state,ranch, territory,farm, orfield, countryrange, inthoroughfare, whichbuilding, astable, disease or peststockyard listedpen. in rules adopted under Section 161.041 exists.

(b)AAASECTION quarantineA28.AASection established161.0615(a), underAgriculture SubsectionCode, (a)is mayamended extend to anyread affectedas area,follows: including a county, district, pasture, lot, ranch, farm, field, range, thoroughfare, building, stable, or stockyard pen.

H.B.ANo.A238(a) (c)AATheAAThe commission may establishquarantine alivestock, quarantineexotic tolivestock, prohibitdomestic fowl, or regulateexotic fowl in all or any part of this state as a means of immediately restricting the movement of:of animals potentially infected with disease or infested with pests and shall clearly describe the territory included in a quarantine area.

(1)AAanySECTIONA29.AASection article161.062(b), orAgriculture animalCode, thatis theamended commission designates to beread aas carrierfollows: of a disease or pest listed in rules adopted under Section 161.041 or a potential carrier of one of those diseases or pest, if movement is not otherwise regulated or prohibited;

and (2)AAan animal into an affected area, including a county district, pasture, lot, ranch, farm, field, range, thoroughfare, building, stable, or stockyard pen.

(d)AAThe commission by rule may delegate its authority to establish a quarantine under this section to the executive director, who shall promptly notify the members of the commission when a quarantine is established.

Sec.A161.0615.AASTATEWIDE OR WIDESPREAD QUARANTINE.

(a) The 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 or pests and shall clearly describe the territory included in a quarantine area.

(b) AAThe commission by rule may delegate its authority to quarantine livestock, exotic livestock, domestic fowl, or exotic fowl under this section to the executive director, who shall promptly notify the members of the commission of the quarantine.

(c) AAThe commission by rule shall prescribe the manner in which notice of a statewide or widespread quarantine under this section is to be published.

H.B.ANo.A238 Sec.A161.062.AAPUBLICATION OF NOTICE.

(a) Except as provided by Section 161.0615, the 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 commission shall pay the expense of publication out of any appropriation made for office and stationery expenses of the commission.

The commission may pay the expense of publication or posting out of any appropriation made for the office and stationery expenses of the commission or out of any appropriation made for the control or eradication of communicable diseases or pests ofthat affect [of] livestock.

Sec.SECTIONA30.AASections 161.063(a), (b), and (d), Agriculture Code, are amended to read as follows:

A161.063.AACONTENTS(a)AAA OFquarantine NOTICE.notice must state the requirements and C.S.H.B.ANo.A238 restrictions under which animals may be permitted to enter this state or to be moved from a quarantined area within this state.

(a)If Athe quarantineseriousness noticeof must state the requirementsdisease andor restrictionspest underis whichsufficient animals may be permitted to enterwarrant thisprohibiting statethe ormovement toof beanimals, movedthe fromnotice amust quarantinedstate areathat withinthe thismovement state.is prohibited.

IfThe thequarantine seriousnessnotice ofmust state the diseaseclass orof pestpersons infestationauthorized isby sufficient to warrant prohibiting the movementcommission ofto animals,issue thecertificates noticeor mustpermits statepermitting thatmovement. the movement is prohibited.

The(b)AAA quarantine notice must state the classcause offor personswhich authorizedthe byquarantine theis commissionestablished, towhether issuefor certificatesinfection, infestation, or permits[or H.B.ANo.A238for] permittingexposure. movement.

(b) AAA quarantine notice must state the cause for which the quarantine is established, whether for infection or for exposure.

(c)AAA quarantine notice must describe the area or premises quarantined in a reasonable manner that enables a person to identify the area or premises, but is not required to describe the area or premises by metes and bounds.

Sec.A161.065.AAMOVEMENTSECTIONA31.AASection FROM161.065(a), QUARANTINEDAgriculture AREA;Code, is amended to read as follows:

MOVEMENT(a)AAExcept OFas QUARANTINEDprovided ANIMALS.by Subsection (b) of this section, a person, in violation of a quarantine, may not:

(a) Except as provided by Subsection (b) of this section, a person, in violation of a quarantine, may not:

or C.S.H.B.ANo.A238 (3)AAmove commodities or animals designated as disease or pest carriers or potential disease or pest carriers in this state from a quarantined place in or outside this state.

