HB 238

89S20157 SCF-F
		By: Guillen
  H.B. No. 238
  Substitute the following for H.B. No. 238:
  By:  Kitzman
  C.S.H.B. No. 238
  A BILL TO BE ENTITLED
  AN ACT
  relating to the power of the Texas Animal Health Commission to
  control or eradicate pests.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 161.003(a), Agriculture Code, is amended
  to read as follows:
         (a)  The commissioners court of each county shall cooperate
  with and assist the commission in protecting livestock, domestic
  animals, and domestic fowl from communicable diseases or from
  pests, regardless of whether a particular disease or pest exists in
  the county.
         SECTION 2.  The heading to Section 161.004, Agriculture
  Code, is amended to read as follows:
         Sec. 161.004.  DISPOSAL OF DISEASED OR PEST-INFESTED
  LIVESTOCK CARCASS.
         SECTION 3.  Sections 161.004(a) and (c), Agriculture Code,
  are amended to read as follows:
         (a)  A person who is the owner or caretaker of livestock,
  exotic livestock, domestic fowl, or exotic fowl that die from a
  disease or pest listed by the 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 commission under this section.
         (c)  The commission shall:
               (1)  determine the most effective methods of disposing
  of diseased, infected, or infested 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).
         SECTION 4.  Section 161.007, Agriculture Code, is amended to
  read as follows:
         Sec. 161.007.  EXPOSURE, [OR] INFECTION, OR INFESTATION
  CONSIDERED CONTINUING.  If a veterinarian employed by the
  commission determines that a communicable disease or a pest 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 or to a pest, the exposure, [or] infection, or infestation
  is considered to continue until the commission determines that the
  exposure, [or] infection, or infestation has been eradicated
  through methods prescribed by rule of the commission.
         SECTION 5.  Section 161.009(b), Agriculture Code, is amended
  to read as follows:
         (b)  The 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 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 or
  from pests;
               (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 executive director of the
  commission considers appropriate, if:
                     (A)  the 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 commission may take in performance of its
  powers and duties; or
                     (B)  the executive director determines that the
  release of the information is necessary for emergency management
  purposes under Chapter 418, Government Code.
         SECTION 6.  Section 161.041, Agriculture Code, is amended to
  read as follows:
         Sec. 161.041.  DISEASE AND PEST CONTROL.  (a)  The commission
  shall protect all livestock, exotic livestock, domestic fowl, and
  exotic fowl from diseases or pests the commission determines
  require control or eradication.  The commission shall adopt and
  periodically update rules listing the diseases or pests that
  require control or eradication by the commission.  Section
  2001.0045, Government Code, does not apply to rules adopted under
  this subsection.
         (b)  The commission may act to eradicate or control any pest,
  disease, or agent of transmission for a [any] disease that affects
  livestock, exotic livestock, domestic fowl, or exotic fowl.  The
  commission may act under this subsection with respect to a disease
  or agent of transmission of a disease[,] regardless of whether the
  disease is communicable and[,] even if the agent of transmission is
  an animal species that is not subject to the jurisdiction of the
  commission.  The 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
  commission, livestock, exotic livestock, domestic fowl, or exotic
  fowl:
               (1)  infected with a disease or infested with a pest
  listed by the commission by rule under Subsection (a);
               (2)  exposed, as defined by commission rule, to a
  disease or pest listed by the commission by rule under Subsection
  (a) if the commission has notified the person that the animal was
  exposed to the disease or pest; or
               (3)  subject to a testing requirement due to a risk of
  exposure, as defined by commission rule, to a specific disease or
  pest if the commission has notified the person of the testing
  requirement.
         (d)  A person commits an offense if the person knowingly
  fails to identify or refuses to permit an agent of the commission to
  identify, in accordance with rules adopted by the commission,
  livestock, exotic livestock, domestic fowl, or exotic fowl infected
  with a disease or infested with a pest listed by the 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 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
  commission shall assume responsibility for disease or pest control
  efforts, but work collaboratively with the other agency to enable
  each agency to effectively carry out its responsibilities.
         (g)  The 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 commission is limited to instances when a
  disease or pest that threatens livestock, exotic livestock,
  domestic fowl, or exotic fowl has been confirmed or is suspected to
  exist in that species and the commission determines that a serious
  threat to livestock, exotic livestock, domestic fowl, or exotic
  fowl exists.
         SECTION 7.  Section 161.0411(a), Agriculture Code, is
  amended to read as follows:
         (a)  A seller, distributor, or transporter of live domestic
  or exotic fowl in this state shall register with the commission
  under this section.  The commission may exempt from registration a
  person participating in a disease or pest surveillance program
  recognized by the commission.
         SECTION 8.  Section 161.0412, Agriculture Code, is amended
  to read as follows:
         Sec. 161.0412.  REGULATION AND REGISTRATION OF FERAL SWINE
  HOLDING FACILITIES.  (a)  The commission may, for disease or pest
  control purposes, require the registration of feral swine holding
  facilities.
         (b)  To 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)  Rules 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)  Rules authorized by this section may be adopted only for
  disease or pest control [disease-control] purposes.
         SECTION 9.  The heading to Section 161.0415, Agriculture
  Code, is amended to read as follows:
         Sec. 161.0415.  DISPOSAL OF DISEASED, INFESTED, OR EXPOSED
  LIVESTOCK OR FOWL. 
         SECTION 10.  Sections 161.0415(a) and (b), Agriculture Code,
  are amended to read as follows:
         (a)  The 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)  is recognized by the United States Department of
  Agriculture as:
                     (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
  by the governor.
         (b)  The 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.  The commission shall
  immediately deliver a copy of an order issued under this subsection
  to the appropriate legislative oversight committees.
         SECTION 11.  Section 161.0416(a), Agriculture Code, is
  amended to read as follows:
         (a)  The 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.
         SECTION 12.  The heading to Section 161.0417, Agriculture
  Code, is amended to read as follows:
         Sec. 161.0417.  AUTHORIZED PERSONNEL FOR DISEASE OR PEST
  CONTROL.
         SECTION 13.  Section 161.0417(a), Agriculture Code, is
  amended to read as follows:
         (a)  A person, including a veterinarian, must be authorized
  by the commission in order to engage in an activity that is part of a
  state or federal disease or pest control or eradication program for
  animals.
         SECTION 14.  Section 161.043, Agriculture Code, is amended
  to read as follows:
         Sec. 161.043.  REGULATION OF EXHIBITIONS.  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.
         SECTION 15.  Section 161.044, Agriculture Code, is amended
  to read as follows:
         Sec. 161.044.  REGULATION OF LIVESTOCK MOVEMENT FROM
  STOCKYARDS OR RAILWAY SHIPPING PENS.  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.
         SECTION 16.  Sections 161.048(a) and (e), Agriculture Code,
  are amended to read as follows:
         (a)  An 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)  determine if the shipment is in compliance with
  the laws and rules administered by the commission affecting the
  shipment;
               (2)  determine if the shipment originated from a
  quarantined area or herd; or
               (3)  determine 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)  In 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.
         SECTION 17.  Section 161.0525, Agriculture Code, is amended
  to read as follows:
         Sec. 161.0525.  MEMORANDUM OF UNDERSTANDING ON COOPERATION
  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.
         SECTION 18.  Section 161.054(e), Agriculture Code, is
  amended to read as follows:
         (e)  In 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.
         SECTION 19.  The heading to Section 161.0541, Agriculture
  Code, is amended to read as follows:
         Sec. 161.0541.  ELK DISEASE AND PEST SURVEILLANCE PROGRAM.
