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AN ACT
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relating to the continuation and functions of the Texas Veterinary |
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Medical Diagnostic Laboratory. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter I, Chapter 88, Education Code, as |
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added by Chapter 388, Acts of the 76th Legislature, Regular |
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Session, 1999, is redesignated as Subchapter I-1, Chapter 88, |
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Education Code, and amended to read as follows: |
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SUBCHAPTER I-1 [I]. TEXAS VETERINARY MEDICAL DIAGNOSTIC LABORATORY |
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Sec. 88.701. TEXAS VETERINARY MEDICAL DIAGNOSTIC |
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LABORATORY. [(a)] The Texas Veterinary Medical Diagnostic |
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Laboratory is a state agency under the jurisdiction and supervision |
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of the board. |
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[(b) The agency is not a part of The Texas A&M University
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System.] |
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Sec. 88.702. EXECUTIVE DIRECTOR AND EMPLOYEES. (a) The |
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board shall staff the Texas Veterinary Medical Diagnostic |
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Laboratory with an executive director and other employees necessary |
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for the agency to properly function. |
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(b) The executive director and employees are eligible to |
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participate in the retirement systems and personnel benefits |
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available to employees of The Texas A&M University System. |
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[Sec. 88.703. SUNSET PROVISION. The Texas Veterinary
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Medical Diagnostic Laboratory is subject to Chapter 325, Government
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Code (Texas Sunset Act). Unless continued in existence as provided
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by that chapter, the laboratory is abolished and this subchapter
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expires September 1, 2007.] |
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Sec. 88.704. CONFLICT OF INTEREST. (a) In this section, |
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"Texas trade association" means a cooperative and voluntarily |
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joined statewide association of business competitors in this state |
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designed to assist its members and its industry in dealing with |
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mutual business or professional problems and in promoting their |
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common interest. |
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(b) A person may not serve as the executive director of the |
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Texas Veterinary Medical Diagnostic Laboratory and may not be an |
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employee of the laboratory employed in a "bona fide executive, |
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administrative, or professional capacity," as that phrase is used |
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for purposes of establishing an exemption to the overtime |
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provisions of the federal Fair Labor Standards Act of 1938 (29 |
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U.S.C. Section 201 et seq.) if: |
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(1) the person is an officer, employee, or paid |
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consultant of a Texas trade association in the field of veterinary |
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medicine; or |
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(2) the person's spouse is an officer, manager, or paid |
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consultant of a Texas trade association in the field of veterinary |
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medicine. |
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(c) A person may not serve as the executive director or act |
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as the general counsel to the laboratory if the person is required |
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to register as a lobbyist under Chapter 305, Government Code, |
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because of the person's activities for compensation on behalf of a |
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profession related to the operation of the laboratory. |
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Sec. 88.705. USE OF TECHNOLOGY. The executive director |
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shall implement a policy requiring the Texas Veterinary Medical |
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Diagnostic Laboratory to use appropriate technological solutions |
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to improve the laboratory's ability to perform its functions. The |
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policy must ensure that the public is able to interact with the |
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laboratory on the Internet. |
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Sec. 88.706. NEGOTIATED RULEMAKING; ALTERNATIVE DISPUTE |
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RESOLUTION. (a) The executive director of the Texas Veterinary |
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Medical Diagnostic Laboratory shall develop and implement a policy |
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to encourage the use of: |
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(1) negotiated rulemaking procedures under Chapter |
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2008, Government Code, for the adoption of rules by the laboratory; |
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and |
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(2) appropriate alternative dispute resolution |
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procedures under Chapter 2009, Government Code, to assist in the |
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resolution of internal and external disputes under the laboratory's |
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jurisdiction. |
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(b) The laboratory's procedures relating to alternative |
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dispute resolution must conform, to the extent possible, to any |
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model guidelines issued by the State Office of Administrative |
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Hearings for the use of alternative dispute resolution by state |
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agencies. |
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(c) The executive director shall designate a trained person |
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to: |
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(1) coordinate the implementation of the policy |
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adopted under Subsection (a); |
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(2) serve as a resource for any training needed to |
