CHAPTER 161. GENERAL DISEASE AND PEST CONTROL - Texas Statutes

AGRICULTURE CODE

TITLE 6. PRODUCTION, PROCESSING, AND SALE OF ANIMAL PRODUCTS

SUBTITLE C. CONTROL OF ANIMAL DISEASES AND PESTS

CHAPTER 161. GENERAL DISEASE AND PEST CONTROL

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 161.001. DEFINITIONS. (a) In this chapter:

(1) "Animal" includes livestock, exotic livestock, domestic

fowl, and exotic fowl.

(2) "Commission" means the Texas Animal Health Commission.

(3) Repealed by Acts 2003, 78th Leg., ch. 604, Sec. 5.

(4) "Exotic livestock" means grass-eating or plant-eating,

single-hooved or cloven-hooved mammals that are not indigenous to

this state and are known as ungulates, including animals from the

swine, horse, tapir, rhinoceros, elephant, deer, and antelope

families.

(5) "Exotic fowl" means any avian species that is not indigenous

to this state. The term includes ratites.

(b) References in Subchapter A, C, D, E, or H of this chapter to

"livestock," "domestic animals," "domestic fowl," or other

specifically named animals shall be construed to include all or

part of the carcasses of those animals.

Acts 1981, 67th Leg., p. 1393, ch. 388, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 1987, 70th Leg., ch. 637, Sec. 6, eff. Aug.

31, 1987; Acts 1989, 71st Leg., ch. 836, Sec. 2, eff. Sept. 1,

1989; Acts 1989, 71st Leg., 1st C.S., ch. 35, Sec. 1, eff. Sept.

1, 1989; Acts 1993, 73rd Leg., ch. 203, Sec. 3, eff. Sept. 1,

1993; Acts 1995, 74th Leg., ch. 554, Sec. 2, eff. Sept. 1, 1995;

Acts 2003, 78th Leg., ch. 604, Sec. 5, eff. Sept. 1, 2003.

Sec. 161.002. CARETAKER OF ANIMAL. (a) A person is subject to

this chapter as the caretaker of an animal and is presumed to

control the animal if the person:

(1) is the owner or lessee of the pen, pasture, or other place

in which the animal is located and has control of that place; or

(2) exercises care or control over the animal.

(b) This section does not limit the care and control of an

animal to any person.

Acts 1981, 67th Leg., p. 1393, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 161.003. DUTY OF COUNTY COMMISSIONERS COURT. (a) The

commissioners court of each county shall cooperate with and

assist the commission in protecting livestock, domestic animals,

and domestic fowl from communicable diseases, regardless of

whether a particular disease exists in the county.

(b) Each commissioners court may employ a veterinarian at the

expense of the county. Any veterinarian employed is subject to

approval by the commission.

Acts 1981, 67th Leg., p. 1393, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 161.004. DISPOSAL OF DISEASED LIVESTOCK CARCASS. (a) A

person who is the owner or caretaker of livestock, exotic

livestock, domestic fowl, or exotic fowl that die from a disease

listed in Section 161.041, or who owns or controls the land on

which the livestock, exotic livestock, domestic fowl, or exotic

fowl die or on which the carcasses are found, shall dispose of

the carcasses in the manner required by the commission under this

section.

(b) The Texas Commission on Environmental Quality may not adopt

a rule related to the disposal of livestock under this section

unless the rule is developed in cooperation with and is approved

by the Texas Animal Health Commission.

(c) The commission shall:

(1) determine the most effective methods of disposing of

diseased carcasses, including methods other than burning or

burial; and

(2) by rule prescribe the method or methods that a person may

use to dispose of a carcass as required by Subsection (a).

(d) The commission by rule may delegate its authority under

this section to the executive director.

Acts 1981, 67th Leg., p. 1394, ch. 388, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 2003, 78th Leg., ch. 1333, Sec. 1, eff.

Sept. 1, 2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1242, Sec. 1, eff. January 1, 2008.

Sec. 161.005. COMMISSION WRITTEN INSTRUMENTS. (a) The

commission may authorize the executive director or another

employee to sign written instruments on behalf of the commission.

A written instrument, including a quarantine or written notice,

signed under that authority has the same force and effect as if

signed by the entire commission.

(b) Any written instrument issued by the commission is

admissible as evidence in court if certified by the presiding

officer or the executive director.

Acts 1981, 67th Leg., p. 1394, ch. 388, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 1983, 68th Leg., 1st C.S., p. 24, ch. 3,

Sec. 17, eff. June 27, 1983; Acts 1995, 74th Leg., ch. 554, Sec.

3, eff. Sept. 1, 1995.

Sec. 161.006. DOCUMENTS TO ACCOMPANY SHIPMENT. (a) If this

chapter requires that a certificate or permit accompany animals

or commodities moved in this state, the document must be:

(1) in the possession of the conductor of a train and attached

to the waybill of the shipment, if the movement is by rail; or

(2) in the possession of the person in charge of the animals or

commodities, if the movement is made by any other means.

(b) This section does not apply to a certificate provided for by

Section 161.088 of this code.

Acts 1981, 67th Leg., p. 1394, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 161.007. EXPOSURE OR INFECTION CONSIDERED CONTINUING. If a

veterinarian employed by the commission determines that a

communicable disease exists among livestock, domestic animals, or

domestic fowl or on certain premises or that livestock, domestic

animals, or domestic fowl have been exposed to the agency of

transmission of a communicable disease, the exposure or infection

is considered to continue until the commission determines that

the exposure or infection has been eradicated through methods

prescribed by rule of the commission.

Acts 1981, 67th Leg., p. 1394, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 161.008. STATE FUNDS REFORM ACT APPLICABLE. All money paid

to the commission under this chapter is subject to Subchapter F,

Chapter 404, Government Code.

Added by Acts 1995, 74th Leg., ch. 554, Sec. 4, eff. Sept. 1,

1995.

SUBCHAPTER B. TEXAS ANIMAL HEALTH COMMISSION

Sec. 161.021. COMPOSITION. (a) The commission is composed of

13 commissioners appointed by the governor with the advice and

consent of the senate, with the appropriate number from each of

the following categories:

(1) a practitioner of veterinary medicine;

(2) a dairyman;

(3) a cattle raiser;

(4) a hog raiser;

(5) a sheep or goat raiser;

(6) a poultry raiser;

(7) an individual involved in the equine industry;

(8) an individual involved in the feedlot industry;

(9) an individual involved in the livestock marketing industry;

(10) three members of the general public; and

(11) an individual involved in the exotic livestock or exotic

fowl industry.

