85R8672 BEF-F     By: Lucio S.B. No. 1675       A BILL TO BE ENTITLED   AN ACT   relating to the licensing and regulation of animal export-import   processing facilities; providing penalties; requiring an   occupational license; authorizing fees.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 12.020(c), Agriculture Code, is amended   to read as follows:          (c)  The provisions of law subject to this section and the   applicable penalty amounts are as follows:     Provision Amount of Penalty       Chapters 13, 14A, 17, 18, 19, 41, 46, 61, 72, 73, 74, 76, 94, 95, 101, 102, 103, 125, 132,       Chapters 13, 14A, 17, 18, 19, 41, 46, 61, 72, 73, 74, 76, 94, 95, 101, 102, 103, 125, 132,       Chapters 13, 14A, 17, 18, 19, 41, 46, 61, 72, 73, 74, 76, 94, 95, 101, 102, 103, 125, 132,       and 134 not more than $5,000         Subchapters A, B, and C, Chapter 71 not more than $5,000   Chapter 14 not more than $10,000   Subchapter C, Chapter 146 not more than $5,000   Chapter 1951, Occupations Code not more than $5,000   Chapter 153, Natural Resources       Code not more than $5,000.          SECTION 2.  Chapter 146, Agriculture Code, is amended by   adding Subchapter C to read as follows:   SUBCHAPTER C.  LICENSING AND INSPECTION OF EXPORT-IMPORT PROCESSING   FACILITIES          Sec. 146.041.  DEFINITION. In this subchapter, "facility"   means an export-import processing facility:                (1)  located in this state;                (2)  authorized under 9 C.F.R. Section 91.14; and                (3)  that has the capacity to receive and hold animals   and animal products for transportation in international trade.          Sec. 146.042.  POWERS AND DUTIES OF DEPARTMENT. (a)  The   department has exclusive authority to license facilities in this   state.          (b)  The department shall adopt rules to implement,   administer, and enforce this subchapter, including:                (1)  requirements to obtain and renew a license;                (2)  standards governing a license holder's operation   of a facility necessary to protect the public's health, safety, and   welfare and the safety of animals held by a facility;                (3)  fees for the issuance and renewal of a license in   amounts necessary to recover the department's direct and indirect   costs of administering this subchapter; and                (4)  a schedule of sanctions for violations of this   subchapter and rules adopted under this subchapter.          (c)  A governmental entity is exempt from the license and   renewal fees under Subsection (b)(3).          Sec. 146.043.  LICENSE REQUIRED. A person may not operate a   facility unless the person holds a license issued under this   subchapter.          Sec. 146.044.  ENFORCEMENT. (a)  The department may impose   an administrative penalty or other administrative sanction for a   violation of this subchapter or a rule adopted under this   subchapter, including a penalty or sanction under Section 12.020 or   12.0201.          (b)  The department may suspend or revoke a license for a   violation of this subchapter or a rule adopted under this   subchapter.          SECTION 3.  Section 12.020(c), Agriculture Code, as amended   by this Act, and Sections 146.043 and 146.044, Agriculture Code, as   added by this Act, do not apply before the 90th day after rules   under Section 146.042(b)(1), Agriculture Code, as added by this   Act, become effective.          SECTION 4.  This Act takes effect immediately if it receives   a vote of two-thirds of all the members elected to each house, as   provided by Section 39, Article III, Texas Constitution.  If this   Act does not receive the vote necessary for immediate effect, this   Act takes effect September 1, 2017.