CHAPTER 167. TICK ERADICATION - Texas Statutes

AGRICULTURE CODE

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

SUBTITLE C. CONTROL OF ANIMAL DISEASES AND PESTS

CHAPTER 167. TICK ERADICATION

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 167.001. DEFINITIONS. In this chapter:

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

(2) "Enclosure" includes a pasture, pen, or lot.

(3) "Inspector" means an inspector of the commission, including

a local inspector, a county or district supervising inspector,

and the chief inspector.

(4) "Livestock" means cattle, horses, mules, jacks, or jennets.

(5) "Peace officer" includes a sheriff, constable, or other

peace officer authorized to perform services in the county in

which services are required.

(6) "Tick" means any tick capable of carrying Babesia, otherwise

known as "fever."

(7) "Exotic livestock" has the meaning assigned by Section

161.001(a)(3) of this code.

Acts 1981, 67th Leg., p. 1436, ch. 388, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 1987, 70th Leg., ch. 637, Sec. 7, eff. Aug.

31, 1987; Acts 1989, 71st Leg., ch. 836, Sec. 53, eff. Sept. 1,

1989.

Sec. 167.002. CARETAKER OF ANIMAL. A person is subject to this

chapter as the caretaker of an animal if the person:

(1) is the owner, part owner, lessee, occupant, or caretaker of

land or premises, and controls that land or those premises, on

which the animal is located;

(2) is the parent of a minor child who owns an interest in the

animal, unless a person other than the parent is the legal

guardian of the minor child's estate; or

(3) is the administrator, executor, or guardian of an estate

that owns the animal, or owns land on which the animal is

located, and controls the estate by reason of the administration

or guardianship.

Acts 1981, 67th Leg., p. 1436, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 167.003. GENERAL POWERS AND DUTIES OF COMMISSION. (a) In

accordance with this chapter, the commission shall eradicate all

ticks capable of carrying Babesia in this state and shall protect

all land, premises, and livestock in this state from those ticks

and exposure to those ticks.

(b) In carrying out this chapter, the commission may:

(1) adopt necessary rules;

(2) employ necessary personnel, including a chief inspector,

chief clerk, stenographers, and clerks, and assign the personnel

to perform duties authorized by this chapter or incidental to its

enforcement;

(3) assist and cooperate with county officials; and

(4) enter into cooperative agreements with other state agencies

or agencies of the federal government.

(c) The commission by rule may provide for the manner and method

of dipping saddle stock and stock used for gentle work and for

the handling and certifying of that stock for movement, but

unless the commission so provides, the stock is subject to this

chapter as other livestock.

Acts 1981, 67th Leg., p. 1436, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 167.004. CLASSIFICATION OF ANIMALS OR PREMISES AS INFESTED,

EXPOSED, OR FREE FROM EXPOSURE. (a) If a tick is found on a

head of livestock, the following are classified as tick infested:

(1) each head of livestock that is in the same herd or is then

or thereafter on the same range or in the same enclosure as the

animal on which the tick is found; and

(2) the range or enclosure in or on which the animal is located.

(b) The commission by rule shall define what animals and

premises are to be classified as exposed to ticks. The commission

shall classify as exposed to ticks livestock that have been on

land or in an enclosure that the commission determines to be tick

infested or exposed to ticks or to have been tick infested or

exposed to ticks before or after the removal of the livestock,

unless the commission determines that the infestation or exposure

occurred after the livestock were removed and that the livestock

did not become infested or exposed before removal.

(c) Animals, land, and premises classified as tick infested or

exposed to ticks retain that classification until the

classification is changed by the commission in accordance with

this chapter.

(d) Animals, land, and premises in the tick eradication area may

not be considered to be free from exposure to ticks unless:

(1) the commission has officially classified the animals or

premises as free from exposure and filed a copy of the order

making that classification in the office of the supervising

inspector of the county in which the animals or premises are

located; or

(2) the supervising inspector of the county in which the animals

or premises are located, under the authority of the commission,

has classified the animals or premises in writing as free from

exposure and filed the written classification in the supervising

inspector's office.

Acts 1981, 67th Leg., p. 1437, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 167.005. ERADICATION, FREE, AND INACTIVE QUARANTINE AREAS.

(a) The tick eradication area is composed of counties and parts

of counties designated for tick eradication under Section 167.006

of this code.

(b) The free area and the inactive quarantine area are composed

of counties and parts of counties designated by the commission to

be part of the applicable area.

(c) The commission may transfer a county or part of a county

from the tick eradication area, the free area, or the inactive

quarantine area to another type of area as the commission

considers advisable or necessary.

Acts 1981, 67th Leg., p. 1437, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 167.006. DESIGNATION OF TICK ERADICATION AREA. (a) The

commission may designate for tick eradication any county or part

of a county that the commission determines may contain ticks.

(b) The commission shall give notice that a county or part of a

county is designated for tick eradication by:

(1) publishing a brief notice of the designation in a newspaper

published in that county or that part of the county, as

applicable; or

(2) posting a brief notice of the designation at the courthouse

door of the county.

(c) The notice must prescribe a date on which the designation is

to take effect and must be published or posted before the 10th

day preceding that date. The county affected by the designation

shall pay the expenses of giving notice.

(d) The designation of a county or part of a county for tick

eradication takes effect on:

(1) the date specified in the notice, if the notice is published

or posted within the time prescribed by Subsection (c) of this

section; or

(2) the 10th day following the day on which notice is published

or posted, if the notice is not published or posted within the

time prescribed by that subsection.

Acts 1981, 67th Leg., p. 1437, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 167.007. TICK ERADICATION IN FREE AREA. (a) The

commission may conduct tick eradication in the free area and may

establish quarantines and require the dipping of livestock in the

free area as provided by this chapter. The commission shall

designate in writing the land or premises in the free area in

which tick eradication is to be conducted.

