CHAPTER 163. BRUCELLOSIS CONTROL - Texas Statutes

AGRICULTURE CODE

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

SUBTITLE C. CONTROL OF ANIMAL DISEASES AND PESTS

CHAPTER 163. BRUCELLOSIS CONTROL

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 163.001. 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 cattle in this chapter shall be construed to

include all or part of the carcasses of cattle.

Acts 1981, 67th Leg., p. 1413, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 163.002. COOPERATIVE PROGRAM. In order to bring about

effective control of bovine brucellosis, to allow Texas cattle to

move in interstate and international commerce with the fewest

possible restrictions, and to accomplish those purposes in the

most effective, practical, and expeditious manner, the commission

may enforce this chapter and enter into cooperative agreements

with the United States Department of Agriculture.

Acts 1981, 67th Leg., p. 1413, ch. 388, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 1983, 68th Leg., 1st C.S., p. 15, ch. 3,

Sec. 2, eff. June 27, 1983.

Sec. 163.003. FEES. The commission may establish fees in

amounts necessary to cover the cost of administering this chapter

when combined with funds received from other sources.

Added by Acts 1989, 71st Leg., ch. 836, Sec. 35, eff. Sept. 1,

1989.

SUBCHAPTER B. BRUCELLOSIS CONTROL AREAS

Sec. 163.021. CLASSIFICATION OF AREAS. (a) The commission by

rule may prescribe criteria for classifying areas in the state

for purposes of brucellosis control. The commission may prescribe

differing control measures and procedures according to the

classification of the areas. The classifications shall be based

on criteria that use sound epidemiological principles and are

similar to the criteria provided by federal brucellosis control

regulations.

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

classification any area consisting of one county or two or more

contiguous counties. The designation of an area for state

purposes need not be the same as the designation of the area for

federal purposes.

Acts 1981, 67th Leg., p. 1413, ch. 388, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 1983, 68th Leg., 1st C.S., p. 15, ch. 3,

Sec. 3, eff. June 27, 1983.

SUBCHAPTER D. ENFORCEMENT

Sec. 163.061. RULES; REPORTS. Following notice and a hearing,

the commission may adopt rules and require reports and records as

necessary to carry out Subchapters A-D of this chapter, including

rules, reports, and records that relate to the testing or

vaccination of cattle or to the movement of cattle into and

within an area.

Acts 1981, 67th Leg., p. 1415, ch. 388, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 1983, 68th Leg., 1st C.S., p. 17, ch. 3,

Sec. 4, eff. June 27, 1983.

Sec. 163.062. EMPLOYEES. The commission may employ personnel,

including veterinarians, inspectors, stenographers, and clerks,

as necessary to the enforcement of Subchapters A-D of this

chapter or the performance of duties under those subchapters. The

commission may assign to those employees any duty under those

subchapters.

Acts 1981, 67th Leg., p. 1415, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 163.063. ENTRY POWER. (a) A representative of the

commission, including a member of the commission, is entitled to

enter any public or private property for the exercise of

authority or performance of a duty under Subchapters A-D of this

chapter.

(b) A representative of the commission under Subsection (a) of

this section who desires to be accompanied by a peace officer may

apply for and be issued a search warrant in the manner provided

by Section 161.047 of this code.

Acts 1981, 67th Leg., p. 1415, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 163.064. TESTING AND VACCINATION. (a) Only a person

approved by the commission may perform testing and vaccinating

for brucellosis, regardless of whether the person is a

veterinarian.

(b) The commission by rule shall prescribe criteria for

classifying cattle as negative, infected with brucellosis, or

suspected of being infected with brucellosis. Each classification

must be based on the testing of cattle. The testing may include

serological testing, microbiological culturing of blood, tissue,

secretions, or excretions, or both.

(c) The commission may by rule regulate and require the

vaccination of female cattle within all or any of the area

classifications. Among other rules, the commission may adopt

rules providing for:

(1) the identification of cattle to be vaccinated;

(2) approval of the vaccine used; and

(3) the method of administering the vaccine.

(d) The commission by rule may regulate the sale and use of

brucellosis antigens and vaccines. A person may not sell a

brucellosis antigen or vaccine unless the antigen or vaccine is

approved by the commission. A person may not administer a

brucellosis antigen or vaccine unless the antigen or vaccine is

approved by the commission and the person is authorized by the

commission to administer the antigen or vaccine.

