HBA-JRA H.B. 3446 76(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 3446 By: Swinford Agriculture & Livestock 4/13/1999 Committee Report (Amended) 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. EXPLANATION OF AMENDMENTS Committee Amendment #1 SECTION 1. Amends Section 4, Article 8890, V.T.C.S., to add a new Subsection (b), to authorize 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. Redesignates Subsection (b), as amended, to Subsection (c).