(b) An owner or caretaker of livestock in the free area and the

commissioners court of a county all or part of which is located

in the free area shall cooperate with the commission in the

manner provided by this chapter for tick eradication in the tick

eradication area.

Acts 1981, 67th Leg., p. 1438, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 167.008. INSPECTIONS. The commission may order the owner,

part owner, or caretaker of livestock to gather the livestock for

inspection at a time and place prescribed in the order of the

commission. The commission shall serve written notice of the

order not later than the 12th day before the day of inspection. A

person on whom an order is served is entitled to request and

obtain a hearing in the manner provided by this chapter for

hearings on orders to dip livestock.

Acts 1981, 67th Leg., p. 1438, ch. 388, Sec. 1, eff. Sept. 1,

1981.

SUBCHAPTER B. QUARANTINES; REGULATION OF MOVEMENT OF ANIMALS AND

COMMODITIES

Sec. 167.021. GENERAL QUARANTINE POWER. (a) The commission may

establish quarantines on land, premises, and livestock as

necessary for tick eradication.

(b) The commission in writing may release a quarantine

established under this chapter if the commission considers it

necessary or advisable to do so.

Acts 1981, 67th Leg., p. 1438, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 167.022. QUARANTINE OF TICK ERADICATION AREA. (a) The

order designating a county or part of a county for tick

eradication shall contain a provision quarantining that county or

part of a county.

(b) A quarantine under this section has the effect of

quarantining all land, premises, and livestock in the area

quarantined, regardless of whether any person's land, premises,

or livestock are specifically described in the quarantine order.

Acts 1981, 67th Leg., p. 1438, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 167.023. QUARANTINE OF FREE AREA. (a) The commission by

written order may establish a quarantine in the free area if

necessary for the purpose of regulating the handling of livestock

and eradicating ticks or exposure to ticks in the free area or

for the purpose of preventing the spread of tick infestation into

the free area.

(b) The order of the commission establishing a quarantine in the

free area shall designate the land or premises to be quarantined.

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

in the free area by:

(1) delivering notice to each owner or caretaker of livestock in

the area to be quarantined or to each owner or caretaker of land

or premises in the area on which livestock are located;

(2) posting written notice at the courthouse door of each county

in which the area to be quarantined is located; or

(3) publishing notice in a newspaper published in each county in

which the area to be quarantined is located.

Acts 1981, 67th Leg., p. 1438, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 167.024. MOVEMENT IN OR FROM QUARANTINED AREA. (a) Unless

a person first obtains a permit or a certificate from an

authorized inspector, the person may not move livestock in a

quarantined area:

(1) from land owned, leased, or occupied by one person into or

through any other land owned, leased, or occupied by another

person; or

(2) onto any open range, public street, public road, or

thoroughfare.

(b) Unless the person first obtains a permit or a certificate

from an authorized inspector, the owner or caretaker of livestock

in a quarantined area may not move the livestock, or permit the

livestock to be moved, from an enclosure owned, leased, or

occupied by that person, from any open range, street, road, or

thoroughfare, or from any land that the person does not own or

control, into any other enclosure or other land owned, cared for,

or controlled by that person, if:

(1) the livestock are subject to dipping under this chapter and

the land or enclosure to which the livestock are moved:

(A) is classified in the records of the county supervising

inspector as being free from ticks; or

(B) has been released from quarantine by the commission; or

(2) the livestock are subject to dipping but are not being

dipped under this chapter in the conduct of regular systematic

tick eradication by the commission and the land or enclosure to

which the livestock are moved is owned or controlled by that

person and:

(A) tick eradication work is being conducted there; or

(B) the land or enclosure is vacated under the direction of the

commission for the purpose of tick eradication.

(c) The owner or caretaker of livestock located in a quarantined

area may move livestock, or permit livestock to be moved, to and

from dipping vats for the purpose of dipping the livestock on a

regular dipping date at the vat to which the livestock are to be

moved or on another date designated by the inspector in charge of

the vat. The movement of livestock under this subsection must be

in accordance with the rules of the commission. Any other

movement is considered to be in violation of the quarantine.

(d) In this section, "other land" means land that is separated

from the land from which movement is made by a fence, dividing

line, or the land of another person.

Acts 1981, 67th Leg., p. 1439, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 167.025. MOVEMENT IN OR FROM INACTIVE QUARANTINED AREA. A

person may not move livestock or permit livestock to be moved

from or within the inactive quarantined area except in accordance

with the rules of the commission.

Acts 1981, 67th Leg., p. 1440, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 167.026. MOVEMENT INTO THIS STATE FROM QUARANTINED AREA.

(a) A person may not move livestock, or permit livestock of

which the person is the owner, part owner, or caretaker to be

moved, into this state from an area in another state, territory,

or country that is under state or federal quarantine for tick

infestation or exposure unless the livestock are accompanied by a

certificate from an inspector of the Animal and Plant Health

Inspection Service, United States Department of Agriculture.

(b) A person may not move goats, hogs, sheep, exotic livestock,

or circus animals into this state from an area of another state,

territory, or country that is under state or federal quarantine

for tick infestation unless the animals:

(1) have been dipped free from infestation or exposure; and

(2) are certified as having been so treated by an inspector of

the commission or of the Animal and Plant Health Inspection

Service, United States Department of Agriculture.

(c) A person may not move hay, straw, grass, packing straw, pine

straw, corn shucks, weeds, plants, litter, manure, dirt, posts,

sand, gravel, caliche, or animal by-products into this state for

any purpose from an area of another state, territory, or country

that is under state or federal quarantine for tick infestation

unless the articles:

(1) have been treated in accordance with the requirements of the

commission or the Animal and Plant Health Inspection Service,

United States Department of Agriculture; and

(2) are certified as having been so treated by an inspector of

the commission or the Animal and Plant Health Inspection Service,

United States Department of Agriculture.

Acts 1981, 67th Leg., p. 1440, ch. 388, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 1989, 71st Leg., ch. 836, Sec. 54, eff.

Sept. 1, 1989.