(b) In making appointments to the commission, the governor, to

the extent practicable, shall give proportionate representation

to the northern, eastern, southern, and western portions of the

state.

(c) Appointments to the commission shall be made without regard

to the race, color, disability, sex, religion, age, or national

origin of the appointees.

(d) A person is not eligible for appointment as a public member

of the commission if the person or the person's spouse:

(1) is registered, certified, or licensed by the commission;

(2) is employed by or participates in the management of a

business entity or other organization regulated by the commission

or receiving money from the commission;

(3) owns or controls, directly or indirectly, more than a 10

percent interest in a business entity or other organization

regulated by or receiving money from the commission; or

(4) uses or receives a substantial amount of tangible goods,

services, or money from the commission, other than compensation

or reimbursement authorized by law for commission membership,

attendance, or expenses.

Acts 1981, 67th Leg., p. 1394, ch. 388, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 1983, 68th Leg., 1st C.S., p. 14, ch. 3,

Sec. 1, eff. June 27, 1983; Acts 1989, 71st Leg., ch. 836, Sec.

3, eff. Sept. 1, 1989; Acts 1993, 73rd Leg., ch. 699, Sec. 1,

eff. Aug. 30, 1993; Acts 1995, 74th Leg., ch. 554, Sec. 5, eff.

Sept. 1, 1995; Acts 2003, 78th Leg., ch. 1170, Sec. 2.01, eff.

Sept. 1, 2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1242, Sec. 2, eff. September 1, 2007.

Sec. 161.022. TERM. Commissioners serve for staggered terms of

six years, with the terms of four or five members expiring every

other year.

Acts 1981, 67th Leg., p. 1395, ch. 388, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 1993, 73rd Leg., ch. 699, Sec. 2, eff. Aug.

30, 1993; Acts 2003, 78th Leg., ch. 1170, Sec. 2.02, eff. Sept.

1, 2003.

Sec. 161.023. MANDATORY TRAINING PROGRAM FOR COMMISSIONERS. (a)

Before a member of the commission may assume the member's duties

and before the member may be confirmed by the senate, the member

must complete at least one course of the training program

established under this section.

(b) A training program established under this section shall

provide information to the member regarding:

(1) the enabling legislation that created the commission;

(2) the programs operated by the commission;

(3) the role and functions of the commission;

(4) the rules of the commission with an emphasis on the rules

that relate to disciplinary and investigatory authority;

(5) the current budget for the commission;

(6) the results of the most recent formal audit of the

commission;

(7) the requirements of the:

(A) open meetings law, Chapter 551, Government Code;

(B) open records law, Chapter 552, Government Code; and

(C) administrative procedure law, Chapter 2001, Government Code;

(8) the requirements of the conflict of interest laws and other

laws relating to public officials; and

(9) any applicable ethics policies adopted by the commission or

the Texas Ethics Commission.

(c) A person appointed to the commission is entitled to

reimbursement, as provided by the General Appropriations Act, for

the travel expenses incurred in attending the training program,

regardless of whether attendance at the program occurs before or

after the person qualifies for the office.

Added by Acts 1995, 74th Leg., ch. 554, Sec. 6, eff. Sept. 1,

1995.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1242, Sec. 3, eff. September 1, 2007.

Sec. 161.024. PRESIDING OFFICER. The governor shall designate a

member of the commission as the presiding officer of the

commission to serve in that capacity at the pleasure of the

governor.

Acts 1981, 67th Leg., p. 1395, ch. 388, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 1995, 74th Leg., ch. 554, Sec. 7, eff.

Sept. 1, 1995.

Sec. 161.025. VACANCIES. The governor shall fill vacancies by

appointment for the unexpired term.

Acts 1981, 67th Leg., p. 1395, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 161.026. EXPENSES AND PER DIEM. Each commissioner is

entitled to reasonable travel expenses incurred in performing

official duties and to the per diem set in the General

Appropriations Act for members of state boards and commissions.

Acts 1981, 67th Leg., p. 1395, ch. 388, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 1989, 71st Leg., ch. 836, Sec. 4, eff.

Sept. 1, 1989; Acts 1993, 73rd Leg., ch. 548, Sec. 1, eff. Sept.

1, 1993.

Sec. 161.027. SUNSET PROVISION. The Texas Animal Health

Commission is subject to Chapter 325, Government Code (Texas

Sunset Act). Unless continued in existence as provided by that

chapter, the commission is abolished September 1, 2019.

Acts 1981, 67th Leg., p. 1395, ch. 388, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 1985, 69th Leg., ch. 479, Sec. 188, eff.

Sept. 1, 1985; Acts 1985, 69th Leg., ch. 729, Sec. 9, eff. Sept.

1, 1985; Acts 1989, 71st Leg., ch. 836, Sec. 5, eff. Sept. 1,

1989; Acts 1991, 72nd Leg., 1st C.S., ch. 17, Sec. 2.02, eff.

Nov. 12, 1991; Acts 1995, 74th Leg., ch. 554, Sec. 8, eff. Sept.

1, 1995.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1242, Sec. 4, eff. September 1, 2007.

Sec. 161.028. RESTRICTIONS ON COMMISSION APPOINTMENT,

MEMBERSHIP, AND EMPLOYMENT. (a) In this section, "Texas trade

association" means a cooperative and voluntarily joined statewide

association of business or professional competitors in this state

designed to assist its members and its industry or profession in

dealing with mutual business or professional problems and in

promoting their common interest. The term does not include an

association formed to benefit or promote a particular breed of

livestock, exotic livestock, domestic fowl, or exotic fowl.

(b) A person may not be a member of the commission and may not

be a commission employee in a "bona fide executive,

administrative, or professional capacity," as that phrase is used

for purposes of establishing an exemption to the overtime

provisions of the federal Fair Labor Standards Act of 1938 (29

U.S.C. Section 201 et seq.), if:

(1) the person is an officer, employee, or paid consultant of a

Texas trade association in the field of livestock production,

exotic livestock production, domestic fowl production, or exotic

fowl production; or

(2) the person's spouse is an officer, manager, or paid

consultant of a Texas trade association in the field of livestock

production, exotic livestock production, domestic fowl

production, or exotic fowl production.

(c) A person may not serve as a member of the commission or act

as the general counsel to the commission or the agency if the

person is required to register as a lobbyist under Chapter 305,

Government Code, because of the person's activities for

compensation on behalf of a profession related to the operation

of the commission.

Added by Acts 1989, 71st Leg., ch. 836, Sec. 6, eff. Sept. 1,

1989.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1242, Sec. 6, eff. September 1, 2007.

