CHAPTER 162. TUBERCULOSIS CONTROL - Texas Statutes

AGRICULTURE CODE

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

SUBTITLE C. CONTROL OF ANIMAL DISEASES AND PESTS

CHAPTER 162. TUBERCULOSIS CONTROL

Sec. 162.001. DEFINITIONS. (a) In this chapter:

(1) "Caretaker" has the meaning assigned by Section 161.002 of

this code.

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

(b) References to animals in this chapter shall be construed to

include all or part of the carcasses of the animals.

Acts 1981, 67th Leg., p. 1408, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 162.002. COOPERATIVE PROGRAM. (a) The commission may

cooperate with the United States Department of Agriculture and

the county commissioners courts in a cooperative program for the

eradication of tuberculosis among cattle and the establishment of

areas based on prevalence of the disease.

(b) The commissioners court of each county may cooperate with

the commission and the United States Department of Agriculture in

a cooperative program under this chapter, but shall cooperate if

presented with a petition signed by at least 75 percent of the

owners of cattle in the county as shown by the county tax rolls.

Acts 1981, 67th Leg., p. 1408, ch. 388, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 2001, 77th Leg., ch. 522, Sec. 1, eff.

Sept. 1, 2001.

Sec. 162.003. TESTING. The commission by rule shall prescribe

the manner, method, and system of testing cattle for tuberculosis

under a cooperative program.

Acts 1981, 67th Leg., p. 1409, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 162.004. CERTIFICATE OF TEST OR VACCINATION OF CATTLE OR

OTHER ANIMALS. (a) For each tuberculosis test performed on

cattle, hogs, or fowl, a veterinarian shall file a certificate

with the commission that identifies the animals tested and shows:

(1) the name and post office address of the owner;

(2) the location of the premises and the animals;

(3) the date of the test;

(4) the kind of test conducted;

(5) the result of the test; and

(6) whether the test was an interstate, accredited herd,

municipal, or private test.

(b) For each vaccination of hogs, a veterinarian shall file a

certificate with the commission that shows:

(1) the name and post office address of the owner;

(2) the location of the premises;

(3) the number of hogs vaccinated; and

(4) the amount and serial number of the serum and virus or other

biologics used.

(c) A certificate under this section must be in a form

prescribed by the commission and must be sent to the commission

within 48 hours after completion of the test or vaccination.

Acts 1981, 67th Leg., p. 1409, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 162.005. IDENTIFICATION OF CATTLE. If cattle examined by a

veterinarian show a positive reaction to the tuberculin test or

show evidence of tuberculosis infection by clinical or laboratory

examination, the veterinarian shall:

(1) comply with any identification requirements of the

commission; and

(2) not later than 48 hours after the identification, report the

identification to the commission, together with the location,

description, and number of animals identified.

Acts 1981, 67th Leg., p. 1409, ch. 388, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 2001, 77th Leg., ch. 522, Sec. 2, eff.

Sept. 1, 2001.

Sec. 162.006. QUARANTINE. (a) The commission shall immediately

quarantine cattle and the premises on which the cattle are

located if the cattle show a positive reaction when tested for

tuberculosis by a veterinarian recognized by the commission for

that purpose.

(b) Before the establishment of a quarantine a person may not

move the cattle that show a positive reaction from the enclosure

in which they were located at the time of testing, and may not

sell, trade, barter, grant, or loan those animals. After a

quarantine is established, a person may not move any cattle from

the quarantined premises without first obtaining a written permit

from the commission.

(c) A person who violates this section may not be prosecuted

under Chapter 161 of this code for the same act.

Acts 1981, 67th Leg., p. 1409, ch. 388, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 2001, 77th Leg., ch. 522, Sec. 3, eff.

Sept. 1, 2001.

Sec. 162.009. TUBERCULOSIS MODIFIED ACCREDITED ADVANCED AND

TUBERCULOSIS FREE AREAS. (a) As part of a cooperative program,

the commission or its representative may examine, test, and

retest any cattle in this state as necessary to maintain an area

of this state as a tuberculosis modified accredited advanced area

or to establish or maintain each area of this state as a

tuberculosis free area under the uniform methods and rules of the

United States Department of Agriculture and the rules of the

commission.

(b) The commission or its representative may test or retest all

or part of a herd of cattle at intervals considered necessary or

advisable by the commission to control and eliminate tuberculosis

in animals.

Acts 1981, 67th Leg., p. 1410, ch. 388, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 2001, 77th Leg., ch. 522, Sec. 4, eff.

