HB1275

Regular Session

Relating to the issuance of permits for bovine producer dairy farms in certain areas of this state.

LowStandard timeline

Low Cost

Effective:2025-06-20

Enforcing Agencies

Department of State Health Services (DSHS) • Texas Animal Health Commission (TAHC)

Compliance Analysis

Key implementation requirements and action items for compliance with this legislation

Implementation Timeline

Effective Date: June 20, 2025
Compliance Deadline: Immediate. Any permit application (new or renewal) currently pending or submitted henceforth is subject to this restriction.
Agency Rulemaking: TAHC holds the authority to define "infected" and "high risk" zones. While the law is effective, the specific geographic boundaries are subject to TAHC rule updates. Businesses must monitor TAHC agendas for changes to disease zone maps.

Immediate Action Plan

Audit Locations: Immediately map all current facilities and pending acquisitions against the current TAHC tuberculosis risk map.
Freeze Applications: Halt any permit applications for sites in or near restricted zones until TAHC boundaries are verified.
Clarify Renewals: Legal counsel should formally request a guidance letter from DSHS regarding their interpretation of "issuance" as it applies to annual renewals for existing license holders.
Update Due Diligence: Revise site selection checklists to create a hard stop for any land within TAHC-designated zones.

Operational Changes Required

Contracts

Real Estate Purchase Agreements: Must include contingency clauses allowing termination if the property is designated as "high risk" by TAHC prior to closing.
Supply Agreements: Processors must amend Master Supply Agreements (MSAs) to include immediate termination rights if a producer’s permit is revoked due to rezoning.
Leases: Tenants operating dairies require specific force majeure or termination clauses addressing the regulatory inability to obtain permits due to disease zoning.

Hiring/Training

Site Selection: Real estate and development teams must be trained to cross-reference all potential sites against current TAHC bovine tuberculosis risk maps before making offers.
Compliance Monitoring: Designate a regulatory affairs officer to subscribe to TAHC rulemaking notifications to track expanding risk zones.

Reporting & Record-Keeping

Zoning Verification: Maintain a "Zone Clearance" file for every permitted facility, documenting that the site was outside TAHC restricted zones at the time of permit issuance.
Epidemiological Records: Facilities adjacent to high-risk zones must maintain rigorous testing records to prove epidemiological separation, should boundaries be challenged.

Fees & Costs

Asset Valuation: Immediate potential devaluation of land located within TAHC-designated zones, as it can no longer be permitted for bovine dairy use.
Insurance: Review Business Interruption policies; standard policies likely exclude revenue loss caused by this type of government regulatory action.

Strategic Ambiguities & Considerations

"Issue" vs. "Renew": The statute prohibits DSHS from *issuing* a permit. It does not explicitly exempt *renewals*. There is a high risk DSHS will interpret this to ban the renewal of permits for existing farms that fall into newly designated zones.
Definition of "High Risk": The statute leaves the definition of "high risk" to TAHC discretion. It is unclear if TAHC will designate entire counties or specific GPS radii.
Appeals Process: The legislation lacks a statutory appeals mechanism for producers to contest a "high risk" designation applied to their specific property.

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Legislative Timeline

This bill's path through the Texas Legislature

TopicsAgriculture Animals Health Health--other Diseases & Medical Conditions Milk Permits Tuberculosis State Health Services, Department of

Official Analysis

View HRO Analysis View All Bill Documents

BILL ANALYSIS

C.S.H.B. 1275

By: González, Mary

Public Health

Committee Report (Substituted)

BACKGROUND AND PURPOSE

In 2001, because of several confirmed bovine tuberculosis cases in El Paso and Hudspeth Counties, the Texas Animal Health Commission established a movement restriction zone in those counties, effectively prohibiting dairies from operating in the zone, and the 77th Texas Legislature enacted a law prohibiting the issuance of a permit to sell milk for a producer dairy located in an area infected with or at a high risk for bovine tuberculosis. The U.S. Department of Agriculture bought out a number of dairy farms in the El Paso area, which were depopulated. The bill author has informed the committee that this resulted in a huge loss to El Paso County. According to an article from the West Texas County Courier about the buyout, at its height the El Paso dairy industry produced $40 million in annual revenue and created at least 200 jobs. However, the bill author has also informed the committee that there have been no confirmed cases of bovine tuberculosis in neighboring counties in the same region. C.S.H.B. 1275 seeks to allow dairy farming to continue in those counties by making the permit prohibition established by the 77th Texas Legislature applicable only to bovine producer dairy farm permits.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