Sec. 167.027. PERMIT OR CERTIFICATE TO ACCOMPANY MOVEMENT. (a)

A certificate or permit required for movement of livestock within

or into this state must be in the possession of the person in

charge of the movement or the conveyance from the point of origin

to the point of destination. If the movement is by a

transportation company, including a railway or express company,

the certificate must be attached to the shipping papers

accompanying the movement from the point of origin to the point

of destination. On demand of an inspector, the person in charge

of the movement or conveyance shall exhibit the certificate or

permit.

(b) A certificate required for movement of goats, hogs, sheep,

exotic livestock, or circus animals, or for movement of articles

listed in Section 167.026(c) of this code, must accompany the

movement to the final destination in this state or so long as the

animals or articles are moving through this state.

Acts 1981, 67th Leg., p. 1440, ch. 388, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 1989, 71st Leg., ch. 836, Sec. 55, eff.

Sept. 1, 1989.

Sec. 167.028. STATEMENT OF POSSESSION AND DESTINATION. On

request of an inspector, the owner, part owner, or caretaker, or

a person accompanying and connected with a shipment, of livestock

that are being moved in this state or have been moved in this

state within 60 days preceding the request, shall make a written

statement of:

(1) the name of the owner or the person controlling the land

from which the shipment originated and the county in which that

land is located;

(2) the county and the particular place in that county to which

the shipment is or was destined;

(3) the name and address of the person from whom the livestock

were obtained, if the livestock were obtained in the 30 days

preceding the request, or, if the livestock were not obtained

during the 30 days preceding the request, a statement of that

fact; and

(4) the territory through which the shipment passed since

leaving the point of origin and through which the shipment is

intended to pass before reaching the point of destination.

Acts 1981, 67th Leg., p. 1440, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 167.029. CONDITIONS, MANNER, AND METHOD OF MOVING AND

HANDLING. (a) The commission by rule shall provide the

conditions for and the manner and method of handling and moving

livestock:

(1) into, in, and from the tick eradication area;

(2) into, in, and from quarantined land or premises in the free

area;

(3) into the released part of the free area; and

(4) into, in, and from the inactive quarantined area.

(b) Livestock must be certified as being free from ticks and

exposure to ticks, and must be moved to the destination without

exposure, if the livestock are to be moved:

(1) into the free area;

(2) from one county to another in the tick eradication area; or

(3) within a county to land or premises that are classified by

the official records of the supervising inspector of the county

as being free from ticks and exposure to ticks.

(c) The commission may adopt rules relating to testing,

immunizing, treating, certifying, or marking or branding

livestock moving into this state from another state or country.

Acts 1981, 67th Leg., p. 1441, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 167.030. DISINFECTION OF CONVEYANCE. (a) A person,

including a railway or transportation company, who operates a

conveyance into which livestock are loaded shall clean and

disinfect each car or other conveyance after removal of the

livestock unless the livestock are clean and free from ticks or

exposure to ticks.

(b) The commission shall adopt rules relating to the cleaning

and disinfecting of conveyances.

Acts 1981, 67th Leg., p. 1441, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 167.031. USE OF SAND AS BEDDING IN CONVEYANCE. The

commission may establish quarantines and restrict the use of sand

as bedding in a livestock conveyance except for sand from known

tick-free sand pits.

Acts 1981, 67th Leg., p. 1441, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 167.032. MOVEMENT OF COMMODITIES. The commission may

establish quarantines and restrict the movement from quarantined

areas of hay, hides, carcasses, or other commodities that are

capable of carrying ticks.

Acts 1981, 67th Leg., p. 1441, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 167.033. HANDLING AND REMOVAL OF REFUSE OR DEAD OR INJURED

LIVESTOCK. The commission may establish quarantines and regulate

the removal and handling of refuse matter from quarantined

stockyards, quarantined stock pens, and other quarantined places

and may establish quarantines and regulate the handling or

removal of livestock that die or are injured in transit.

Acts 1981, 67th Leg., p. 1442, ch. 388, Sec. 1, eff. Sept. 1,

1981.

SUBCHAPTER C. DIPPING

Sec. 167.051. LIVESTOCK SUBJECT TO DIPPING. (a) Livestock

located in the tick eradication area are subject to dipping if

the livestock:

(1) are infested with ticks;

(2) were exposed to ticks within the nine months preceding an

order to dip; or

(3) are on premises described in an order to dip during the time

that the order is in effect and the person to whom the order is

issued is the owner, part owner, or caretaker of the livestock.

(b) Livestock located in the free area are subject to dipping

if:

(1) the livestock are infested with ticks;

(2) the livestock were exposed to ticks within the nine months

preceding an order to dip;

(3) the livestock are on premises described in an order to dip

during the time the order is in effect and the person to whom the

order is issued is the owner, part owner, or caretaker of the

livestock; or

(4) the commission determines that dipping is necessary to

ensure that the livestock are entirely free from infestation.

(c) The commission may require the dipping of livestock that are

located in the free area and are tick infested or have been

exposed to ticks regardless of whether the livestock or the area

in which the livestock are located is under quarantine.

Acts 1981, 67th Leg., p. 1442, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 167.052. ORDER TO DIP. (a) The commission may order the

owner, part owner, or caretaker of livestock to dip the livestock

in accordance with the directions of the commission. The order

must be dated, in writing, and signed or stamped with the

signature of the commission or the presiding officer of the

commission.

(b) An order to dip must:

(1) state the period of time covered by the order;

(2) describe the premises on which the livestock to be dipped

are located;

(3) state that the person to whom the order is directed shall

dip all livestock of which the person is the owner, part owner,

or caretaker and which are located on those premises during that

time;

(4) state that the dipping must be done under the supervision of

an inspector;

(5) designate the vat at which the livestock are to be dipped;

(6) state the dates on which the livestock are to be dipped; and

(7) state that if the person does not dip the livestock on those

dates, the dipping will be done at the person's expense by a

peace officer acting in accordance with this chapter.