Sept. 1, 2001.

Sec. 162.010. DUTY OF OWNER OR CARETAKER TO ASSIST; NOTICE. (a)

On written notice by the commission or its representative, the

owner, part owner, or caretaker of cattle shall assemble and

submit the cattle for tuberculosis examination and testing. The

notice must set the date and approximate time the cattle are to

be tested and must be delivered by registered mail not later than

the 10th day before that date.

(b) The person receiving the notice shall provide reasonable

assistance in confining the cattle and providing facilities for

proper administration of the test. The person shall return the

cattle to the same place for observation at a time designated by

the commission or its representative.

Acts 1981, 67th Leg., p. 1411, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 162.011. PENALTY FOR VETERINARIAN'S FAILURE TO FILE

CERTIFICATE OR TO IDENTIFY ANIMALS. (a) A person commits an

offense if, as a veterinarian, the person:

(1) fails to file a certificate under Section 162.004 or a

report under Section 162.005; or

(2) fails to properly identify an animal under Section 162.005.

(b) 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.

Acts 1981, 67th Leg., p. 1411, ch. 388, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 1989, 71st Leg., ch. 836, Sec. 32, eff.

Sept. 1, 1989; Acts 1993, 73rd Leg., ch. 548, Sec. 11, eff. Sept.

1, 1993; Acts 2001, 77th Leg., ch. 522, Sec. 5, 6, eff. Sept. 1,

2001.

Sec. 162.012. PENALTY FOR MOVEMENT OR SALE OF QUARANTINED OR

DISEASED CATTLE. (a) A person commits an offense if the person

moves, sells, trades, barters, grants, or loans animals in

violation of Section 162.006(b).

(b) An offense under this section is a Class B misdemeanor for

each animal that was moved, sold, traded, bartered, granted, or

loaned.

Acts 1981, 67th Leg., p. 1411, ch. 388, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 1989, 71st Leg., ch. 836, Sec. 33, eff.

Sept. 1, 1989; Acts 2001, 77th Leg., ch. 522, Sec. 7, eff. Sept.

1, 2001.

Sec. 162.013. PENALTY FOR OWNER'S OR CARETAKER'S FAILURE TO

ASSIST. (a) A person commits an offense if, as the owner, part

owner, or caretaker of cattle, the person fails or refuses to

assemble the cattle or to provide assistance in accordance with

Section 162.010 of this code at the time and place provided in

the notice issued by the commission.

(b) 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.

(c) A person commits a separate offense for each day of failure

or refusal.

Acts 1981, 67th Leg., p. 1411, ch. 388, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 1989, 71st Leg., ch. 836, Sec. 34, eff.

Sept. 1, 1989; Acts 1993, 73rd Leg., ch. 548, Sec. 12, eff. Sept.

1, 1993.

Sec. 162.014. REVIEW OF CURRENT TUBERCULOSIS PROGRAMS AND

IMPLEMENTATION OF IMPROVED PROGRAM. (a) The following agencies,

colleges, and services jointly shall conduct a review of the

state's current programs to research, control, and eradicate

animal tuberculosis in both traditional and nontraditional farm

and ranch animals:

(1) the commission;

(2) the Department of Agriculture;

(3) the Texas Agricultural Experiment Station;

(4) the Texas Agricultural Extension Service;

(5) the Texas Animal Damage Control Service;

(6) the Texas Department of Health;

(7) the College of Veterinary Medicine, Texas A&M

University; and

(8) the Texas Veterinary Medical Diagnostic Laboratory.

(b) The Texas Agricultural Experiment Station is the

coordinating agency for the review.

(c) Each agency, college, or service conducting the review under

Subsection (a) shall as part of its review seek the advice and

opinions of persons who are involved in commercially raising or

feeding traditional or nontraditional farm or ranch animals. The

Texas Agricultural Experiment Station shall ensure that persons

who are involved in commercially raising or feeding traditional

or nontraditional farm or ranch animals have ample notice of and

opportunity to comment on the review's findings and that the

comments of those persons are considered part of the review's

findings.

(d) The agencies, colleges, and services listed under Subsection

(a) shall implement an improved program based on the review

conducted under Subsection (a) that is designed to research,

control, and eradicate animal tuberculosis in both traditional

and nontraditional farm and ranch animals. The agencies,

colleges, and services shall agree on the elements of the

improved program that will be implemented by each agency,

college, or service. The improved program may not conflict with

current law.

Added by Acts 1995, 74th Leg., ch. 89, Sec. 1, eff. May 16, 1995.