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implement the procedures for negotiated rulemaking or alternative |
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dispute resolution; and |
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(3) collect data concerning the effectiveness of those |
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procedures, as implemented by the laboratory. |
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Sec. 88.707 [88.704]. FEES. (a) The Texas Veterinary |
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Medical Diagnostic Laboratory may charge and collect fees for goods |
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and services the laboratory provides to any person, including a |
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governmental entity. |
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(b) The laboratory may adopt a fee or change the amount of a |
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fee only after the laboratory: |
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(1) at least 30 days before the date the laboratory |
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adopts the fee or changes the amount of the fee, provides notice of |
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the proposed fee: |
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(A) in any newsletter distributed by the |
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laboratory; and |
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(B) on the laboratory's Internet website; |
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(2) provides the public a reasonable opportunity to |
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submit written comments on the proposed fee or fee amount; and |
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(3) considers all public comments received under |
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Subdivision (2). |
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Sec. 88.708. POWERS AND DUTIES. (a) The Texas Veterinary |
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Medical Diagnostic Laboratory shall: |
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(1) provide diagnostic testing to aid in the |
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identification of diseases affecting animals; |
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(2) provide testing to facilitate the international, |
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intrastate, or interstate shipment of animals; |
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(3) identify and monitor disease epidemics in animals; |
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(4) assist livestock owners and veterinarians to |
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identify, diagnose, and treat disease and other animal health |
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matters, including matters that could affect human health; |
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(5) report the identification of a disease or other |
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animal health matter, including a matter that could affect human |
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health, to the appropriate state or federal agency or official as |
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required by law; |
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(6) disseminate to veterinarians, animal owners, and |
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the public news and other information, including information |
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relating to general trends in animal health derived from diagnostic |
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testing, that the laboratory determines appropriate concerning |
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animal disease outbreaks and other animal health matters, including |
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matters that could affect human health; and |
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(7) perform other functions as provided by law or that |
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the laboratory determines necessary or appropriate to provide |
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diagnostics, surveillance, and reporting of diseases affecting |
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animals. |
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(b) The laboratory may provide diagnostic testing services |
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for pets and other domestic animals or out-of-state clients only |
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when and to the extent that laboratory resources are not required |
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for diagnostic testing services for livestock in this state. |
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Sec. 88.709. COMPLAINTS. (a) The Texas Veterinary |
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Medical Diagnostic Laboratory shall maintain a system to promptly |
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and efficiently act on complaints filed with the laboratory. The |
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laboratory shall maintain information about each complaint that |
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includes: |
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(1) the parties to the complaint; |
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(2) the subject matter of the complaint; |
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(3) a summary of the results of the review or |
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investigation of the complaint; and |
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(4) the disposition of the complaint. |
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(b) The laboratory shall make information available |
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describing the laboratory's procedures for complaint investigation |
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and resolution. |
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(c) The laboratory shall periodically notify the parties to |
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a complaint of the status of the complaint until final disposition. |
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Sec. 88.710. PLAN COORDINATOR; NATIONAL POULTRY |
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IMPROVEMENT PLAN. (a) The poultry programs administrator for the |
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Texas Veterinary Medical Diagnostic Laboratory serves as the state |
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plan coordinator for the National Poultry Improvement Plan. |
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(b) The state plan coordinator shall work with the Texas |
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Poultry Improvement Board in the administration of the National |
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Poultry Improvement Plan. |
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SECTION 2. This Act takes effect September 1, 2007. |
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____________________________________________________________ |
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President of the SenateSpeaker of the House |
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I certify that H.B. No. 2024 was passed by the House on April |
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5, 2007, by the following vote: Yeas 136, Nays 0, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2024 was passed by the Senate on May |
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3, 2007, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |