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Relating to the failure to handle certain animals in accordance with rules to the failure to handle certain animals in accordance with rules of the Texas Animal Health Commission.
SB 970, if passed, would modify the Agriculture Code
(Section 161.041) to enlarge the circumstances under which one can be
considered to have committed a criminal offense. Currently, one can be charged with a criminal violation if one knowingly fails to handle diseased livestock or fowl
in accordance with rules adopted by the Texas Animal Health Commission. (The
specific diseases in question are listed in the code.)
SB 970 would also make it an offense to handle livestock or
fowl if, the Commission has notified the individual that a given animal was
exposed to a set disease, or if given livestock or fowl is moved when movement
has been restricted by the Commission.
Although SB 970 expands the number of activities which may
be considered an offense, this expansion is balanced by the fact that the
offense has to be committed knowingly; it must be shown that the individual in
question was notified by the commission, and, that the control of diseased
livestock is a legitimate public health and safety concern which may be
executed by the state. Despite, being reasonable public policy, SB 970 does not
positively affect our principles and as such we are neutral on SB 970.