Sec. 161.029. REMOVAL OF COMMISSION MEMBERS. (a) It is a

ground for removal from the commission if a member:

(1) does not have at the time of appointment the qualifications

required by Section 161.021;

(2) does not maintain during service on the commission the

qualifications required by Section 161.021;

(3) is ineligible for membership under Section 161.028;

(4) cannot discharge the member's duties for a substantial part

of the term for which the member is appointed because of illness

or disability; or

(5) is absent from more than half of the regularly scheduled

commission meetings that the member is eligible to attend during

a calendar year unless that absence is excused by a majority vote

of the commission.

(b) The validity of an action of the commission is not affected

by the fact that it is taken when a ground for removal of a

commission member exists.

(c) If the executive director has knowledge that a potential

ground for removal exists, the executive director shall notify

the presiding officer of the commission of the potential ground.

The presiding officer shall then notify the governor and the

attorney general that a potential ground for removal exists. If

the potential ground for removal involves the presiding officer,

the executive director shall notify the next highest officer of

the commission, who shall notify the governor and the attorney

general that a potential ground for removal exists.

Added by Acts 1989, 71st Leg., ch. 386, Sec. 7, eff. Sept. 1,

1989. Amended by Acts 1995, 74th Leg., ch. 554, Sec. 9, eff.

Sept. 1, 1995.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1242, Sec. 7, eff. September 1, 2007.

Sec. 161.030. SEPARATION OF AUTHORITY. The commission shall

develop and implement policies that clearly separate the

policy-making responsibilities of the commission and the

management responsibilities of the executive director and the

staff of the commission.

Added by Acts 1989, 71st Leg., ch. 836, Sec. 8, eff. Sept. 1,

1989. Amended by Acts 1995, 74th Leg., ch. 554, Sec. 10, eff.

Sept. 1, 1995.

Sec. 161.0305. EXECUTIVE DIRECTOR; QUALIFICATIONS. The

executive director must hold a degree in veterinary medicine.

Added by Acts 1999, 76th Leg., ch. 665, Sec. 1, eff. Sept. 1,

1999.

Sec. 161.031. PERSONNEL. (a) The executive director or the

executive director's designee shall develop an intraagency career

ladder program that addresses opportunities for mobility and

advancement for employees within the commission. The program

shall require intraagency posting of all positions concurrently

with any public posting.

(b) The executive director or the executive director's designee

shall develop a system of annual performance evaluations that are

based on documented employee performance. All merit pay for

commission employees must be based on the system established

under this subsection.

(c) The commission shall provide to its members and employees,

as often as necessary, information regarding their qualifications

for office or employment under this chapter and their

responsibilities under applicable laws relating to standards of

conduct for state officers or employees.

(d) The executive director or the executive director's designee

shall prepare and maintain a written policy statement to assure

implementation of a program of equal employment opportunity under

which all personnel transactions are made without regard to race,

color, disability, sex, religion, age, or national origin. The

policy statement must include:

(1) personnel policies, including policies relating to

recruitment, evaluation, selection, appointment, training, and

promotion of personnel that are in compliance with the

requirements of Chapter 21, Labor Code;

(2) a comprehensive analysis of the commission work force that

meets federal and state guidelines;

(3) procedures by which a determination can be made about the

extent of underuse in the commission work force of all persons

for whom federal or state guidelines encourage a more equitable

balance; and

(4) reasonable methods to appropriately address those areas of

underuse.

(e) A policy statement prepared under Subsection (d) of this

section must cover an annual period, be updated annually and

reviewed by the Texas Commission on Human Rights for compliance

with Subsection (d)(1) of this section, and be filed with the

governor's office.

(f) The governor's office shall deliver a biennial report to the

legislature based on the information received under Subsection

(e) of this section. The report may be made separately or as a

part of other biennial reports made to the legislature.

Added by Acts 1989, 71st Leg., ch. 836, Sec. 9, eff. Sept. 1,

1989. Amended by Acts 1995, 74th Leg., ch. 554, Sec. 11, eff.

Sept. 1, 1995.

Sec. 161.0311. ACCEPTANCE OF GIFTS AND GRANTS. (a) The

commission may solicit and accept gifts, grants, and donations

for the purposes of this chapter.

(b) The commission shall report to the legislature by December

31 of each year the source and amount of each gift, grant, and

donation received under this section.

Added by Acts 2001, 77th Leg., ch. 410, Sec. 1, eff. May 28,

2001.

Sec. 161.032. ANNUAL REPORT. The commission shall prepare

annually a complete and detailed written report accounting for

all funds received and disbursed by the commission during the

preceding fiscal year. The annual report must meet the reporting

requirements applicable to financial reporting provided in the

General Appropriations Act.

Added by Acts 1989, 71st Leg., ch. 836, Sec. 10, eff. Sept. 1,

1989. Amended by Acts 1995, 74th Leg., ch. 554, Sec. 12, eff.

Sept. 1, 1995.

Sec. 161.033. PUBLIC INTEREST INFORMATION AND COMPLAINTS. (a)

The commission shall maintain a system to promptly and

efficiently act on complaints filed with the commission. The

commission shall maintain information about parties to the

complaint, the subject matter of the complaint, a summary of the

results of the review or investigation of the complaint, and its

disposition.

(b) The commission shall make information available describing

its procedures for complaint investigation and resolution.

(c) The commission shall periodically notify the parties to a

complaint of the status of the complaint until its final

disposition.

Added by Acts 1989, 71st Leg., ch. 836, Sec. 11, eff. Sept. 1,

1989. Amended by Acts 1995, 74th Leg., ch. 554, Sec. 13, eff.

Sept. 1, 1995.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1242, Sec. 8, eff. September 1, 2007.

Sec. 161.0335. TECHNOLOGY POLICY. The commission shall

implement a policy requiring the commission to use appropriate

technological solutions to improve the commission's ability to

perform its functions. The policy must ensure that the public is

able to interact with the commission on the Internet.

Added by Acts 2007, 80th Leg., R.S., Ch.

1242, Sec. 10, eff. September 1, 2007.

Sec. 161.0336. INFORMATION RELATING TO COMPLAINT PROCEDURES.

The commission shall:

(1) post information about its complaint procedures on the home

page of the Internet website maintained by the commission;

(2) post specific information on how to file a complaint, what

types of information to provide with the complaint, and a

description of the complaint process; and

(3) explain on that website what types of complaints the

commission has authority to resolve, distinguishing those from

complaints that the commission does not have authority to

resolve.

Added by Acts 2007, 80th Leg., R.S., Ch.

1242, Sec. 10, eff. September 1, 2007.

Sec. 161.034. PUBLIC MEETINGS. (a) The commission is subject

to the open meetings law, Chapter 551, Government Code.