(c) The order is not required to describe the premises on which

the livestock are located by field notes or metes and bounds, but

must provide a reasonable description sufficient to inform the

person to whom it is directed of the premises or land covered by

the order.

(d) An order may require the dipping of the livestock on as many

dates as the commission considers necessary for eradicating the

infestation or exposure of the livestock or the premises on which

the livestock is located.

(e) An order to dip must be delivered to the person to whom it

is directed not later than the 12th day before the date specified

in the order for the first dipping, not including the date of

delivery or the date of the first dipping.

(f) A person to whom an order to dip is directed shall comply

with the order and dip the livestock in accordance with the

directions of the commission. If the order is not delivered

within the time provided by Subsection (e) of this section, the

person receiving the order shall begin dipping on the first

dipping date that is more than 12 days after the date of receipt

of the order and shall continue dipping on subsequent dates as

specified in the order.

(g) If the livestock or the premises are not freed from ticks or

exposure to ticks before an order to dip expires, the Commission

may issue additional orders regardless of whether the livestock

were exposed to ticks in the nine months preceding the date of

the subsequent order.

Acts 1981, 67th Leg., p. 1442, ch. 388, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 1995, 74th Leg., ch. 554, Sec. 32, eff.

Sept. 1, 1995.

Sec. 167.053. HEARING. (a) A person is entitled to request and

obtain a hearing for the purpose of protesting an order to dip by

filing a sworn application with the supervising inspector of the

county in which the livestock are located. The application must

be filed not later than the 10th day after the day on which the

order was received.

(b) Following a hearing, the commission shall transmit its

written decision to the supervising inspector, who shall transmit

it to the protesting person by delivering it in person or by

mailing it by registered mail to the address shown in the hearing

application. If the commission overrules the protest, the person

to whom the order was directed shall comply with the order.

(c) If the commission's decision is delivered in person, a

person whose protest is overruled shall begin dipping the

livestock on the first dipping date in the order that is more

than two days after the day on which the decision is received. If

the decision is delivered by mail, the person shall begin dipping

on the first dipping date in the order that is more than four

days after the day on which the decision was deposited in the

mail.

Acts 1981, 67th Leg., p. 1443, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 167.054. EXCUSE FROM COMPLIANCE WITH ORDER. The

supervising inspector of a county for good cause may excuse a

person from complying with an order to dip, but shall be held

responsible for excusing compliance without good cause.

Acts 1981, 67th Leg., p. 1443, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 167.055. PERSONS RESPONSIBLE FOR DIPPING AND ASSISTANCE.

(a) A person who owns any interest in livestock subject to

dipping or who is the caretaker of that livestock is responsible

for the dipping of the livestock under this chapter and is

subject to prosecution for failure to dip the livestock.

(b) A husband and wife are jointly and severally liable for the

dipping of livestock subject to dipping that belong to their

community estate. Each spouse is responsible for the dipping of

livestock belonging to that person's separate estate, except that

a spouse who is the caretaker of livestock owned by the other

spouse is responsible for the dipping of that livestock.

(c) A person responsible for the dipping of livestock subject to

dipping shall furnish all necessary labor, at the person's own

expense, for gathering the livestock, driving the livestock to

the dipping vat, dipping the livestock, and returning the

livestock to the person's premises after dipping.

Acts 1981, 67th Leg., p. 1443, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 167.056. MANNER OF DIPPING. If the commission requires

livestock to be dipped, the livestock shall be submerged in a

vat, sprayed, or treated in another sanitary manner prescribed by

the commission.

Acts 1981, 67th Leg., p. 1444, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 167.057. DIPPING MATERIALS. (a) The commission shall

prescribe by rule the official materials in which livestock are

to be dipped under this chapter. A person may not dip livestock

for purposes of this chapter in a material other than an official

material prescribed by the commission.

(b) The state, an agency of the state, or an agency of the

government of the United States shall, and a county may, furnish

the official materials for the dipping of livestock under this

chapter.

Acts 1981, 67th Leg., p. 1444, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 167.058. DIPPING INTERVALS. A person to whom an order to

dip is directed shall dip the livestock on the dates specified in

the order, but the order of the commission must provide an

interval of at least 13 days, not including any part of a dipping

date, between the days on which it directs the livestock to be

dipped. The order of the commission may provide an interval

longer than 13 days.

Acts 1981, 67th Leg., p. 1444, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 167.059. DIPPING FACILITIES. (a) The commissioners court

of each county, including a county in the free area, in all or

part of which the commission conducts tick eradication shall

cooperate with the commission and shall furnish facilities

necessary to the dipping of livestock in that county. The

commissioners court shall furnish dipping vats, pens, chutes, and

other necessary facilities in the number, at the locations, and

of the type specified by the commission. In addition, the county,

at its expense, shall maintain the facilities and repair or

remodel them as necessary, shall provide the water for filling

the vats, and shall clean and refill the vats as necessary.

(b) For the purpose of constructing, purchasing, or leasing

dipping facilities, and for the purpose of providing necessary

land, labor, or materials, a commissioners court may appropriate

money out of the general fund of the county or may incur

indebtedness by the issuance of warrants. A warrant issued may

not draw interest at a rate of more than six percent per year and

may not have a term of more than 20 years. The commissioners

court may levy taxes to pay interest on warrants and may

establish a sinking fund for the payment of warrants.

(c) For the purpose of acquiring necessary land for the

construction or maintenance of dipping facilities, for the

purpose of acquiring dipping facilities that have already been

constructed, or for the purpose of acquiring land necessary for

ingress and egress to and from those facilities, a commissioners

court has the power of eminent domain. The commissioners court

shall exercise the power of eminent domain in the manner provided

by law for acquiring land for the building and maintenance of

public buildings, except that the court shall institute and

prosecute condemnation proceedings on written request from the

presiding officer of the commission. The request from the

commission shall designate:

(1) the land to be condemned and its location;

(2) the name of the owner of the land to be condemned; and

(3) the easement to be acquired for ingress and egress.

