### 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 1020State 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 postmorteminspection.
Weare in receipt of your is stated as follows: request for opinion which

"Specifically, anopinion 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 donot place any restrictions on the movement of slaughter poultry into Texas."
Aninspection of Article 152513,Vernon's Penal Code reveals that Sections 10, 11, 12and 13govern the shipping of "livestock, cattle andhogs" into Texas.

Article 1505a of the Penal Code states in part as follows: 11

. . . "(b) Theterm "livestock" means, and shall include anybovine, equine, caprine, ovine or porcine animal.

. . .'
Theabove definition of “livestock” andthe use of the word “cattle” leads us to the conclusion that “poultry” maynot properly be considered livestock or cattle, and that therefore the provisions of Sections 10, 11, 12and 13donot apply to poultry.Dr. R. G. Garrett, page 2 (WV!-1305)

Code However, Section 9of Article 152513of 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 commoncarrier 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 ahealth certificate issued by aveterinarian authorized by or recognized by %heTexas Animal Health Commission onahealth certificate form prescribed In the rules and regulations of said Commission. Thesaid Commission shall provide In its rules and regulations for authorizing and recognizing veterinarians of this state andof other states andDepartments of the United States Government andnoveterinarian shall be considered as recognized or authorized busaid Commission. extent

moveinto-the State of Texas, or any railway or other commoncarrier 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 samebeing accompanied by said certificate shall be deemed guilty of amisdemeanor, andupon conviction thereof shall be fined any sumof not lessDr. R. G. Garrett, page 3~(WW-1305)

than Twenty-five Dollars 25.00) nor more than OneHundred Dollars 100.00) for each head of livestock andfor 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

Wenote from the above Article that all animals there enumerated including "domestic fowls," which are shipped into Texas mustbe subject to ahealth certificate on aform "prescribed in the rules andregulations of said Commission." Theform of the certificate is to be left to the discretion of the Commission, except that it must show "that said livestock, domestic animals, anddomestic fowls were inspected by said veterinarian sometime within the preceding ten days before they entered the State of Texas. andthat he found themto 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).

Wefeel from the legislative intent as expressed in Section 9that since the Texas Animal Health Commission may by its rules andregulations prescribe acertain health certificate which form mustbe executed before foreign poultry may enter Texas, that it also has the authority to promulgate any rules or regulations pertaining to the tests, immunizations, andtreatment of poultry coming into Texas for slaughtering. Thelast sentence of Section 9in excluding cattle, sheep, andhogs 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 sawfit.

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, andwe cannot infer samefrom Section 9which concerns health certificates only.. .

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

SUMMARY
TheTexas Animal Health Commission maynot require that all poultry shipped into Texas be consigned only to slaughtering establishments maintaining Federal post-mortem inspection. Anycontrol over poultry comes from Section 9of Article 1525b of Vernon's Penal Codewhich gives the Commission authority to require aspecial health certificate under rules andregulations of the Commission for all poultry shipped into Texas for slaughtering.
Yours very truly,

FDW:jkr:mkh
APPROVED: OPINIONCOMMITTEE
W.V. Geppert, Chairman Joseph Trimble Charles Lind Malcolm Quick WILLWILSON

REVIEWED

FORTHEATTORNEY GENERAL BY: Houghton Brownlee, Jr.