C.S.H.B. 1275 amends the Healthy and Safety Code to make the prohibition against the Department of State Health Services (DSHS) issuing a permit to sell milk for a producer dairy located in an area infected with or at a high risk for bovine tuberculosis applicable only with respect to a producer dairy farm permit issued for a bovine producer dairy farm.

EFFECTIVE DATE

On passage, or, if the bill does not receive the necessary vote, September 1, 2025.

COMPARISON OF INTRODUCED AND SUBSTITUTE

While C.S.H.B. 1275 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill.

The introduced repealed the prohibition against DSHS issuing a permit to sell milk for a producer dairy located in an area infected with or at a high risk for bovine tuberculosis. The substitute does not repeal that prohibition but makes the prohibition applicable only with respect to a producer dairy farm permit issued for a bovine producer dairy farm.

House Authors

Rep. Mary GonzalezDemocrat · Primary Author

Senate Sponsor

Sen. Cesar BlancoDemocrat · Primary Sponsor

Bill Text(with markup)

H.B. No. 1275

View bill text in multiple formats on Texas Legislature website

Fiscal NoteView Original

	AN ACT
	relating to the issuance of permits for bovine producer dairy farms
	in certain areas of this state.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Section 435.006(d), Health and Safety Code, is
	amended to read as follows:
	(d) The department may not issue a producer dairy farm
	permit to a person for a bovine producer dairy farm 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.
	SECTION 2. 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, 2025.

LEGISLATIVE BUDGET BOARD
Austin, Texas

FISCAL NOTE, 89TH LEGISLATIVE REGULAR SESSION


March 21, 2025

TO:	Honorable Gary VanDeaver, Chair, House Committee on Public Health

FROM:	Jerry McGinty, Director, Legislative Budget Board

IN RE:	HB1275 by González, Mary (Relating to the issuance of permits for producer dairies in certain areas of this state.), As Introduced

No significant fiscal implication to the State is anticipated.

It is assumed that any costs associated with the bill could be absorbed using existing resources.

Local Government Impact

No significant fiscal implication to units of local government is anticipated.

Source Agencies:

537 State Health Services, Department of

LBB Staff:

JMc, NPe, ER, APA

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Frequently Asked Questions

Common questions about HB1275

What does Texas HB1275 do?

HB1275 immediately prohibits the Department of State Health Services (DSHS) from issuing permits to bovine dairy farms located in areas designated by the Texas Animal Health Commission (TAHC) as infected with or at high risk for tuberculosis. This legislation effectively creates geographic "no-go" zones for dairy operations, impacting site selection for new projects and creating significant regulatory risk for existing facilities within these boundaries. Implementation Timeline Effective Date: June 20, 2025 Compliance Deadline: Immediate.

Who authored HB1275?

HB1275 was authored by Texas Representative Mary Gonzalez during the Regular Session.

When was HB1275 signed into law?

HB1275 was signed into law by Governor Greg Abbott on June 20, 2025.

Which agencies enforce HB1275?

HB1275 is enforced by Department of State Health Services (DSHS) and Texas Animal Health Commission (TAHC).

How urgent is compliance with HB1275?

The compliance urgency for HB1275 is rated as "low". Businesses and organizations should review the requirements and timeline to ensure timely compliance.

What is the cost impact of HB1275?

The cost impact of HB1275 is estimated as "low". This may vary based on industry and implementation requirements.

What topics does HB1275 address?

HB1275 addresses topics including agriculture, animals, health, health--other diseases & medical conditions and milk.

Legislative data provided by LegiScanLast updated: November 25, 2025

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