(d) In acquiring land or facilities by eminent domain, the

commissioners court may retain the property for permanent use by

making appropriate compensation or may acquire the property for

temporary use by making proper compensation for the period of

time determined necessary by the commissioners court.

Acts 1981, 67th Leg., p. 1444, ch. 388, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 1995, 74th Leg., ch. 554, Sec. 33, eff.

Sept. 1, 1995.

Sec. 167.060. DIPPING REQUIRED FOR MOVEMENT FROM QUARANTINED

AREA. (a) An inspector may not issue a certificate or permit

for the movement of livestock from a quarantined enclosure unless

the owner or caretaker of the livestock:

(1) is cooperating with the commission in the regular systematic

dipping of the livestock listed in Subsection (b) of this

section; and

(2) has dipped those livestock on the last two dipping dates

that were prescribed for the area in which the livestock are

located and that preceded the date of movement.

(b) In order to be issued the permit or certificate, the owner

or caretaker must cooperate with the commission in the regular

systematic dipping of livestock of which the person is the owner

or caretaker and which:

(1) are located in the enclosure from which the livestock are to

be moved;

(2) are located in quarantined enclosures that connect with the

enclosure from which the livestock are to be moved, including an

enclosure that:

(A) connects with an enclosure that connects with the enclosure

from which the livestock are to be moved; or

(B) is on the opposite side of a lane or road from the enclosure

from which the livestock are to be moved; or

(3) are located on the quarantined open range that connects with

any of the enclosures under Subdivision (1) or (2) of this

subsection.

(c) If ticks are found on any of the livestock submitted for

movement, before the certificate or permit is issued, each head

of the livestock must be dipped at intervals of not less than

every 7th day nor more than every 14th day and found free from

ticks at the last dipping.

(d) The commission may waive the enforcement of this section for

good cause. A waiver of the commission must be in writing.

Acts 1981, 67th Leg., p. 1445, ch. 388, Sec. 1, eff. Sept. 1,

1981.

SUBCHAPTER D. STOCKYARD REGULATION

Sec. 167.081. DESIGNATION OF FACILITY TO HANDLE CERTIFIED

LIVESTOCK. (a) The commission may designate a stockyard that is

in the tick eradication area or in the free area and is open to

the public for yarding, marketing, and selling livestock as a

facility to handle intrastate movements of livestock certified by

an inspector to be free from ticks or exposure to ticks. A

stockyard so designated shall provide tick-free facilities for

the handling of that livestock in accordance with this

subchapter.

(b) A designation under this section is effective for 24 months

following the day on which notice is served, and the commission

may redesignate a facility for the purpose of this section.

Acts 1981, 67th Leg., p. 1445, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 167.082. NOTICE AND HEARING. (a) The commission shall

give written notice of a designation under this subchapter to the

stockyard company or to the owner, operator, or other person in

control of the stockyard.

(b) A person to whom a notice is directed may request a hearing

for the purpose of protesting the designation in the manner

provided by Section 167.053 of this code for requesting a hearing

on an order to dip. The commission shall grant the hearing and

give notice of its decision in the manner provided by that

section.

(c) A person whose protest is overruled shall complete the work

required to provide tick-free facilities not later than the 60th

day following the day on which the person receives notice of the

commission's decision.

Acts 1981, 67th Leg., p. 1446, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 167.083. MAINTENANCE OF TICK-FREE FACILITIES. (a) A

person who owns or operates and is in control of a stockyard

designated under this subchapter shall maintain clean and

tick-free facilities, including pens, alleys, and chutes, so that

livestock certified by an inspector to be free from ticks or

exposure to ticks may be received, yarded, weighed, and sold for

intrastate purposes without being subject to exposure to ticks.

(b) In accordance with Subsection (a) of this section, the owner

or operator shall maintain tick-free scales, entrances, exits,

pens, and territory immediately surrounding the pens.

(c) The stockyard company, owner or operator, or other person in

control of a stockyard may not discriminate between interstate

and intrastate handling of livestock.

Acts 1981, 67th Leg., p. 1446, ch. 388, Sec. 1, eff. Sept. 1,

1981.

SUBCHAPTER E. ENFORCEMENT

Sec. 167.101. INSPECTORS. (a) The commissioners court of a

county in which the commission conducts tick eradication may

nominate the number of local inspectors found by the commission

to be necessary for tick eradication in that county. The

commission shall appoint those persons nominated unless,

following appointment of local inspectors, the commission finds

that the county is trying to retard tick eradication or is

nominating persons who are incompetent or negligent in the

performance of duty. In that case, the commission may ignore the

nominations of the county.

(b) If a commissioners court fails or refuses to nominate

persons as local inspectors, the commission shall appoint local

inspectors without nomination.

(c) Local inspectors work under the direction and orders of the

commission and are subject to discharge by the commission. The

commission shall fix and the state shall pay the salaries of

local inspectors, but a county may pay the salary and traveling

expenses of a local inspector.

(d) The commission may employ county and district supervising

inspectors without nomination by the commissioners courts.

(e) Only an inspector appointed for the purpose may conduct tick

eradication or issue permits and certificates certifying

livestock to be free from ticks or exposure to ticks. An

inspector shall issue those permits and certificates in

accordance with the rules of the commission.

Acts 1981, 67th Leg., p. 1446, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 167.102. ENTRY POWER. (a) A commissioner or an inspector,

and assistants, may enter public or private property, without a

warrant, for the exercise of an authority or performance of a

duty under this chapter.

(b) If an inspector or commissioner desires to be accompanied by

a peace officer, the inspector or commissioner 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.