         SECTION 20.  Sections 161.0541(a) and (b), Agriculture Code,
  are amended to read as follows:
         (a)  The commission by rule may establish a disease or pest
  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,
  or pests as determined by the commission;
               (2)  be designed to protect the health of the elk
  population in this state; and
               (3)  include provisions for testing, identification,
  transportation, and inspection under the disease or pest
  surveillance program.
         SECTION 21.  Section 161.0542, Agriculture Code, is amended
  to read as follows:
         Sec. 161.0542.  NOTICE OF WILDLIFE DISEASE OUTBREAK OR PEST
  INFESTATION.  (a)  Notwithstanding any law restricting the
  disclosure of information by the commission and subject to
  Subsection (b), if the commission becomes aware of a wildlife
  disease outbreak or pest infestation on a property, the commission
  shall provide notice of the location and nature of the outbreak or
  infestation to:
               (1)  each owner of adjacent property; and
               (2)  the Parks and Wildlife Department.
         (b)  Subsection (a) applies only to a disease or pest that
  the commission has designated as reportable.
         SECTION 22.  Sections 161.055(a) and (b), Agriculture Code,
  are amended to read as follows:
         (a)  The commission may require slaughter plants to collect
  and submit blood samples and other [diagnostic] specimens for
  testing for disease or pests.
         (b)  The commission by rule shall determine the method of
  collecting, submitting, and testing of blood samples and other
  [diagnostic] specimens.
         SECTION 23.  Sections 161.056(a), (c), (d), and (e),
  Agriculture Code, are amended to read as follows:
         (a)  In 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
  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.
         (c)  The commission 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.
         (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 pest or for animal emergency management.
         (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 or
  from pests;
               (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.
         SECTION 24.  Section 161.057(a), Agriculture Code, is
  amended to read as follows:
         (a)  The commission by rule may prescribe criteria for
  classifying areas in the state for disease or pest control.  The
  criteria must be based on sound epidemiological principles.  The
  commission may prescribe different control measures and procedures
  for areas with different classifications.
         SECTION 25.  Sections 161.058(a) and (c), Agriculture Code,
  are amended to read as follows:
         (a)  The 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
  exposed, [or] diseased, or infested livestock, domestic fowl, or
  exotic fowl.  The commission shall provide the owner with
  information regarding available state or federal indemnity funds.
         (c)  The commission may spend 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.
         SECTION 26.  Section 161.0603(b), Agriculture Code, is
  amended to read as follows:
         (b)  This section does not prevent the commission from:
               (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
  diagnose animal diseases or identify pest infestations.
         SECTION 27.  Sections 161.061(a) and (c), Agriculture Code,
  are amended to read as follows:
         (a)  The commission may establish 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)  The commission may establish a quarantine to prohibit or
  regulate the movement of:
               (1)  any 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; 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 28.  Section 161.0615(a), Agriculture Code, is
  amended to read as follows:
         (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 infested with pests and shall
  clearly describe the territory included in a quarantine area.
         SECTION 29.  Section 161.062(b), Agriculture Code, is
  amended to read as follows:
         (b)  The 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 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 that affect [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 30.  Sections 161.063(a), (b), 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 or pest 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 commission to issue certificates or
  permits permitting movement.
         (b)  A quarantine notice must state the cause for which the
  quarantine is established, whether for infection, infestation, or
  [or for] exposure.
         (d)  If the quarantine regulates or prohibits the movement of
  a carrier or potential carrier of a disease or pest, the commission
  may prescribe any exceptions, terms, conditions, or provisions that
  the 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 31.  Section 161.065(a), Agriculture Code, is
  amended to read as follows:
         (a)  Except as provided by Subsection (b) of this section, a
  person, in violation of a quarantine, may not:
               (1)  move livestock, domestic animals, or domestic fowl
  in this state from any quarantined place in or outside this state;
               (2)  move quarantined livestock, domestic animals, or
  domestic fowl from the place in which they are quarantined; or
               (3)  move 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.
