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


Office of House Bill AnalysisH.B. 3446
By: Swinford
Agriculture & Livestock
4/7/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, the provisions of the Veterinary Licensing Act do not apply to
corporations that practice veterinary medicine without a license because
the term "person" is 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.  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.