(c) The search warrant shall describe the place to be entered in

a reasonable manner that will enable the person in charge 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. If the applicant for the warrant seeks to enter the

property to determine whether livestock are on the property, the

application for the warrant shall state that. If the warrant is

obtained for the purpose of seizing or dipping livestock, the

application and the warrant shall describe the livestock, state

whether the animals are cattle, horses, mules, jacks, or jennets,

and give the approximate number of animals. If any of that

information is unknown to the applicant, the application and

warrant shall state that the information is unknown.

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

person to whom it is issued to enter the property for the

exercise of an authority or performance of a duty under this

chapter and to be accompanied by a peace officer and assistants.

In addition, the warrant authorizes the peace officer and the

assistants to perform any duty authorized by this chapter.

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

reentry for the purposes of this section for a period of 60 days

beginning on 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. 1447, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 167.103. DIPPING OF CATTLE BY PEACE OFFICER ON REQUEST OF

INSPECTOR. (a) If a person responsible for dipping livestock

fails to dip the livestock at the time and place directed in the

order or, prior to a dipping date in the order, states that he or

she does not intend to dip the livestock, the inspector in charge

of tick eradication in that county shall notify a peace officer.

(b) The peace officer shall deputize a sufficient number of

assistants, to be designated by the supervising inspector of the

county, shall enter the property on which the livestock are

located, and shall gather and dip the livestock under the

supervision of an inspector and in accordance with the directions

of the commission.

(c) The peace officer shall continue to dip the livestock on

each dipping date specified in the order until the person

responsible for dipping begins and continues the dipping in

accordance with that order.

Acts 1981, 67th Leg., p. 1447, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 167.104. SEIZURE AND DISPOSAL OF LIVESTOCK RUNNING AT

LARGE. (a) An inspector may request a peace officer to seize

livestock if:

(1) the inspector determines the livestock to be running at

large or on the open range of a county or part of a county in

which the commission is conducting tick eradication under this

chapter; and

(2) the inspector is unable to locate the owner or caretaker of

the livestock.

(b) The peace officer may deputize assistants, shall seize the

livestock, and shall dip the livestock, under the supervision of

an inspector. The officer shall impound the livestock at a place

designated by the inspector or otherwise dispose of the livestock

as necessary for the purpose of tick eradication.

Acts 1981, 67th Leg., p. 1448, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 167.105. SEIZURE AND DISPOSAL OF LIVESTOCK MOVED IN

VIOLATION OF QUARANTINE. (a) An inspector who discovers

livestock that are being or have been moved in violation of a

quarantine may request a peace officer to seize the livestock

and:

(1) impound the livestock at the expense of the owner; or

(2) if practicable, return the livestock at the expense of the

owner to the point of origin.

(b) In addition to other expenses, the owner of the seized

livestock shall pay the officer a fee of $2 and the cost of

feeding, watering, and holding the livestock.

Acts 1981, 67th Leg., p. 1448, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 167.106. INJUNCTION; MANDAMUS. (a) The commission or a

resident of this state may sue for an injunction to compel

compliance with a provision of this chapter or to restrain a

threatened violation of a provision of this chapter.

(b) A resident of this state may sue for mandamus against a

commissioners court to compel the compliance of that court with

the duty of the commissioners court under this chapter.

(c) The commission or a resident of a county or part of a county

in which tick eradication is being conducted may sue for

permanent or temporary relief to compel a person who is an owner,

part owner, or caretaker of livestock to dip that livestock in

accordance with this chapter if the person has failed or refused

to dip the livestock or has threatened to fail or refuse to dip

the livestock. If the court finds that the defendant has been

served with an order of the commission to dip the livestock, that

the livestock are subject to dipping, and that the material

allegations of the plaintiff's petition are true, the court shall

enter an order commanding the defendant to dip the livestock in

accordance with the directions of the commission at the time and

place designated in the order of the commission or in the order

of the court. If the defendant fails to comply with the order of

the court, the court may hold the defendant in contempt and

punish the defendant accordingly and shall order a peace officer

to deputize assistants and dip the livestock in accordance with

the order of the court. The expense of dipping the livestock and

employing the peace officer and assistants shall be taxed against

the defendant as a cost of suit.

(d) A court may hear and determine a suit under this section in

term or in vacation. Notice of the suit shall be given to the

defendant as the court determines justice requires.

Acts 1981, 67th Leg., p. 1448, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 167.107. SALE OF LIVESTOCK DIPPED OR SEIZED BY PEACE

OFFICER. (a) A peace officer who gathers and dips or who seizes

and impounds or disposes of livestock under Section 167.103,

167.104, or 167.105 of this code is entitled to retain and sell

the livestock for the purpose of securing payment for the

expenses of handling, including the expenses of holding, feeding,

and watering the livestock.

(b) Not later than the 60th day after the day on which livestock

are dipped or seized, the peace officer may sell at public sale

to the highest bidder a number of the animals sufficient to cover

the secured expenses. The officer shall conduct the sale at the

courthouse door of the county in which the livestock are located

and shall post notice of the sale at that courthouse door at

least five days before the day of the sale.

(c) If any proceeds of the sale remain after deducting the

amount to which the peace officer is entitled, the peace officer

shall pay those proceeds to the county treasurer subject to the

order of the owner of the livestock.

(d) A peace officer who dips livestock under Section 167.103 of

this code is entitled to act under this section to secure the

expenses of each day on which the animals are dipped.

Acts 1981, 67th Leg., p. 1449, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 167.108. LIENS. (a) A peace officer who gathers and dips

or who seizes and impounds or disposes of livestock under Section

167.103, 167.104, or 167.105 of this code has a lien on the

livestock for the purpose of securing payment of the officer's

fees and the expenses of handling the livestock, including the

expenses of holding, feeding, and watering the livestock and the

expenses of paying assistants. Instead of retaining and selling

the livestock under Section 167.107 of this code, the officer may

perfect and foreclose a lien granted by this section.

(b) A peace officer who dips livestock in accordance with an

order of a court under Section 167.106(c) of this code, and the

peace officer's assistants, have a lien on the livestock to

secure payment of the expenses and costs of the dipping.