(b)SECTIONA32.AAThe AATheheading commissionto maySubchapter provideF, forChapter a161, writtenAgriculture certificateCode, oris H.B.ANo.A238amended writtento permitread authorizingas thefollows: movement of commodities or animals from quarantined places or the movement of quarantined commodities or animals.

TheSUBCHAPTER certificateF. or permit must be issued by a veterinarian or other person authorized by the commission to issue a certificate or permit.

EachVETERINARIAN certificateREPORTS orOF permitDISEASED mustOR bePEST-INFESTED issuedANIMALS inSECTIONA33.AASections conformity161.101(a), with(b), theand requirements(c), statedAgriculture inCode, theare quarantineamended notice.to read as follows:

(c)AAIf(a) AAA veterinarian, a veterinary diagnostic laboratory, or a person having care, custody, or control of an animal shall report to the commission findsthe animalsexistence thatof havediseases beenor movedpests listed in violationrules ofadopted aby quarantinethe establishedcommission underamong thislivestock, chapterexotic livestock, bison, domestic fowl, or inexotic violationfowl within 24 hours after diagnosis of anythe otherdisease livestockor sanitaryidentification law,of the pest infestation.AAThe commission shall quarantineadopt and periodically update rules listing the animalsdiseases untilor theypests havethat beenthe properlycommission treated,determines vaccinated,require tested,reporting orunder disposedthis ofsection.AASection in2001.0045, accordanceGovernment withCode, thedoes not apply to rules ofadopted theunder commission.this subsection.

Sec.A161.101.AADUTY(b) TOAAIn REPORT.addition to reporting required by Subsection (a), the commission may adopt rules that require a veterinarian, a veterinary diagnostic laboratory, or a person having care, custody, or control of an animal to report the existence of a pest or a disease other than bluetongue in an animal to the commission within 24 hours after identification or diagnosis if the pest or disease, as applicable:

(a)(1)AAis Arecognized veterinarian, a veterinary diagnostic laboratory, or a person having care, custody, or control of an animal shall report to the commission the existence of diseases or pest listed in rules adopted by the commissionUnited amongStates livestock,Department exotic livestock, bison, domestic fowl, or exotic fowl within 24 hours after diagnosis of theC.S.H.B.ANo.A238 diseaseAgriculture oras: pest.

The commission shall adopt and periodically update rules listing the diseases or pests that the commission determines require reporting under this section.

Section 2001.0045, Government Code, does not apply to rules adopted under this subsection.

(b) AAIn addition to reporting required by Subsection (a), the commission may adopt rules that require a veterinarian, a veterinary diagnostic laboratory, or a person having care, custody, or control of an animal to report the existence of a disease or pest H.B.ANo.A238 other than bluetongue in an animal to the commission within 24 hours after diagnosis if the disease:

(1)AAis recognized by the United States Department of Agriculture as:

[or]or (B)AAa reportable animal disease;

or (C)AAa reportable pest;

(c)AAThe(c) AAThe 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 or a pest not covered by Subsection (a) or (b) if the commission determines that action to be necessary for the protection of animal health in this state.state.AAThe commission shall immediately deliver a copy of a rule adopted under this subsection to the appropriate legislative oversight committees.

TheSECTIONA34.AASection commission161.112, shallAgriculture immediatelyCode, deliveris aamended copy of a rule adopted under this subsection to theread appropriateas legislativefollows: oversight committees.

(d)AAThe commission may not adopt, amend, or repeal a rule under this section unless the commission holds a public hearing on the proposed action following public notice of the hearing.

(a) Following notice and public hearing, the commission shall adopt rules relating to the movement of livestock, exotic livestock, and exotic fowl from livestock H.B.ANo.A238 markets and shall require tests, immunization, or treatment as necessary to protect against the spread of communicable diseases or against the spread of pests.

(b)AAFollowing(b) AAFollowing notice and public hearing, the commission may adopt rules requiring permits for moving exotic livestock and C.S.H.B.ANo.A238 exotic fowl from livestock markets as necessary to protect against the spread of communicable diseases or against the spread of pests.

