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  By: Schwertner  S.B. No. 1233
         (In the Senate - Filed March 6, 2013; March 13, 2013, read
  first time and referred to Committee on Agriculture, Rural Affairs,
  and Homeland Security; April 11, 2013, reported adversely, with
  favorable Committee Substitute by the following vote:  Yeas 4,
  Nays 0; April 11, 2013, sent to printer.)
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 1233 By:  Schwertner
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to an animal identification program.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subsections (a), (c), and (d), Section 161.056,
  Agriculture Code, are amended to read as follows:
         (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 no more stringent than a
  federal animal disease traceability or other federal animal
  identification program [consistent with the United States
  Department of Agriculture's National Animal Identification
  System].
         (c)  The commission may adopt rules to require the use of
  official identification [numbers assigned] as part of the animal
  identification program under Subsection (a) for animal disease
  control or[,] animal emergency management[, and other commission
  programs].
         (d)  The 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 [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].
         SECTION 2.  Subsections (b), (g), and (h), Section 161.056,
  Agriculture Code, are repealed.
         SECTION 3.  (a)  The changes in law made by this Act to
  Section 161.056, Agriculture Code, do not supersede rules of the
  Texas Animal Health Commission implementing an animal
  identification program adopted under Section 161.056, Agriculture
  Code, prior to the amendment of that section by this Act.  Those
  rules are continued in effect until amended or repealed as if this
  Act had not been enacted, and the former law is continued in effect
  for that purpose.
         (b)  Rules adopted under Section 161.056, Agriculture Code,
  and amendments to existing rules adopted under Section 161.056,
  Agriculture Code, after the effective date of this Act must be made
  in conformity with the changes in law made by this Act.
         SECTION 4.  (a)  The repeal by this Act of Subsection (g),
  Section 161.056, Agriculture Code, does not apply to an offense
  committed under that subsection before the effective date of this
  Act.  For purposes of this section, an offense is committed before
  the effective date of this Act if any element of the offense occurs
  before that date.
         (b)  An offense committed before the effective date of this
  Act is governed by Subsection (g), Section 161.056, Agriculture
  Code, as it existed when the offense was committed, and the former
  law is continued in effect for that purpose.
         SECTION 5.  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, 2013.
 
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