(b) The commission shall develop and implement policies that

provide the public with a reasonable opportunity to appear before

the commission and to speak on any issue under the jurisdiction

of the commission.

(c) Each meeting of the commission must be held in a location

that provides adequate access to members of the public.

(d) The commission shall post audio archives of its meetings on

the commission's Internet website.

Added by Acts 1989, 71st Leg., ch. 836, Sec. 12, eff. Sept. 1,

1989. Amended by Acts 1995, 74th Leg., ch. 554, Sec. 14, eff.

Sept. 1, 1995.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1242, Sec. 9(a), eff. September 1, 2007.

Sec. 161.035. ADVISORY COMMITTEES. (a) The commission may

establish advisory committees as it considers necessary to assist

it in developing proposed rules for the regulation of exotic

livestock and exotic fowl.

(b) A member of an advisory committee established under this

section serves at the pleasure of the commission.

(c) A member of an advisory committee established under this

section is not entitled to compensation.

Added by Acts 1995, 74th Leg., ch. 554, Sec. 15, eff. Sept. 1,

1995.

Sec. 161.036. PROGRAM AND FACILITY ACCESSIBILITY. The

commission shall comply with federal and state laws related to

program and facility accessibility. The executive director shall

also prepare and maintain a written plan that describes how a

person who does not speak English can be provided reasonable

access to the commission's programs and services.

Added by Acts 1995, 74th Leg., ch. 554, Sec. 15, eff. Sept. 1,

1995.

Sec. 161.037. PERIODIC REVIEW OF AGENCY FUNCTIONS. (a) The

commission shall periodically review services provided by the

commission, including laboratory services, that also are provided

in the private sector in order to determine the most

cost-effective method for delivering the services.

(b) The commission shall consult the Council on Competitive

Government for assistance during each review performed under this

section.

Added by Acts 1995, 74th Leg., ch. 554, Sec. 15, eff. Sept. 1,

1995.

Sec. 161.038. ADMINISTRATIVE PROCEDURE ACT APPLICABLE. The

commission is subject to the administrative procedure law,

Chapter 2001, Government Code.

Added by Acts 1995, 74th Leg., ch. 554, Sec. 15, eff. Sept. 1,

1995.

Sec. 161.039. COMPLIANCE POLICY AND INTERNAL OPERATING

PROCEDURES. (a) The commission by rule shall adopt agencywide

compliance policies and internal operating procedures and convey

those policies and procedures to all officers and employees of

the commission.

(b) The commission by rule shall adopt clearly defined and

uniform procedures addressing compliance with this chapter and

commission rules. The compliance procedures shall include the

commission's process for:

(1) receiving and consistently responding to complaints from the

public and officers and employees of the commission;

(2) checking for previous violations whenever a complaint is

filed;

(3) involving a supervisor in the approval of key compliance

decisions; and

(4) regularly updating complainants on the status of their

complaints.

Added by Acts 2007, 80th Leg., R.S., Ch.

1242, Sec. 10, eff. September 1, 2007.

Sec. 161.040. RULEMAKING AND DISPUTE RESOLUTION PROCEDURES. (a)

The commission shall develop and implement a policy to encourage

the use of:

(1) negotiated rulemaking procedures under Chapter 2008,

Government Code, for the adoption of commission rules; and

(2) appropriate alternative dispute resolution procedures under

Chapter 2009, Government Code, to assist in the resolution of

internal and external disputes under the commission's

jurisdiction.

(b) The commission's procedures relating to alternative dispute

resolution must conform, to the extent possible, to any model

guidelines issued by the State Office of Administrative Hearings

for the use of alternative dispute resolution by state agencies.

(c) The commission shall designate a trained person to:

(1) coordinate the implementation of the policy adopted under

Subsection (a);

(2) serve as a resource for any training needed to implement the

procedures for negotiated rulemaking or alternative dispute

resolution; and

(3) collect data concerning the effectiveness of those

procedures, as implemented by the commission.

Added by Acts 2007, 80th Leg., R.S., Ch.

1242, Sec. 10, eff. September 1, 2007.

SUBCHAPTER C. GENERAL POWERS AND DUTIES OF COMMISSION

Sec. 161.041. DISEASE CONTROL. (a) The commission shall

protect all livestock, exotic livestock, domestic fowl, and

exotic fowl from the following:

(1) tuberculosis;

(2) anthrax;

(3) glanders;

(4) infectious abortion;

(5) hemorrhagic septicemia;

(6) hog cholera;

(7) Malta fever;

(8) foot-and-mouth disease;

(9) rabies among animals other than canines;

(10) bacillary white diarrhea among fowl;

(11) equine infectious anemia; and

(12) other diseases recognized as communicable by the veterinary

profession.

(b) The commission may act to eradicate or control any disease

or agent of transmission for any disease that affects livestock,

exotic livestock, domestic fowl, or exotic fowl, regardless of

whether the disease is communicable, even if the agent of

transmission is an animal species that is not subject to the

jurisdiction of the commission. The commission may adopt any

rules necessary to carry out the purposes of this subsection,

including rules concerning testing, movement, inspection, and

treatment.

(c) A person commits an offense if the person knowingly fails to

handle, in accordance with rules adopted by the commission,

livestock, exotic livestock, domestic fowl, or exotic fowl

infected with a disease listed in Subsection (a).

(d) A person commits an offense if the person knowingly fails to

identify or refuses to permit an agent of the commission to

identify, in accordance with rules adopted by the commission,

livestock, exotic livestock, domestic fowl, or exotic fowl

infected with a disease listed in Subsection (a).

(e) An offense under Subsection (c) or (d) of this section is a

Class C misdemeanor unless it is shown on the trial of the

offense that the defendant has been previously convicted under

this section, in which event the offense is a Class B

misdemeanor.

(f) In complying with this section, the commission may not

infringe on or supersede the authority of any other agency of

this state, including the authority of the Parks and Wildlife

Department relating to wildlife. If a conflict of authority

occurs, the commission shall assume responsibility for disease

control efforts, but work collaboratively with the other agency

to enable each agency to effectively carry out its

responsibilities.

(g) The commission's authority to control or eradicate an agent

of transmission that is an animal species that is not subject to

the jurisdiction of the commission is limited to instances when a

disease that threatens livestock, exotic livestock, domestic

fowl, or exotic fowl has been confirmed or is suspected to exist

in that species and the commission determines that a serious

threat to livestock, exotic livestock, domestic fowl, or exotic

fowl exists.

Acts 1981, 67th Leg., p. 1395, ch. 388, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 1989, 71st Leg., ch. 836, Sec. 13, eff.