Acts 1981, 67th Leg., p. 1416, ch. 388, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 1983, 68th Leg., 1st C.S., p. 17, ch. 3,

Sec. 5, eff. June 27, 1983.

Sec. 163.065. BRANDING AND HANDLING OF DISEASED CATTLE. (a) If

a tested animal shows evidence of infection with brucellosis, the

person performing the test shall handle the animal in accordance

with the rules of the commission. The commission may prescribe

requirements according to the classification of the area in which

the animal is located. Among other requirements, the commission

may require the person performing the test to:

(1) furnish the owner of the animal with written data showing

that the animal is infected;

(2) fire brand the animal on the left jaw with the letter "B";

(3) place an approved, numbered identification on the animal;

and

(4) report the identification number in writing to the

commission.

(b) If an animal shows evidence of infection, the herd of which

it is a part shall also be handled in accordance with the rules

of the commission, which may provide for:

(1) quarantines;

(2) the manner, method, and system of disposing of reactor

cattle;

(3) the testing and retesting of the herd; or

(4) other measures, such as quarantine only, where the animals

from the herd are sold exclusively for slaughter and where the

commission's rules are in compliance with the current

requirements of the Brucellosis Eradication Uniform Methods and

Rules of the cooperative state-federal brucellosis eradication

program.

Acts 1981, 67th Leg., p. 1416, ch. 388, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 1983, 68th Leg., 1st C.S., p. 19, ch. 3,

Sec. 6, eff. June 27, 1983.

Sec. 163.066. REGULATION OF MOVEMENT OF CATTLE; EXCEPTION. (a)

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

movement of cattle. The commission may restrict the intrastate

movement of cattle even though the movement of the cattle is

unrestricted in interstate or international commerce. The

commission may require testing, vaccination, or another procedure

that is epidemiologically sound before or following the movement

of cattle.

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

from moving cattle owned by that person within unquarantined

contiguous lands owned or controlled by that person.

(c) Any restriction on the movement of cattle imposed under

provisions of this chapter may be modified or set aside by the

commission upon application by the cattle owner, provided that

the owner can show impending unusual hardship resulting from such

restriction. Contributory factors may include but are not limited

to prolonged drought, inadequacy of pasturage or usual feed

supply resulting from disaster or other unforeseeable

circumstance, or economic hardship of the cattle owner; provided

that individual animals under restriction shall be handled in a

manner to be prescribed by the commission.

Acts 1981, 67th Leg., p. 1417, ch. 388, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 1983, 68th Leg., 1st C.S., p. 20, ch. 3,

Sec. 7, eff. June 27, 1983.

Sec. 163.069. INDIVIDUAL HERD PLANS. (a) The commission by

rule may provide for the handling and treatment of individual

herds in which testing or epidemiology has produced evidence of

infection or which was adjacent to a herd in which infection is

found. Each plan shall be designed to aid the caretaker of the

herd in preventing or reducing spread of the infection and in

eliminating the infection.

(b) Each herd plan must be based on sound epidemiological

principles and the classification of the area in which the herd

is located. In prescribing a herd plan, the commission may

consider, among other items:

(1) the risk of the infection spreading to other herds;

(2) the cost to other herd owners resulting from spread of the

infection;

(3) the extent of infection and of possible exposure within the

herd;

(4) the type of cattle operation conducted by the herd's

caretaker; and

(5) the conditions affecting the economics and management of the

herd.

Added by Acts 1983, 68th Leg., 1st C.S., p. 21, ch. 3, Sec. 9,

eff. June 27, 1983.

Sec. 163.070. REQUIRED ASSISTANCE. If ordered by the commission

or its representative, the owner or caretaker of cattle shall

submit the cattle and furnish labor and facilities used in normal

operation in order that the cattle may be tested, vaccinated, or

otherwise handled in accordance with the rules of the commission.

Added by Acts 1983, 68th Leg., 1st C.S., p. 21, ch. 3, Sec. 9,

eff. June 27, 1983.

Sec. 163.072. BLOOD SAMPLES. (a) The commission may require

slaughter plants to collect and submit blood samples for

brucellosis testing.

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

collecting, submitting, and testing of blood samples.

(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 1989, 71st Leg., ch. 836, Sec. 36, eff. Sept. 1,

1989. Amended by Acts 1993, 73rd Leg., ch. 548, Sec. 13, eff.

Sept. 1, 1993.

