The Attorney General of Texas 

July 25, 1983 

JIM MATTOX 

Attorney General 

806 Broadway. Suite 312 

Lubbock. TX, 79401.3479 

8061747-5238 

4309 i-4 Tenth. suite e 

McAllen. TX. 78501~1685 

5121682-4547 

200 MaIll Plaza. Suite 400 

San A,ltOnlO. TX 78205.2797 

5,21225~4191 

John W. Holcombe. DVM 

Executive Director 

opinion NO.JM-47 

Texas Animal Health Commission 

P. 0. Box 12966 

Austin, Texas 7x711 

Re: Authority of the Texas 

Animal Ilealth Commission to 

use Form 2-71 pertaining to 

inspections of livestock 

moving interstate 

Dear Dr. Holcombe: 

You ask the following questions: 

1. May the Texas Animal Health Commission 

provide inspections for livestock moving from 

Texas to another state? 

2. May the commission use Form 2-71 for this 

purpose even though it is not mentioned in the 

statutes governing the commission? 

We answer both of your questions in the affirmative. 

Chapter 161 of the Agriculture Code creates and sets forth the 

duties and powers of the Texas Animal Health Commission. The 

commission is required to protect all ljvestock from various diseases 

under section 161.041 of the Agriculture Code and is empowered, inter 

alia. 

AgriC. 

to promulgate rules necessary for the enforcement of its duties. 

Code §161.046. Section 161.048 of the code specifically 

permits "aI1 agent" of the commission to stop and inspect any shipment 

of livestock being transported in this state. The section sets forth 

the following: 

(a) An agent of the commission is entitled to 

stop and inspect a shipment of livestock or 

livestock products being transported in [.his state 

in order to: 

(1) determine if the shipment is in 

compliance with the laws and rules administered 

by the commission affecting the shipment; 

(2) determine if the shipment originated 

from a quarantined area or herd; or 

p. 204 
Dr. John W. Holcombe - Page 2 (JM-47) 

(3) determine if the shipment presents a 

danger to the public health or livestock 

industry through insect infestation or through 

a communicable or noncommunicable disease. 

(b) The commission x detain a shipment of 

livestock or livestock products that is being 

transported in violation of law or a rule of the 

commission. The commission x require that the 

shipment be unloaded at the nearest available 

loading facility. 

(c) The commission may not inspect a railroad 

train at any point other than a terminal. 

(d) The commission may post signs on public 

highways and use signaling devices, including red 

lights, in conjunction with signs, if necessary to 

effectively signal and stop vehicles for 

inspection. 

(a) In this section, 'livestock product' 

includes hides; bones; hoofs; horns; viscera; 

parts of animal bodies; litter, straw, or hay used 

for bedding; and any other substance capable of 

carrying insects or a disease that may endanger 

the li~vestock industry. (Emphasis added). 

See also Agric. Code §§161.041, 161.043, 161.044, 161.047. 

There is no necessity for construction when a statute is 

expressed in unambiguous language and its meaning Is clear and 

obvious. Trimmier v. Carlton, 264 S.W. 253, 263 (Tex. Civ. App. - 

Austin 1924, writ granted). See aho. Gilmore v. Waples, 188 S.W. 

1037, 1038 (Tex. 1916); Railroad Commission of Texas v. Miller, 434 

S.W.Zd 670, 672 (Tex. 1968); National Life Insurance Company v. 

S_te_ga 11) 169 S.W.:d 155, 157 (Tex. 1943). The word " may It ordinarily 

connotes discretion or permission, District Grand Lodge No. 25 G.U.0, 

of O.F. v. Jones, 160 S.W.2d 915, 922 (Tex. 1942), and it will not be 

treated as a word of command unless there is somethine in the context 

or subject matter of the act to indicate that it was used in that 

Se*Se. San Angelo National Bank v. Fitzpatrick, 30 S.W. 1053, 1054 

(Tex. 1895). Accordingly, we construe section 161.048, Agriculture 

Code, to repose in the Texas Animal Health Commission discretion to 

stop and inspect any shipment of livestock for the reasons set forth 

in the statute. The commissioner's discretion to inspect is in 

contrast to the mandatory inspection procedure established in 50 

designated counties by section 146.051 et seq. of the Agriculture 

Code, which creates a county office of inspector of hides and animals. 

p. 205 
Dr. John W. Holcombe - Page 3 (JM-47) 

Your second question asks whether a form adopted by the 

commissioner, Form 2-71, may be used for the purpose of conducting 

livestock inspections even though it is not mentioned in the Statutes 

governing the commission. We conclude that it may. You have informed 

us that Some States will accept this certification in lieu of an 

official health certificate issued by a veterinarian. We cSn find no 

statute, nor have you directed "8 to one, which requires veterinarian 

certification for inspections. Section 161.048 permits "an agent" of 

the commission to conduct inspections; there is no requirement that 

inspections be conducted by veterinarians. The form, which you 

included for our examination, need be signed only by an "inspector," 

and there is no requirement that he be a veterinarian. Thus, we 

conclude that the form which you submitted to us may be used by the 

commission for purposes of conducting inspections pursuant to section 

161.048 of the Agriculture Code. 

SUMMARY 

(1) The Texas Animal Health COrnmiSSiOn may, St 

its discretion, conduct inspections of livestock 

moving from Texas to another state; it is not 

required to do so. (2) The Texas Animal Health 

Commission may employ Form 2-71 for the purpose of 

conducting such inspections. 

Vet-y ruly you 

s k k/ 

JIM MATTOX 

Attorney General of Texas 

TOM GREEN 

First Assistant Attorney General 

DAVID R. RICHARDS 

Executive Assistant Attorney General 

Prepared by Jim Moellinger 

Assistant Attorney General 

APPROVED: 

OP~lNION COMMITTEE 

Rick Gilpin, Acting Chairman 

Jon Bible 

David Brooks 

Colin Carl 

Jim Hoellinger 

George Warner 

p. 206