# TheAttorney General ofTexas
July 25, 1983 JIM MATTOX Attorney General

806 Broadway. Suite 312 Lubbock. TX, 79401.3479 8061747-5238

4309 i-4Tenth. suite e McAllen. TX. 78501~1685 5121682-4547

200MaIll Plaza. Suite 400 San A,ltOnlO. TX 78205.2797 5,21225~4191 JohnW. Holcombe. DVM Executive Director opinion NO.JM-47
TexasAnimal Health Commission P.0.Box 12966 Austin, Texas 7x711 Re: Authority of the Texas Animal IlealthCommission 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 toanother state? 2. May the commission use Form 2-71 for this purpose even though it is not mentioned in the statutes governing thecommission?
Weanswer both ofyour questions intheaffirmative. Chapter 161 of the Agriculture Code creates and sets forth the duties and powers of the Texas Animal Health Commission. The commission isrequired toprotect all ljvestock fromvarious diseases under section 161.041 of theAgriculture Code and is empowered, inter alia. AgriC. topromulgate rulesnecessary fortheenforcement of itsduties.

Code §161.046. Section 161.048 of the code specifically permits "aI1agent" 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 [.hisstate inorder to: (1) determine if the shipment is in compliance with the lawsand rules administered by thecommission affecting the shipment; (2) determine if the shipment originated fromaquarantined area orherd; or

p. 204Dr. 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 ornoncommunicable disease. (b) The commission x detain a shipment of livestock or livestock products that is being transported inviolation 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 trainatanypoint other thana terminal. (d) The commission may post signs on public highways and use signaling devices, including red lights, inconjunction with signs, ifnecessary to effectively signal and stop vehicles for inspection. (a) In this section, 'livestock product' includes hides; bones; hoofs; horns; viscera; parts ofanimal bodies; litter, straw, orhay used for bedding; and any other substance capable of carrying insects or a disease that may endanger the li~vestockindustry. (Emphasis added). SeealsoAgric. 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 " mayItordinarily connotes discretion orpermission, District Grand Lodge No. 25G.U.0, ofO.F. v. Jones, 160S.W.2d 915, 922 (Tex. 1942), and itwill notbe treated as aword 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 ofhides and animals.

p. 205Dr.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 isnotmentioned in the Statutes governing the commission. We conclude that itmay. You have informed us that Some States will accept this certification in lieu of an official health certificate issued by aveterinarian. We cSn findno 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 theAgriculture Code. SUMMARY (1)The Texas Animal Health COrnmiSSiOnmay, 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 forthepurpose of conducting such inspections. Vet-y rulyyou

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k/ JIM MATTOX Attorney General ofTexas TOM GREEN FirstAssistant Attorney General
DAVID R.RICHARDS Executive Assistant Attorney General Prepared byJimMoellinger Assistant Attorney General APPROVED: OP~lNIONCOMMITTEE Rick Gilpin, Acting Chairman Jon Bible David Brooks Colin Carl JimHoellinger George Warner

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