HBA-NRS H.B. 2463 77(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 2463
By: Glaze
Public Health
77/16/2001
Enrolled



BACKGROUND AND PURPOSE 

Bovine Tuberculosis (Bovine TB) is a contagious livestock disease that has
been found in El Paso and Hudspeth, Texas. The United States Department of
Agriculture (USDA) is determined to eradicate this disease from the
country. The USDA is in negotiations to buy-out affected dairies and
require that the state ensure that no new dairy operations will be
established in areas infected with Bovine TB. Prior to the 77th
Legislature, the Texas Board of Health could not deny a permit application
for a dairy operation based solely on the existence of Bovine TB in the
area where the dairy operation would have been established. House Bill 2463
prevents a new permit from being issued to a dairy operation located in an
area infected with or at a high risk for Bovine TB. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Texas Animal Health Commission in
SECTION 2 (Section 435.006, Health and Safety Code) of this bill. 

ANALYSIS

House Bill 2463 amends the Health and Safety Code to prohibit the Texas
Board of Health (board)  from issuing a permit to a person for a producer
dairy located in an area infected with or at a high risk for bovine
tuberculosis, as determined epidemiologically and defined by rule of the
Texas Animal Health Commission. The bill provides that a person who offers
milk or milk products for sale or to be sold in this state must hold a
permit issued by the board, rather than just those individuals who desire
to use a Grade "A" label in representing, publishing, or advertising the
milk or milk products. 

EFFECTIVE DATE

June 4, 2001.