HBA-JRA H.B. 3446 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 3446
By: Swinford
Agriculture & Livestock
7/26/1999
Enrolled



BACKGROUND AND PURPOSE 

Prior to the 76th Legislature, the provisions of the Veterinary Licensing
Act did not apply to corporations that practice veterinary medicine without
a license because the term "person" was not interpreted to include
corporations in this Act.  Section 22 was added to the Veterinary Licensing
Act in 1993 to prohibit the practice of veterinary medicine by a private
for-profit corporation not owned exclusively by licensed veterinarians.  In
February 1998, the Texas Board of Veterinary Medical Examiners sought
clarification of its authority regarding corporations.  H.B. 3446
specifically prohibits corporations not owned exclusively by one or more
licensed veterinarians from practicing or offering or attempting to
practice veterinary medicine. 

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 Sections 4 and 13B, Article 8890, V.T.C.S. (The
Veterinary Licensing Act), as follows: 

Sec. 4.  Prohibits a corporation, organization, business trust, estate,
trust, partnership, association, or other legal entity not owned
exclusively by one or more veterinarians licensed by the Texas Board of
Veterinary Medical Examiners from practicing or offering or attempting to
practice veterinary medicine in this state.  Authorizes a person or other
legal entity not licensed by the Texas Board of Veterinary Medical
Examiners to own the premises on which a veterinary practice is located.
Makes conforming changes. 

Sec. 13B.  Makes a conforming change.

SECTION 2.  Amends Section 14(d), Article 8890, V.T.C.S. (The Veterinary
Licensing Act), to make a conforming change. 

SECTION 3.  Amends Section 14B(a), Article 8890, V.T.C.S. (The Veterinary
Licensing Act), to make a conforming change. 

SECTION 4.  Amends Section 17, Article 8890, V.T.C.S. (The Veterinary
Licensing Act), to provide that the venue for an injunction proceeding is
in the county of the defendant's principal office in this state if the
defendant is not a natural person.  Makes conforming changes. 

SECTION 5.  Provides that it is the intent of the legislature to clarify
and reiterate the law in effect before the enactment of this Act. 

SECTION 6.Emergency clause.
  Effective date: upon passage.