Sept. 1, 1989; Acts 1989, 71st Leg., 1st C.S., ch. 35, Sec. 2,

eff. Sept. 1, 1989; Acts 1993, 73rd Leg., ch. 548, Sec. 2, eff.

Sept. 1, 1993.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1242, Sec. 11, eff. September 1, 2007.

Sec. 161.0411. DOMESTIC AND EXOTIC FOWL REGISTRATION. (a) A

seller, distributor, or transporter of live domestic or exotic

fowl in this state shall register with the commission under this

section. The commission may exempt from registration a person

participating in a disease surveillance program recognized by the

commission.

(b) A person may apply for a certificate of registration or a

renewal of a certificate of registration under this section by

submitting an application and an annual fee prescribed by the

commission. A person must complete an application for a

certificate of registration that includes a list of each location

at which the person conducts the sale, distribution, or

transportation of domestic or exotic fowl.

(c) The commission shall adopt rules to administer this section,

including rules relating to the testing, identification,

transportation, inspection, sanitation, and disinfection of

domestic and exotic fowl.

(d) The commission shall prescribe and collect an annual fee for

registration as a seller, distributor, or transporter of domestic

or exotic fowl in this state.

(e) The commission may set fees under this section in amounts

that do not exceed the amounts necessary to enable the commission

to recover the costs of administering this section.

(f) A person commits an offense if the person knowingly violates

this section or fails to comply with an order or rule adopted

under this section.

(g) An offense under this section is a Class C misdemeanor

unless it is shown on the trial of the offense that the defendant

has been previously convicted under this section, in which event

the offense is a Class B misdemeanor.

Added by Acts 2003, 78th Leg., ch. 1109, Sec. 1, eff. June 20,

2003.

Sec. 161.0412. REGULATION AND REGISTRATION OF FERAL SWINE

HOLDING FACILITIES. (a) The commission may, for disease control

purposes, require the registration of feral swine holding

facilities.

(b) To prevent the spread of disease, the commission may require

a person to register with the commission if the person confines

feral swine in a holding facility for slaughter, sale,

exhibition, hunting, or any other purpose specified by commission

rule.

(c) Rules adopted under this section shall include registration

requirements, provisions for the issuance, revocation, and

renewal of a registration, disease testing, inspections,

recordkeeping, construction standards, location limitations, and

provisions relating to the treatment of swine in and movement of

swine to or from a feral swine holding facility.

(d) Rules authorized by this section may be adopted only for

disease-control purposes.

Added by Acts 2007, 80th Leg., R.S., Ch.

1242, Sec. 12, eff. September 1, 2007.

Sec. 161.0415. DISPOSAL OF DISEASED OR EXPOSED LIVESTOCK. (a)

The commission by order may require the slaughter of livestock,

under the direction of the commission, or the sale of livestock

for immediate slaughter at a public slaughtering establishment

maintaining federal or state inspection if the livestock is

exposed to or infected with a disease other than bluetongue or

vesicular stomatitis that:

(1) is recognized by the United States Department of Agriculture

as a foreign animal disease;

(2) is the subject of a cooperative eradication program with the

United States Department of Agriculture;

(3) is named on "List A" of the Office International Des

Epizooties; or

(4) is the subject of a state of emergency, as declared by the

governor.

(b) The commission by order may require the slaughter and

disposal of livestock exposed to or infected with a disease not

listed in Subsection (a) 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 an

order issued under this subsection to the appropriate legislative

oversight committees.

(c) A person may appeal an order of the commission under this

section as provided by Chapter 2001, Government Code.

(d) The Texas Commission on Environmental Quality may not adopt

a rule related to the disposal of livestock under this section

unless the rule is developed in cooperation with and is approved

by the Texas Animal Health Commission.

Added by Acts 1999, 76th Leg., ch. 764, Sec. 1, eff. Sept. 1,

1999. Amended by Acts 2003, 78th Leg., ch. 1333, Sec. 2, eff.

Sept. 1, 2003.

Sec. 161.0416. EMERGENCY MANAGEMENT. (a) The commission may

prepare and plan for, respond to, and aid in the recovery from

disaster events that may affect livestock, exotic livestock,

domestic fowl, or exotic fowl, including disease outbreaks,

hurricanes, floods, tornadoes, wildfires, and acts of terrorism.

(b) The commission may assist with local emergency management

planning. This subsection may not be construed to affect the

commission's responsibility under any other law, including

Chapter 418, Government Code, or any responsibility delegated to

the commission by an emergency management authority of this

state.

Added by Acts 2007, 80th Leg., R.S., Ch.

1242, Sec. 12, eff. September 1, 2007.

Sec. 161.042. SALE AND DISTRIBUTION OF VETERINARY BIOLOGICS.

The commission may control the sale and distribution of all

veterinary biologics except rabies vaccine. Rabies vaccine shall

be sold, distributed, dispensed, and administered in compliance

with Chapter 826, Health and Safety Code and the rules adopted

thereunder by the Texas Board of Health.

Acts 1981, 67th Leg., p. 1396, ch. 388, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 1981, 67th Leg., p. 2605, ch. 693, Sec. 25,

eff. Jan. 1, 1982; Acts 1985, 69th Leg., ch. 723, Sec. 3, eff.

Sept. 1, 1985; Acts 1991, 72nd Leg., ch. 14, Sec. 284(73), eff.

Sept. 1, 1991.

Sec. 161.043. REGULATION OF EXHIBITIONS. The commission may

regulate the entry of livestock, domestic animals, and domestic

fowl into exhibitions, shows, and fairs and may require treatment

or certification of those animals as reasonably necessary to

protect against communicable diseases.

Acts 1981, 67th Leg., p. 1396, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 161.044. REGULATION OF LIVESTOCK MOVEMENT FROM STOCKYARDS

OR RAILWAY SHIPPING PENS. The commission may regulate the

movement of livestock out of stockyards or railway shipping pens

and require treatment or certification of those animals as

reasonably necessary to protect against communicable diseases.

Acts 1981, 67th Leg., p. 1396, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 161.045. EMPLOYEES; CHIEF VETERINARIAN. The commission may

employ personnel as necessary in the administration of this

chapter or other duties of the commission, including a chief

veterinarian, a first assistant veterinarian, other

veterinarians, and clerical personnel.

Acts 1981, 67th Leg., p. 1396, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 161.046. RULES. The commission may adopt rules as

necessary for the administration and enforcement of this chapter.

Acts 1981, 67th Leg., p. 1396, ch. 388, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 1989, 71st Leg., ch. 836, Sec. 14, eff.

Sept. 1, 1989.

