HBA-JRA C.S.H.B. 1732 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 1732
By: Crownover
Agriculture & Livestock
3/16/1999
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Currently, the Texas Animal Health Commission (TAHC) requires all horses
changing ownership in Texas to test negative for equine infectious anemia
within the previous twelve months, except for horses sold at auction.
C.S.H.B. 1732 requires all equine animals changing ownership in Texas to
have a negative test for equine infectious anemia within the previous
twelve months regardless of where or to whom they are sold. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter H, Chapter 161, Agriculture Code, by adding
Section 161.149, as follows: 

Sec. 161.149.  TEST FOR EQUINE INFECTIOUS ANEMIA.  Provides that an "equine
animal" includes horses, mules, asses, ponies, and other members of the
horse family, but not zebras.  Provides that a person commits a Class C
misdemeanor if the person transfers ownership of an equine animal eight
months of age or older that has not tested negative for equine infectious
anemia during the twelve months preceding the date of the transfer, unless
it is shown on the trial of the offense that the defendant has been
previously convicted under this section, in which event it is a Class B
misdemeanor.  Provides an exception for an equine animal that is a foal
being nursed by a dam that has tested negative during the twelve months
preceding the date of the transfer and is being transferred with the foal
and for an equine animal that is being transferred directly to a slaughter
establishment where it will be tested for equine infectious anemia. 

SECTION 2.  Effective date: September 1, 1999.

SECTION 3.  Makes application of this Act prospective.

SECTION 4.  Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute modifies the original, in SECTION 1, by defining "equine
animal" and providing that it is an offense to transfer an  equine animal
eight months or older, rather than a horse six months or older, that has
not tested negative for equine infectious anemia.  Makes conforming and
nonsubstantive changes.