         SECTION 32.  The heading to Subchapter F, Chapter 161,
  Agriculture Code, is amended to read as follows:
  SUBCHAPTER F.  VETERINARIAN REPORTS OF DISEASED OR PEST-INFESTED
  ANIMALS
         SECTION 33.  Sections 161.101(a), (b), and (c), Agriculture
  Code, are amended to read as follows:
         (a)  A 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 pests listed in rules
  adopted by the commission among livestock, exotic livestock, bison,
  domestic fowl, or exotic fowl within 24 hours after diagnosis of the
  disease or identification of the pest infestation.  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)  In 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:
               (1)  is recognized by the United States Department of
  Agriculture as:
                     (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
  by the governor.
         (c)  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 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.  The commission shall immediately deliver a
  copy of a rule adopted under this subsection to the appropriate
  legislative oversight committees.
         SECTION 34.  Section 161.112, Agriculture Code, is amended
  to read as follows:
         Sec. 161.112.  RULES.  (a)  Following notice and public
  hearing, the 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 communicable diseases or
  against the spread of pests.
         (b)  Following notice and public hearing, the 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 or against the spread of pests.
         SECTION 35.  Section 161.116, Agriculture Code, is amended
  to read as follows:
         Sec. 161.116.  SALE OR DELIVERY OF DISEASED OR PEST-INFESTED 
  CATTLE.  (a)  In this section, "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 rule of the
  commission.
         (b)  Except as provided by Subsection (c) of this section, a
  person may not sell diseased or pest-infested cattle unless:
               (1)  the cattle are sold through a livestock market
  where visual examination of livestock is made by an agent of the
  commission or by the United States Department of Agriculture; or
               (2)  the cattle are sold by a recognized slaughtering
  establishment maintaining federal, state, or state-approved
  veterinary postmortem inspection.
         (c)  The 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)  A person may not release diseased or pest-infested
  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
  inspection; and
               (2)  accompanied by a certificate or permit issued by a
  representative of the commission or the United States Department of
  Agriculture naming the terminal market or slaughtering
  establishment.
         (e)  This 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.  A
  person is not liable for a violation of this subsection unless the
  agent of the commission shows the person a list of approved
  establishments to which the cattle may be consigned and allows the
  person to select an establishment from that list.
         (f)  A 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.  The cattle must be delivered to the terminal
  market or slaughtering establishment not later than the fifth day
  following the day on which the certificate or permit is issued.
         (g)  A person may not release diseased or pest-infested
  cattle from a terminal market or slaughtering establishment to
  which the cattle have been consigned under a certificate or permit
  issued under Subsection (d) of this section except on authority of
  the commission.
         SECTION 36.  Section 161.135, Agriculture Code, is amended
  to read as follows:
         Sec. 161.135.  IMPROPER DISPOSAL OF DISEASED OR
  PEST-INFESTED CARCASS.  (a)  A person required to dispose of a
  diseased or pest-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.
         (b)  An offense under this section is a Class B misdemeanor
  for each animal carcass improperly disposed of.
         SECTION 37.  Section 161.140(a), Agriculture Code, is
  amended to read as follows:
         (a)  A person commits an offense if the person:
               (1)  refuses 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 a pest; or
               (2)  hinders or obstructs the commission or its agent
  in an examination under Subdivision (1) of this subsection.
         SECTION 38.  Section 161.141(e), Agriculture Code, is
  amended to read as follows:
         (e)  A person commits a separate offense for each county into
  which livestock, domestic animals, domestic fowl, disease or pest
  carriers, or potential disease or pest carriers are moved within
  six months following the original movement in violation of Section
  161.065 of this code.
         SECTION 39.  The heading to Section 161.145, Agriculture
  Code, is amended to read as follows:
         Sec. 161.145.  VETERINARIAN FAILURE TO REPORT DISEASED OR
  PEST-INFESTED ANIMALS.
         SECTION 40.  As 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 41.  This Act takes effect on the 91st day after the
  last day of the legislative session.