THE ORNEY GENERAL 

OF-XAS 

IVILL WILSON 

A-OR- GENERA=. 

April 9, 1962 

Dr. R. G. Garrett 

Executive Director 

Opinion No. WW-1305 

Texas Animal Health Commission Re: Whether the Texas 

1020 State Office Building 

Austin 1, Texas 

Dear Dr. Garrett: 

Animal Health Commission 

can require slaughter 

poultry being shipped 

into Texas to be consigned 

to slaughtering establishments maintaining 

Federal veterinary postmortem inspection. 

We are in receipt of your 

is stated as follows: 

request for opinion which 

"Specifically, an opinion is desired as to 

whether or not this Commission can require that all 

slaughter poultry being shipped into this State 

be consigned to slaughtering establishments 

maintaining Federal veterinary post-mortem inspection. Present regulations do not place any 

restrictions on the movement of slaughter poultry 

into Texas." 

An inspection of Article 152513, Vernon's Penal Code 

reveals that Sections 10, 11, 12 and 13 govern the shipping 

of "livestock, cattle and hogs" into Texas. 

Article 1505a of the Penal Code states in part as 

follows: 

11 

. . . 

"(b) The term "livestock" means, and shall 

include any bovine, equine, caprine, ovine or 

porcine animal. . . .' 

The above definition of “livestock” and the use of 

the word “cattle” leads us to the conclusion that “poultry” 

may not properly be considered livestock or cattle, and that 

therefore the provisions of Sections 10, 11, 12 and 13 do not 

apply to poultry. 
Dr. R. G. Garrett, page 2 (WV!-1305) 

Code 

However, Section 9 of Article 152513 of the Penal 

states as follows: 

“Sec. 9. It shall be unlawful for any 

person, firm or corporation to ship, drive, 

drift, haul, lead or otherwise move from 

any state, territory or foreign country into 

any county in the State of Texas, or for 

any railroad company or other common carrier 

to haul, ship, or transport into any county 

in the State of Texas from any state, territory, 

or foreign country, any rattle [except steers 

and spayed heifers), horses, mules, asses, sheep, 

goats, hogs, domestic animals or domestic fowls, 

except as hereinafter provided, unless the same 

are accompanied by a health certificate issued 

by a veterinarian authorized by or recognized by 

%he Texas Animal Health Commission on a health 

certificate form prescribed In the rules and 

regulations of said Commission. The said 

Commission shall provide In its rules and regulations for authorizing and recognizing veterinarians of this state and of other states 

and Departments of the United States Government 

and no veterinarian shall be considered as recognized or authorized bu said Commission. extent 

move into-the State of Texas, or any railway or 

other common carrier that shall haul, ship, or 

transport into the State of Texas any cattle 

(except steers and spayed heifers I, horses, mules, 

asses, sheep, goats, hogs, domestic animals or 

domestic fowls, in violation hereof without the 

same being accompanied by said certificate shall 

be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined any sum of not less 
Dr. R. G. Garrett, page 3~ (WW-1305) 

than Twenty-five Dollars 25.00) nor more 

than One Hundred Dollars 100.00) for each 

head of livestock and for each domestic 

animal or domestic fowl which said person, 

firm or corporation, railway or other common 

carrier ships, hauls, drives, drifts, transoorts. leads. or otherwise moves into the 

State-of Texas, in violation hereof. Cattle 

We note from the above Article that all animals 

there enumerated including "domestic fowls," which are shipped 

into Texas must be subject to a health certificate on a form 

"prescribed in the rules and regulations of said Commission." 

The form of the certificate is to be left to the discretion 

of the Commission, except that it must show "that said 

livestock, domestic animals, and domestic fowls were inspected 

by said veterinarian sometime within the preceding ten days 

before they entered the State of Texas. and that he found 

them to be-free of all infectious and contagious diseases, 

as such are determined by the Texas Animal Health Commission 

to be dangerous to livestock, and that said animals were 

subjected to such tests, immunizations, and treatment as 

required under regulations adopted by said Commission," among 

other requirements. (Emphasis added). 

We feel from the legislative intent as expressed in 

Section 9 that since the Texas Animal Health Commission may 

by its rules and regulations prescribe a certain health certificate which form must be executed before foreign poultry may 

enter Texas, that it also has the authority to promulgate any 

rules or regulations pertaining to the tests, immunizations, 

and treatment of poultry coming into Texas for slaughtering. 

The last sentence of Section 9 in excluding cattle, sheep, 

and hogs brought into Texas for slaughter purposes from certification evidences to us that the Commission was to require 

certification, under rules prescribed by them, for all other 

animals to be slaughtered if they saw fit. 

Authority is lacking, however for the Commission to 

require that all poultry shipped into Texas be consigned to 

particular establishments maintaining certain standards. The 

Legislature has not given this power to the Commission, and we 

cannot infer same from Section 9 which concerns health certificates only. 
. . 

Dr. R. G. Garrett, page 4 (WW-1305) 

SUMMARY 

The Texas Animal Health Commission may not require 

that all poultry shipped into Texas be consigned 

only to slaughtering establishments maintaining 

Federal post-mortem inspection. Any control over 

poultry comes from Section 9 of Article 1525b of 

Vernon's Penal Code which gives the Commission 

authority to require a special health certificate 

under rules and regulations of the Commission for 

all poultry shipped into Texas for slaughtering. 

Yours very truly, 

FDW:jkr:mkh 

APPROVED: 

OPINION COMMITTEE 

W. V. Geppert, Chairman 

Joseph Trimble 

Charles Lind 

Malcolm Quick 

WILL WILSON 

REVIEWED FOR THE ATTORNEY GENERAL 

BY: Houghton Brownlee, Jr.