Certain animal-health reporters must report listed diseases to the commission within 24 hours after diagnosis, and the commission has rulemaking and hearing requirements.
Sec. 161.101. DUTY TO REPORT. (a) A veterinarian, a veterinary diagnostic laboratory, or a person having care, custody, or control of an animal shall report to the commission the existence of diseases listed in rules adopted by the commission among livestock, exotic livestock, bison, domestic fowl, or exotic fowl within 24 hours after diagnosis of the disease. The commission shall adopt and periodically update rules listing the diseases that the commission determines require reporting under this section. Section 2001.0045, Government Code, does not apply to rules adopted under this subsection. (b) In addition to reporting required by Subsection (a), the commission may adopt rules that require a veterinarian, a veterinary diagnostic laboratory, or a person having care, custody, or control of an animal to report the existence of a disease other than bluetongue in an animal to the commission within 24 hours after diagnosis if the disease: (1) is recognized by the United States Department of Agriculture as: (A) a foreign animal disease; or (B) a reportable animal disease; (2) is the subject of a cooperative eradication program with the United States Department of Agriculture; (3) is an animal disease reportable to the World Organisation for Animal Health; or (4) is the subject of a state of emergency, as declared by the governor. (c) The commission may adopt rules that require a veterinarian, a veterinary diagnostic laboratory, or a person having care, custody, or control of an animal to report a disease not covered by Subsection (a) or (b) if the commission determines that action to be necessary for the protection of animal health in this state. The commission shall immediately deliver a copy of a rule adopted under this subsection to the appropriate legislative oversight committees. (d) The commission may not adopt, amend, or repeal a rule under this section unless the commission holds a public hearing on the proposed action following public notice of the hearing. Acts 1981, 67th Leg., p. 1401, ch. 388, Sec. 1, eff. Sept. 1, 1981. Amended by Acts 1983, 68th Leg., 1st C.S., p. 27, ch. 3, Sec. 23, eff. June 27, 1983; Acts 1995, 74th Leg., ch. 554, Sec. 21, eff. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 764, Sec. 2, eff. Jan. 1, 2000; Acts 2001, 77th Leg., ch. 510, Sec. 1, eff. June 11, 2001; Acts 2003, 78th Leg., ch. 1312, Sec. 9, eff. June 21, 2003. Amended by: Acts 2009, 81st Leg., R.S., Ch. 198 (H.B. 4006), Sec. 1, eff. September 1, 2009. Acts 2021, 87th Leg., R.S., Ch. 849 (S.B. 705), Sec. 13, eff. September 1, 2021.