(c) A peace officer may perfect a lien under Subsection (a) of

this section by filing a sworn statement of indebtedness with the

county clerk of the county in which the livestock are located.

The statement must describe the livestock and must be filed

within six months after the dipping or other action of the peace

officer giving rise to the lien. The statement may cover a single

action or actions over a period of time. If the statement covers

actions over a period of time, the statement must be filed within

six months after the last dipping or other action giving rise to

the lien.

(d) A peace officer may perfect a lien under Subsection (b) of

this section by filing a sworn statement covering a single

dipping or a number of dippings with the clerk of the district

court. The statement must show the number of livestock dipped and

must describe the livestock. The statement must be filed within

12 months after each dipping.

(e) A peace officer may foreclose a lien under Subsection (a) of

this section by filing suit against the owner of the livestock in

a court of competent jurisdiction for collection of the account

and foreclosure of the lien. The suit must be filed within 24

months after the statement is filed with the county clerk. In the

suit, the court may not require a cost bond of the peace officer

or any person to whom the peace officer has assigned the account.

The court shall enter judgment for the debt, with interest and

costs of suit, and for foreclosure of the lien on the number of

animals that the court determines necessary to defray the

expenses and fees secured.

(f) The court shall foreclose a lien under Subsection (b) of

this section after the filing of the statement and shall do so

against the number of animals necessary for the payment of the

expenses and costs. The court shall order those animals sold as

under execution.

(g) If a lien is foreclosed under this section, the remainder of

the proceeds of the sale following deduction of expenses and

costs shall be paid to the clerk of the court in which the suit

is pending and are subject to the order of the owner of the

livestock.

Acts 1981, 67th Leg., p. 1449, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 167.109. ADMISSIBILITY OF COMMISSION INSTRUMENTS;

IDENTIFICATION IN COMPLAINT. (a) A copy of a written instrument

issued by the commission is admissible as evidence in any court

of this state if the copy is certified by the presiding officer

of the commission.

(b) In a prosecution for a violation of this chapter, the state

is not required to include in the complaint, information, or

indictment a verbatim copy of a written instrument or

proclamation, but may allege the issuance and identify it by date

of issuance.

(c) In the trial of a civil or criminal case under this chapter,

in which a certified copy of a commission written instrument or a

proclamation is to be introduced in evidence, the instrument or

proclamation is not required to be filed with the papers of the

cause and the party introducing it is not required to give notice

of it to the other party.

Acts 1981, 67th Leg., p. 1450, ch. 388, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 1995, 74th Leg., ch. 554, Sec. 34, eff.

Sept. 1, 1995.

Sec. 167.110. PRESUMPTION OF EXISTENCE OR SUFFICIENCY OF DIP.

(a) In the trial of any case under this chapter in connection

with the dipping of livestock or the failure to dip livestock, it

is presumed that:

(1) the dipping vat contained a sufficient amount of dipping

solution and the dipping solution had been properly tested; or

(2) the dipping solution could have and would have been put into

the vat and tested if the owner or caretaker had brought the

livestock to the vat for the purpose of dipping.

(b) In a criminal prosecution for failure to dip livestock under

this chapter, the state is not required to allege and prove that

the vat contained dipping solution.

(c) If it is necessary in a court proceeding to prove the test

of a dipping solution, it is only necessary to prove that:

(1) the dipping solution used was one of the official dipping

materials prescribed by the commission; and

(2) the inspector tested the dipping solution in accordance with

the rules of the commission.

Acts 1981, 67th Leg., p. 1450, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 167.111. PRESUMPTION OF OWNERSHIP OR CARE. (a) If an

inspector determines that a person is the owner, part owner, or

caretaker of livestock subject to dipping and an order to dip is

issued and served, it is presumed that, at the time of a failure

to dip, the person was still the owner, part owner, or caretaker

of livestock subject to dipping located on the premises described

in the order. In that case, the state is required to prove only

that the person was the owner, part owner, or caretaker of

livestock subject to dipping located on the premises at the time

the order was served.

(b) After the service of an order to dip, if there are no longer

any livestock subject to dipping located on the premises and if

no livestock subject to dipping have been illegally removed, the

defendant may file a sworn statement of that fact at the

beginning of the trial. If the defendant does not file that

statement, it is presumed that the defendant's status as owner,

part owner, or caretaker remained unchanged since the service of

the order.

Acts 1981, 67th Leg., p. 1451, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 167.112. VENUE OF CRIMINAL PROSECUTION. The owner, part

owner, or caretaker of livestock is subject to prosecution under

this chapter in the county in which the livestock and the

premises are located, regardless of whether the defendant was in

the county at the time of issuance and service of the order to

dip, at the time of the failure to dip, or at the time of

violation of the quarantine.

Acts 1981, 67th Leg., p. 1451, ch. 388, Sec. 1, eff. Sept. 1,

1981.

Sec. 167.113. CIVIL SUIT AGAINST CORPORATE OFFENDER. If a

corporation or an agent of the corporation acting within the

agent's scope of authority commits an offense under this chapter,

the county attorney of the county in which the violation occurs

shall institute a civil suit on behalf of the state in a court of

competent jurisdiction for collection of the fine.

Acts 1981, 67th Leg., p. 1451, ch. 388, Sec. 1, eff. Sept. 1,

1981.

SUBCHAPTER F. PENALTIES

Sec. 167.131. REFUSAL OF INSPECTION. (a) A person commits an

offense if, as the owner, part owner, or caretaker of livestock,

the person fails to gather the livestock for inspection at the

time and place ordered by the commission under Section 167.008 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.

Acts 1981, 67th Leg., p. 1451, ch. 388, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 1989, 71st Leg., ch. 836, Sec. 56, eff.

Sept. 1, 1989; Acts 1993, 73rd Leg., ch. 548, Sec. 21, eff. Sept.

1, 1993.

Sec. 167.132. MOVEMENT OF LIVESTOCK IN VIOLATION OF QUARANTINE.

