| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the implementation of animal identification programs |
|
|
and the identification and tracking of exotic livestock and exotic |
|
|
fowl. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 161.056, Agriculture Code, is amended to |
|
|
read as follows: |
|
|
Sec. 161.056. [ANIMAL] IDENTIFICATION OF EXOTIC LIVESTOCK |
|
|
AND EXOTIC FOWL [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 commission may
|
|
|
develop and implement an animal identification program that is
|
|
|
consistent with the United States Department of Agriculture's
|
|
|
National Animal Identification System.
|
|
|
[(b) The commission may recognize the following as official
|
|
|
identification numbers in the state:
|
|
|
[(1) premises identification numbers assigned to each
|
|
|
geographically unique location associated with animal agriculture;
|
|
|
[(2)individual animal identification numbers; and
|
|
|
[(3)group identification numbers.
|
|
|
[(c) The commission may require the use of official
|
|
|
identification numbers assigned as part of the animal
|
|
|
identification program for animal disease control, animal
|
|
|
emergency management, and other commission programs.
|
|
|
[(d) The commission may establish a date by which all
|
|
|
premises must be registered and may assess a registration fee on all
|
|
|
entities that register for a premises identification number.
|
|
|
[(e) Information collected by the commission under this
|
|
|
section is 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:
|
|
|
[(1) a person who owns or controls animals and seeks
|
|
|
information regarding those animals, if the person requests the
|
|
|
information in writing;
|
|
|
[(2) the attorney general's office, for the purpose of
|
|
|
law enforcement;
|
|
|
[(3) the secretary of the United States Department of
|
|
|
Agriculture, for the purpose of animal health protection;
|
|
|
[(4) the secretary of the Department of Homeland
|
|
|
Security, for the purpose of homeland security;
|
|
|
[(5) the Department of State Health Services, for the
|
|
|
purpose of protecting the public health from zoonotic diseases;
|
|
|
[(6) any person, under an order of a court of competent
|
|
|
jurisdiction;
|
|
|
[(7) a state, municipal, or county emergency
|
|
|
management authority, for the purpose of management or response to
|
|
|
natural or man-made disasters; or
|
|
|
[(8) any person the executive director of the
|
|
|
commission considers appropriate, if the executive director
|
|
|
determines that:
|
|
|
[(A) livestock may be threatened by a disease,
|
|
|
agent, or pest; and
|
|
|
[(B) the release of the information is related to
|
|
|
actions the commission may take under this section.
|
|
|
[(f) Notwithstanding Subsection (e), the commission shall
|
|
|
release information collected under this section if the release is
|
|
|
necessary for emergency management purposes under Chapter 418,
|
|
|
Government Code. The release of information under this subsection
|
|
|
does not alter the confidential status of the information.
|
|
|
[(g) A person commits an offense if the person fails to
|
|
|
comply with an order or rule adopted under this section.
|
|
|
[(h) An offense under Subsection (g) is a Class C
|
|
|
misdemeanor unless it is shown on the trial of the offense that the
|
|
|
defendant has been convicted previously under this section, in
|
|
|
which case the offense is a Class B misdemeanor.
|
|
|
[(i)] The commission may adopt rules to establish a standard |
|
|
method for identifying and tracking exotic livestock and exotic |
|
|
fowl [necessary to implement and enforce this section]. The rules |
|
|
must provide that use of the method by an owner of exotic livestock |
|
|
or exotic fowl is voluntary. |
|
|
SECTION 2. This Act takes effect immediately if it receives |
|
|
a vote of two-thirds of all the members elected to each house, as |
|
|
provided by Section 39, Article III, Texas Constitution. If this |
|
|
Act does not receive the vote necessary for immediate effect, this |
|
|
Act takes effect September 1, 2007. |