Sec. 161.047. ENTRY POWER. (a) A commissioner or a

veterinarian or inspector employed by the commission may enter

public or private property for the exercise of an authority or

performance of a duty under this chapter.

(b) If the commissioner, veterinarian, or inspector under

Subsection (a) of this section desires to be accompanied by a

peace officer, he or she shall apply for a search warrant to a

magistrate of the county in which the property is located. The

magistrate shall issue the search warrant on a showing of

probable cause by oath or affirmation. The search warrant shall

describe the place to be entered in a reasonable manner that will

enable the owner or caretaker of the property to identify the

property described, but the warrant is not required to describe

the property by field notes or by metes and bounds.

(c) A search warrant issued under this section authorizes the

person to whom it is issued to be accompanied by a peace officer

and by as many assistants as the person considers necessary.

(d) A search warrant issued under this section permits entry and

reentry for the purposes of this section for 30 days after the

day on which it is issued. After that period, additional search

warrants may be issued as often as necessary.

Acts 1981, 67th Leg., p. 1396, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 161.048. INSPECTION OF SHIPMENT OF ANIMALS OR ANIMAL

PRODUCTS. (a) An agent of the commission is entitled to stop

and inspect a shipment of animals or animal products being

transported in this state in order to:

(1) determine if the shipment is in compliance with the laws and

rules administered by the commission affecting the shipment;

(2) determine if the shipment originated from a quarantined area

or herd; or

(3) determine if the shipment presents a danger to the public

health or livestock industry through insect infestation or

through a communicable or noncommunicable disease.

(b) The commission may detain a shipment of animals or animal

products that is being transported in violation of law or a rule

of the commission. The commission may require that the shipment

be unloaded at the nearest available loading facility.

(c) The commission may not inspect a railroad train at any point

other than a terminal.

(d) The commission may post signs on public highways and use

signaling devices, including red lights, in conjunction with

signs, if necessary to effectively signal and stop vehicles for

inspection.

(d-1) The commission may enter into an agreement with a

corporation or other private entity to provide goods or services

for the establishment and operation of checkpoints or the

performance of inspections under this section.

(e) In this section, "animal product" includes hides; bones;

hoofs; horns; viscera; parts of animal bodies; litter, straw, or

hay used for bedding; and any other substance capable of carrying

insects or a disease that may endanger the livestock industry.

Acts 1981, 67th Leg., p. 1397, ch. 388, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 1995, 74th Leg., ch. 554, Sec. 16, eff.

Sept. 1, 1995.

Amended by:

Acts 2005, 79th Leg., Ch.

1337, Sec. 4, eff. June 18, 2005.

Sec. 161.049. DEALER RECORDS. (a) In this section, "dealer"

means a person engaged in the business of buying or selling

animals in commerce:

(1) on the person's own account;

(2) as an employee or agent of the vendor, the purchaser, or

both; or

(3) on a commission basis.

(b) A "dealer" as defined by Subsection (a) of this section does

not include a person who buys or sells animals as part of the

person's bona fide breeding, feeding, dairy, or stocker

operations but does include livestock markets and commission

merchants.

(c) The commission may require a livestock, exotic livestock,

domestic fowl, or exotic fowl dealer to maintain records of all

livestock, exotic livestock, domestic fowl, or exotic fowl bought

and sold by the dealer.

(d) The commission may inspect and copy the records of a

livestock, exotic livestock, domestic fowl, or exotic fowl dealer

that relate to the buying and selling of those animals.

(e) The commission by rule shall adopt the form and content of

the records maintained by a dealer under Subsection (c) of this

section.

Added by Acts 1989, 71st Leg., ch. 836, Sec. 15, eff. Sept. 1,

1989. Amended by Acts 1995, 74th Leg., ch. 554, Sec. 17, eff.

Sept. 1, 1995.

Sec. 161.050. INJUNCTION. The commission is entitled to

appropriate injunctive relief to prevent or abate a violation of

a statute administered or enforced by the commission or a rule

adopted or order issued by the commission under such a statute.

On request of the commission, the attorney general shall file

suit for the injunctive relief. Venue is in Travis County.

Added by Acts 1989, 71st Leg., ch. 836, Sec. 16, eff. Sept. 1,

1989. Amended by Acts 1993, 73rd Leg., ch. 548, Sec. 3, eff.

Sept. 1, 1993.

Sec. 161.051. MEMORANDUM OF UNDERSTANDING ON ENFORCEMENT OF

COMMISSION POWERS. (a) The commission and the Department of

Public Safety by rule shall adopt a joint memorandum of

understanding that includes provisions under which Department of

Public Safety officers are to check for health papers and permits

when a livestock vehicle is stopped for other reasons in the

regular course of the officers' duties. The memorandum shall

require:

(1) commission staff to provide information to Department of

Public Safety officers regarding health papers and permits;

(2) Department of Public Safety officers to report potential

problems to the commission;

(3) commission staff to investigate possible violations reported

by Department of Public Safety officers;

(4) Department of Public Safety officers to provide assistance

when requested by the commission; and

(5) commission personnel to notify the Department of Public

Safety, when appropriate, of the location of commission

roadblocks or special or night operations.

(b) The commission and the Department of Public Safety shall

review and update the memorandum not later than the last month of

each state fiscal year.

Added by Acts 1989, 71st Leg., ch. 836, Sec. 17, eff. Sept. 1,

1989.

Sec. 161.052. MEMORANDUM OF UNDERSTANDING ON COOPERATION WITH

LOCAL AUTHORITIES. (a) The commission and the commissioners

court of a county by rule may adopt a joint memorandum of

understanding that includes provisions under which the sheriff of

that county or the sheriff's deputies are to check for health

papers and permits when a livestock vehicle is stopped for other

reasons in the regular course of the sheriff's or the deputies'

duties. The memorandum shall require:

(1) commission staff to provide information to the sheriff and

the deputies regarding health papers and permits;

(2) the sheriff and the deputies to report potential problems to

the commission;

(3) commission staff to investigate possible violations reported

by the sheriff or the deputies;

(4) the sheriff or deputies to provide assistance when requested

by the commission; and

(5) commission personnel to notify the sheriff, when

appropriate, of commission roadblocks located in the county or

special or night operations planned for the county.

(b) The commission and each commissioners court with which the

commission adopted a memorandum of understanding shall review and

update the memorandum not later than the last month of each state

fiscal year.

Added by Acts 1989, 71st Leg., ch. 836, Sec. 18, eff. Sept. 1,

1989.