(a) A person commits an offense if the person moves, or as

owner, part owner, or caretaker permits the movement of,

livestock from any land, premises, or enclosure that is under

quarantine for tick infestation or exposure in violation of the

quarantine without a permit issued by an inspector of the

commission or of the Animal and Plant Health Inspection Service,

United States Department of Agriculture.

(b) A railroad or other transportation company commits an

offense if it permits a head of livestock to enter stock pens in

the tick eradication area under the company's control without a

written certificate or permit from an inspector of the commission

or of the Animal and Plant Health Inspection Service, United

States Department of Agriculture.

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

each head of livestock moved, permitted to move, or permitted to

enter the pen 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.

(d) Except as provided by this subsection, a person commits a

separate offense under Subsection (a) of this section for each

county into which livestock are moved within 30 days following

the day on which the livestock leave the county in which they

were quarantined. A person does not commit an offense for a

county if the person complied with the requirements of this

chapter prior to entry into that county.

Acts 1981, 67th Leg., p. 1451, ch. 388, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 1989, 71st Leg., ch. 836, Sec. 57, eff.

Sept. 1, 1989; Acts 1993, 73rd Leg., ch. 548, Sec. 22, eff. Sept.

1, 1993.

Sec. 167.133. MOVEMENT OF ANIMALS OR COMMODITIES INTO TEXAS FROM

QUARANTINED AREA. (a) A person commits an offense if the

person:

(1) moves livestock or, as owner, part owner, or caretaker,

permits livestock to be moved into this state in violation of

Section 167.026(a) of this code; or

(2) moves animals or commodities into this state in violation of

Section 167.026(b) or (c) of this code.

(b) An offense under Subsection (a)(1) of this code is a Class C

misdemeanor for each head of livestock moved or permitted to be

moved 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) An offense under Subsection (a)(2) 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. A person commits a separate offense under that

subsection for the movement of each animal, each animal product,

or each shipment of another commodity.

Acts 1981, 67th Leg., p. 1452, ch. 388, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 1989, 71st Leg., ch. 836, Sec. 58, eff.

Sept. 1, 1989; Acts 1993, 73rd Leg., ch. 548, Sec. 23, eff. Sept.

1, 1993.

Sec. 167.134. MOVEMENT OF LIVESTOCK IN VIOLATION OF PERMIT OR

CERTIFICATE. (a) A person commits an offense if the person

moves or, as owner, part owner, or caretaker, permits the

movement of, livestock under a certificate or permit from

quarantined land, premises, or enclosures to a place other than

that designated on the certificate or permit by the inspector.

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

each head of livestock moved 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. 1452, ch. 388, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 1989, 71st Leg., ch. 836, Sec. 59, eff.

Sept. 1, 1989; Acts 1993, 73rd Leg., ch. 548, Sec. 24, eff. Sept.

1, 1993.

Sec. 167.135. FAILURE TO POSSESS OR EXHIBIT PERMIT OR

CERTIFICATE. (a) A person commits an offense if the person is

in charge of livestock for which a certificate or permit is

required or is in charge of the conveyance transporting that

livestock and the person fails to possess or exhibit the

certificate or permit in the manner provided by Section 167.027

of this code.

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

each head of livestock moved or conveyed without a certificate or

permit as required by Subsection (a) of this section 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. 1452, ch. 388, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 1989, 71st Leg., ch. 836, Sec. 60, eff.

Sept. 1, 1989; Acts 1993, 73rd Leg., ch. 548, Sec. 25, eff. Sept.

1, 1993.

Sec. 167.136. FAILURE TO MAKE STATEMENT OF POSSESSION AND

DESTINATION; MAKING FALSE STATEMENT. (a) A person required by

Section 167.028 of this code to make a written statement commits

an offense if the person:

(1) fails or refuses to make the statement in accordance with

that section; or

(2) makes a false statement under that section.

(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. 1452, ch. 388, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 1989, 71st Leg., ch. 836, Sec. 61, eff.

Sept. 1, 1989; Acts 1993, 73rd Leg., ch. 548, Sec. 26, eff. Sept.

1, 1993.

Sec. 167.137. FAILURE TO DISINFECT CONVEYANCE. (a) A person

required by Section 167.030 of this code to clean and disinfect a

conveyance commits an offense if the person fails or refuses to

clean and disinfect the conveyance in accordance with the rules

of the commission.

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

each car or other means of conveyance not cleaned and disinfected

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. 1453, ch. 388, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 1989, 71st Leg., ch. 836, Sec. 62, eff.

Sept. 1, 1989; Acts 1993, 73rd Leg., ch. 548, Sec. 27, eff. Sept.

1, 1993.

Sec. 167.138. USE OF SAND AS BEDDING. (a) A person commits an

offense if the person uses sand as bedding in a livestock

conveyance in violation of a quarantine established or a

commission rule adopted under Section 167.031 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.

Acts 1981, 67th Leg., p. 1453, ch. 388, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 1989, 71st Leg., ch. 836, Sec. 63, eff.

Sept. 1, 1989; Acts 1993, 73rd Leg., ch. 548, Sec. 28, eff. Sept.

1, 1993.

Sec. 167.139. MOVEMENT OF COMMODITIES FROM QUARANTINED AREA.

(a) A person commits an offense if the person moves a commodity

capable of carrying ticks from a quarantined area in violation of

a quarantine established or a commission rule adopted under

Section 167.032 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.

Acts 1981, 67th Leg., p. 1453, ch. 388, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 1989, 71st Leg., ch. 836, Sec. 64, eff.

Sept. 1, 1989; Acts 1993, 73rd Leg., ch. 548, Sec. 29, eff. Sept.

1, 1993.

Sec. 167.140. IMPROPER HANDLING AND REMOVAL OF LIVESTOCK REFUSE

OR DEAD OR INJURED LIVESTOCK. (a) A person commits an offense

if the person violates a quarantine established or a commission

rule adopted under Section 167.033 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 bee