Sec.A161.116.AASALESECTION ORA35.AASection DELIVERY161.116, OFAgriculture DISEASEDCode, CATTLE.is amended to read as follows:

(a)Sec.A161.116.AASALE InOR thisDELIVERY action,OF "diseased"DISEASED meansOR affectedPEST-INFESTED byCATTLE. actinobacillosis, actinomycosis, carcinoma, mastitis, or any other disease or pest infestation that renders the carcass of an animal potentially dangerous for human consumption and has been so designated by rule of the commission.

(b)AAExcept(a) asIn providedthis section, "diseased" means affected by Subsectionactinobacillosis, (c)actinomycosis, carcinoma, mastitis, or any other disease that renders the carcass of thisan section,animal apotentially persondangerous mayfor nothuman sellconsumption diseasedand cattlehas unless:been so designated by rule of the commission.

(b)AAExcept as provided by Subsection (c) of this section, a person may not sell diseased or pest-infested cattle unless:

(c)AAThe original owner of diseased or pest-infested cattle may sell the cattle in violation of Subsection (b) of this section if the cattle are sold and delivered on the premises of the original owner, but the purchaser shall comply with the requirements of this section.

(d)(d)AAA AAA person may not release diseased or pest-infested cattle from a livestock market unless the cattle are:

H.B.ANo.A238 (1)AAconsigned directly to a federally approved terminal market or to a slaughtering establishment maintaining C.S.H.B.ANo.A238 federal, state, or state-approved veterinary postmortem inspection;

(e)AAThis section does not prevent the original owner of diseased or pest-infested 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.

(f)AAA person may not deliver or divert diseased or pest-infested cattle consigned under a certificate or permit issued under Subsection (d) of this section to a place other than the terminal market or slaughtering establishment named in the certificate or permit.

(g) AAA person may not release diseased or pest-infested cattle from a terminal market or slaughtering establishment to which the cattle have been H.B.ANo.A238 consigned under a certificate or permit issued under Subsection (d) of this section except on authority of C.S.H.B.ANo.A238 the commission.

Sec.SECTION A36.AASection 161.135, Agriculture Code, is amended to read as follows:

A161.135.AAIMPROPERSec.A161.135.AAIMPROPER DISPOSAL OF DISEASED OR INFECTEDPEST-INFESTED CARCASS.

(a) A person required to dispose of a diseased or infectedpest-infested carcass in accordance with Section 161.004 of this code commits an offense if the person fails to dispose of the carcass in accordance with that section.

Sec.SECTIONA37.AASection 161.140(a), Agriculture Code, is amended to read as follows:

A161.140.AAREFUSAL(a) TOAAA PERMITperson EXAMINATIONcommits OFan ANIMALoffense ORif CARCASS.the person:

(a)(1)AArefuses Ato personallow commitsthe commission or an offenseagent ifof the person: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 commission or agent has reason to believe is affected by a communicable disease or a pest;

(1)AArefuses to allow the commission or an agent of the 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 commission or agent has reason to believe is affected by a communicable disease or pest infestation;

(b)AAAnSECTION offenseA38.AASection under161.141(e), thisAgriculture sectionCode, is aamended Classto Cread misdemeanoras unlessfollows: 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.

SECTION(e) A2.AAThisAAA Actperson takescommits effecta immediatelyseparate ifoffense itfor receiveseach acounty voteinto ofwhich two-thirdslivestock, ofdomestic allanimals, thedomestic membersfowl, electeddisease toor eachpest house,carriers, asor providedpotential bydisease Sectionor 39,pest Articlecarriers III,are Texasmoved Constitution.within six months following the original movement in violation of Section 161.065 of this code.

IfC.S.H.B.ANo.A238 thisSECTIONA39.AAThe Actheading doesto notSection receive161.145, theAgriculture voteCode, necessaryis foramended immediateto effect,read thisas Actfollows: takes effect September 1, 2025.

20Sec.

A161.145.AAVETERINARIAN FAILURE TO REPORT DISEASED OR PEST-INFESTED ANIMALS.

SECTIONA40.AAAs soon as is practicable after the effective date of this Act, the Texas Animal Health Commission shall adopt rules to implement the changes in law made by this Act to Chapter 161, Agriculture Code.

SECTION A41.AAThis Act takes effect on the 91st day after the last day of the legislative session.

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