Sec. 161.0525. MEMORANDUM OF UNDERSTANDING ON COOPERATION WITH

OTHER STATES. The commission by rule, subject to approval by the

governor, may adopt a joint memorandum of understanding with

another state that includes provisions under which the commission

and the other state may provide assistance to each other in the

case of an animal disease outbreak.

Added by Acts 1999, 76th Leg., ch. 764, Sec. 1, eff. Sept. 1,

1999.

Sec. 161.053. COOPERATIVE AGREEMENTS. The commission may enter

into a cooperative agreement with the department to use for

animal health purposes livestock export pens controlled by the

department.

Added by Acts 1995, 74th Leg., ch. 554, Sec. 18, eff. Sept. 1,

1995.

Sec. 161.054. REGULATION OF MOVEMENT OF ANIMALS; EXCEPTION. (a)

As a control measure, the commission by rule may regulate the

movement of animals, including feral swine. The commission may

restrict the intrastate movement of animals, including feral

swine, even though the movement of the animals is unrestricted in

interstate or international commerce. The commission may require

testing, vaccination, or another epidemiologically sound

procedure before or after animals are moved.

(b) The commission by rule may prohibit or regulate the movement

of animals, including feral swine, into a quarantined herd,

premise, or area.

(c) The commission may not adopt a rule that prohibits a person

from moving animals, including feral swine, owned by that person

within unquarantined contiguous lands owned or controlled by that

person.

(d) On application of the owner of an animal, including a feral

swine, a restriction on the movement of the animal imposed under

this chapter may be modified by order of the executive director

of the commission if the owner demonstrates that the restriction

will result in unusual hardship for the owner. In considering an

application under this section, the executive director may

consider the effect of prolonged drought, inadequacy of pasturage

or unusual feed supply resulting from disaster or other

unforeseeable circumstances, or economic hardship.

(e) In connection with the regulation of the movement of feral

swine, the commission by rule may require disease testing before

movement of a feral swine from one location to another, and

establish the conditions under which feral swine may be

transported.

(f) The commission's authority to regulate the movement of feral

swine may not interfere with the authority of the Parks and

Wildlife Department to regulate the hunting or trapping of feral

swine.

Added by Acts 1995, 74th Leg., ch. 31, Sec. 1, eff. April 27,

1995.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1242, Sec. 13, eff. September 1, 2007.

Sec. 161.0541. ELK DISEASE SURVEILLANCE PROGRAM. (a) The

commission by rule may establish a disease surveillance program

for elk.

(b) Rules adopted under this section must:

(1) require each person who moves elk in this state to have elk

tested for chronic wasting disease or other diseases as

determined by the commission;

(2) be designed to protect the health of the elk population in

this state; and

(3) include provisions for testing, identification,

transportation, and inspection under the disease surveillance

program.

(c) A person commits an offense if the person knowingly violates

a rule adopted by the commission under this section.

(d) An offense under Subsection (c) is a Class C misdemeanor

unless it is shown on the trial of the offense that the defendant

has previously been convicted of an offense under that

subsection, in which event the offense is a Class B misdemeanor.

Added by Acts 2009, 81st Leg., R.S., Ch.

948, Sec. 1, eff. September 1, 2009.

Sec. 161.0545. MOVEMENT OF ANIMAL PRODUCTS. The commission may

adopt rules that require the certification of persons who

transport or dispose of inedible animal products, including

carcasses, body parts, and waste material. The commission by rule

may provide terms and conditions for the issuance, renewal, and

revocation of a certification under this section.

Added by Acts 1999, 76th Leg., ch. 764, Sec. 1, eff. Sept. 1,

1999.

Sec. 161.055. SLAUGHTER PLANT COLLECTION. (a) The commission

may require slaughter plants to collect and submit blood samples

and other diagnostic specimens for testing for disease.

(b) The commission by rule shall determine the method of

collecting, submitting, and testing of blood samples and other

diagnostic specimens.

(c) The owner or operator of a slaughter plant commits an

offense if the slaughter plant fails to comply with this section

or a rule adopted under this section. An offense under this

subsection is a Class C misdemeanor unless it is shown on the

trial of the offense that the defendant has been previously

convicted under this section, in which event the offense is a

Class B misdemeanor.

Added by Acts 1997, 75th Leg., ch. 273, Sec. 1, eff. Sept. 1,

1997.

Sec. 161.056. ANIMAL IDENTIFICATION PROGRAM. (a) In order to

provide for disease control and enhance the ability to trace

disease-infected animals or animals that have been exposed to

disease, the commission may develop and implement an animal

identification program that is consistent with the United States

Department of Agriculture's National Animal Identification

System.

(b) The commission may recognize the following as official

identification numbers in the state:

(1) premises identification numbers assigned to each

geographically unique location associated with animal

agriculture;

(2) individual animal identification numbers; and

(3) group identification numbers.

(c) The commission may require the use of official

identification numbers assigned as part of the animal

identification program for animal disease control, animal

emergency management, and other commission programs.

(d) The commission may establish a date by which all premises

must be registered and may assess a registration fee on all

entities that register for a premises identification number.

(e) Information collected by the commission under this section

is exempt from the public disclosure requirements of Chapter 552,

Government Code. The commission may provide information to

another person, including a governmental entity, without altering

the confidential status of the information. The commission may

release information to:

(1) a person who owns or controls animals and seeks information

regarding those animals, if the person requests the information

in writing;

(2) the attorney general's office, for the purpose of law

enforcement;

(3) the secretary of the United States Department of

Agriculture, for the purpose of animal health protection;

(4) the secretary of the Department of Homeland Security, for

the purpose of homeland security;

(5) the Department of State Health Services, for the purpose of

protecting the public health from zoonotic diseases;

(6) any person, under an order of a court of competent

jurisdiction;

(7) a state, municipal, or county emergency management

authority, for the purpose of management or response to natural

or man-made disasters; or

(8) any person the executive director of the commission

considers appropriate, if the executive director determines that:

(A) livestock may be threatened by a disease, agent, or pest;

and

(B) the release of the information is related to actions the

commission may take under this section.

(f) Notwithstanding Subsection (e), the commission shall release

information collected under this section if the release is

necessary for emergency management purposes under Chapter 418,

Government Code. The release of information under this

subsection does not alter the confidential status of the

information.

(g) A person commits an offense if the person fails to comply

with an order or rule adopted under this section.

(h) An offense under Subsection (g) is a Class C misdemeanor

unless it is shown on the trial of the offense that the defendant

has been convicted previously under this section, in which case

the offense is a Class B misdemeanor.

(i) The commission may adopt rules necessary to implement and

enforce this section.