SUBCHAPTER F. PENALTIES

Sec. 163.081. REFUSAL TO VACCINATE FEMALE CALVES. (a) A person

commits an offense if the person refuses to vaccinate a female

calf owned by that person in accordance with the rules of 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.

Acts 1981, 67th Leg., p. 1418, ch. 388, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 1983, 68th Leg., 1st C.S., p. 22, ch. 3,

Sec. 10, eff. June 27, 1983; Acts 1989, 71st Leg., ch. 836, Sec.

37, eff. Sept. 1, 1989; Acts 1993, 73rd Leg., ch. 548, Sec. 14,

eff. Sept. 1, 1993.

Sec. 163.082. REFUSAL OF OWNER TO ASSIST. (a) A person who is

the owner of cattle commits an offense if the person knowingly

refuses to gather cattle or to furnish necessary labor and

facilities in accordance with Section 163.070 of this code.

(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 refusal.

Acts 1981, 67th Leg., p. 1418, ch. 388, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 1983, 68th Leg., 1st C.S., p. 22, ch. 3,

Sec. 11, eff. June 27, 1983; Acts 1989, 71st Leg., ch. 836, Sec.

38, eff. Sept. 1, 1989; Acts 1993, 73rd Leg., ch. 548, Sec. 15,

eff. Sept. 1, 1993.

Sec. 163.083. REFUSAL OF ENTRY. (a) A person commits an

offense if the person refuses to permit a representative of the

commission to enter property or premises of which the person is

the owner, tenant, or caretaker for the purposes of carrying out

a provision of this chapter.

(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 refusal.

Acts 1981, 67th Leg., p. 1418, ch. 388, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 1983, 68th Leg., 1st C.S., p. 23, ch. 3,

Sec. 12, eff. June 27, 1983; Acts 1989, 71st Leg., ch. 836, Sec.

39, eff. Sept. 1, 1989; Acts 1993, 73rd Leg., ch. 548, Sec. 16,

eff. Sept. 1, 1993.

Sec. 163.084. MOVEMENT OF CATTLE IN VIOLATION OF COMMISSION

RULE. (a) A person, including a railway or a common carrier,

commits an offense if the person knowingly moves an animal in

violation of a rule of 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.

Acts 1981, 67th Leg., p. 1418, ch. 388, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 1983, 68th Leg., 1st C.S., p. 23, ch. 3,

Sec. 13, eff. June 27, 1983; Acts 1989, 71st Leg., ch. 836, Sec.

40, eff. Sept. 1, 1989; Acts 1993, 73rd Leg., ch. 548, Sec. 17,

eff. Sept. 1, 1993.

Sec. 163.085. FAILURE TO PROPERLY HANDLE INFECTED ANIMAL. (a)

A person commits an offense if the person knowingly refuses to

handle in accordance with the rules of the commission an animal

that the commission has classified as infected with brucellosis.

(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. 1418, ch. 388, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 1983, 68th Leg., 1st C.S., p. 23, ch. 3,

Sec. 14, eff. June 27, 1983; Acts 1989, 71st Leg., ch. 836, Sec.

41, eff. Sept. 1, 1989; Acts 1993, 73rd Leg., ch. 548, Sec. 18,

eff. Sept. 1, 1993.

Sec. 163.086. SALE OF INFECTED CATTLE. (a) A person commits an

offense if the person sells or otherwise disposes of an animal

for purposes other than slaughter that the person knows to be

infected with brucellosis.

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

(c) The sale or disposal of an animal with the letter "B"

branded on the left jaw is prima facie evidence that the person

knew the cow was infected with brucellosis.

Acts 1981, 67th Leg., p. 1418, ch. 388, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 1983, 68th Leg., 1st C.S., p. 23, ch. 3,

Sec. 15, eff. June 27, 1983; Acts 1989, 71st Leg., ch. 836, Sec.

42, eff. Sept. 1, 1989.

Sec. 163.087. IMPROPER SALE OR USE OF VACCINE OR ANTIGEN. (a)

A person commits an offense if the person sells or administers a

brucellosis antigen or vaccine in violation of Section 163.064 of

this code.

(b) An offense under this section is a Class A misdemeanor.

Added by Acts 1983, 68th Leg., 1st C.S., p. 24, ch. 3, Sec. 16,

eff. June 27, 1983. Amended by Acts 1989, 71st Leg., ch. 836,

Sec. 43, eff. Sept. 1, 1989.