Added by Acts 1995, 74th Leg., ch. 554, Sec. 18, eff. Sept. 1,

1995. Renumbered from Agriculture Code Sec. 161.054 by Acts 1997,

75th Leg., ch. 165, Sec. 31.01(2), eff. Sept. 1, 1997.

Amended by:

Acts 2005, 79th Leg., Ch.

203, Sec. 1, eff. September 1, 2005.

Sec. 161.057. CLASSIFICATION OF AREAS. (a) The commission by

rule may prescribe criteria for classifying areas in the state

for disease control. The criteria must be based on sound

epidemiological principles. The commission may prescribe

different control measures and procedures for areas with

different classifications.

(b) The commission by rule may designate as a particular

classification an area consisting of one or more counties.

Added by Acts 1995, 74th Leg., ch. 31, Sec. 1, eff. April 27,

1995. Renumbered from Sec. 161.053 by Acts 1999, 76th Leg., ch.

62, Sec. 19.01(2), eff. Sept. 1, 1999.

Sec. 161.058. COMPENSATION OF LIVESTOCK OWNER. (a) The

commission may pay an indemnity to the owner of livestock exposed

to or infected with a disease if the commission considers it

necessary to eradicate the disease and to dispose of the exposed

or diseased livestock. The commission shall provide the owner

with information regarding available state or federal indemnity

funds.

(b) The commission may adopt rules for the implementation of

this section, including rules governing:

(1) eligibility for compensation;

(2) amounts of compensation; and

(3) limits and restrictions on compensation.

(c) The commission may spend funds appropriated for the purpose

of this section only for direct payment to owners of exposed or

infected livestock.

Added by Acts 1999, 76th Leg., ch. 764, Sec. 1, eff. Sept. 1,

1999.

Sec. 161.059. QUALITY ASSURANCE ASSISTANCE. On request of an

organization representing producers of a commodity in an industry

regulated by the commission, the commission may assist in the

development, support, and oversight of a food safety or quality

assurance program, including the provision of testing services.

Added by Acts 2001, 77th Leg., ch. 410, Sec. 2, eff. May 28,

2001.

Sec. 161.060. INSPECTION FEES. The commission may charge a fee,

as provided by commission rule, for an inspection made by the

commission.

Added by Acts 2003, 78th Leg., ch. 200, Sec. 5(a), eff. Sept. 1,

2003.

Sec. 161.0601. CERTIFICATES OF VETERINARY INSPECTION. (a) The

commission by rule may provide for the issuance of a certificate

of veterinary inspection by a veterinarian to a person

transporting livestock, exotic livestock, domestic fowl, or

exotic fowl.

(b) The commission by rule shall set and charge a fee for each

certificate of veterinary inspection provided to a veterinarian

under this section.

Added by Acts 2005, 79th Leg., Ch.

205, Sec. 1, eff. September 1, 2005.

SUBCHAPTER D. QUARANTINES

Sec. 161.061. ESTABLISHMENT. (a) If the commission determines

or is informed that a disease listed in Section 161.041 of this

code exists in another state, territory, or country, the

commission shall establish a quarantine against all or the

portion of the state, territory, or country in which the disease

exists.

(b) If the commission determines that a disease listed in

Section 161.041 of this code or an agency of transmission of one

of those diseases exists in a place in this state or among

livestock, exotic livestock, domestic animals, domestic fowl, or

exotic fowl, or that a place in this state or livestock, exotic

livestock, domestic animals, domestic fowl, or exotic fowl are

exposed to one of those diseases or an agency of transmission of

one of those diseases, the commission shall establish a

quarantine on the affected animals or on the affected place. The

quarantine of an affected place may extend to any affected area,

including a county, district, pasture, lot, ranch, farm, field,

range, thoroughfare, building, stable, or stockyard pen.

(c) The commission may establish a quarantine to prohibit or

regulate the movement of:

(1) any article or animal that the commission designates to be a

carrier of a disease listed in Section 161.041 of this code or a

potential carrier of one of those diseases, if movement is not

otherwise regulated or prohibited; and

(2) an animal into an affected area, including a county

district, pasture, lot, ranch, farm, field, range, thoroughfare,

building, stable, or stockyard pen.

Acts 1981, 67th Leg., p. 1397, ch. 388, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 1995, 74th Leg., ch. 31, Sec. 2, eff. April

27, 1995; Acts 1995, 74th Leg., ch. 554, Sec. 19, eff. Sept. 1,

1995.

Sec. 161.0615. STATEWIDE OR WIDESPREAD QUARANTINE. (a) The

commission may quarantine livestock, exotic livestock, domestic

fowl, or exotic fowl in all or any part of this state as a means

of immediately restricting the movement of animals potentially

infected with disease and shall clearly describe the territory

included in a quarantine area.

(b) The commission by rule may delegate its authority to

quarantine livestock, exotic livestock, domestic fowl, or exotic

fowl under this section to the executive director, who shall

promptly notify the members of the commission of the quarantine.

(c) The commission by rule shall prescribe the manner in which

notice of a statewide or widespread quarantine under this section

is to be published.

Added by Acts 2007, 80th Leg., R.S., Ch.

1242, Sec. 15, eff. September 1, 2007.

Sec. 161.062. PUBLICATION OF NOTICE. (a) Except as provided by

Section 161.0615, the commission shall give notice of a

quarantine against another state, territory, or country by

publishing notice in a newspaper published in Texas. The

quarantine takes effect on the date of publication. The

commission shall pay the expense of publication out of any

appropriation made for office and stationery expenses of the

commission.

(b) The commission shall give notice of a quarantine established

within this state by publishing notice in a newspaper published

in the county in which the quarantine is established, by posting

notice at the courthouse door of that county, or by delivering a

written notice to the owner or caretaker of the animals or places

to be quarantined. The commission may pay the expense of

publication or posting out of any appropriation made for the

office and stationery expenses of the commission or out of any

appropriation made for the control or eradication of communicable

diseases of livestock. The commissioners court of a county in

which a quarantine is established may pay the expenses of

publication or posting out of any available funds of the county.

Acts 1981, 67th Leg., p. 1398, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1242, Sec. 14, eff. September 1, 2007.

Sec. 161.063. CONTENTS OF NOTICE. (a) A quarantine notice must

state the requirements and restrictions under which animals may

be permitted to enter this state or to be moved from a

quarantined area within this state. If the seriousness of the

disease is sufficient to warrant prohibiting the movement of

animals, the notice must state that the movement is prohibited.

The quarantine notice must state the class of persons authorized

by the commission to issue certificates or permits permitting

movement.

(b) A quarantine notice must state the cause for which the

quarantine is established, whether for infection or for exposure.

(c) A quarantine notice must describe the area or premises