Dr. L. R. Noyes, Executive Director 

Livestock Sanitary Commission of Texas 

3320 West Seventh 

Fort Worth 7, Texas 

Opinion No. ww-670 

Re: Authority of the Livestock 

Sanitary Commission to quarantine hides from diseased 

animals to prevent transmission of disease, under Article 1525b, Vernon's Penal 

Dear Dr. Noyes: Code. 

We quote from your letter relative to the above subject: 

"Recently an outbreak of anthrax occurred 

among cattle, in feed pens, in the Rio Grande 

Valley. One of the animals that died was removed 

to a slaughtering plant; the carcass prepared for 

sale for human consumption, and the hide placed 

in the vat. Disposition of the carcass was made 

by the State Department of Health. 

"This Commission quarantined the hide from 

the diseased animal, as well as contact hides, to 

prevent the dissemination of disease. 

"Other animals that died were moved to a 

rendering plant in the vicinity and tankage from 

the infected, as wells as other dead animals, was 

processed and distributed to several individuals 

for feeing livestock. 

"Question 1, Does this Commission have authority, 

under Section 5, or any other Section of 1525b 

Vernon's Annotated Penal Statutes, to quarantine 

hides from diseased animals, as well as contact 

hides at slaughtering establishments and rendering plants, to prevent transmission of disease? 
_- 

&-. L R. Noyes, page 2. (WW-670) 

"Question 2, May this' Commission quarantine 

rendering plants and require cleaning and disinfection, under supervision of a representative 

of the Department? 

"Question 3, Does this Commission have authority 

to require rendering plants to pick up and reprocess tankage which the Commission has reason 

to believe Is an agency for the transmission of 

disease?" 

The Texas Constitution declares in Section 23 of Artlcle XVI: 

"The Legislature may pass laws for the regulation of live stock and the protection of stock 

raisers . . .' 

The Legislature has authority under the State's police 

power to create the Livestock Sanitary Commission and to empower 

it to establish, maintain and enforce quarantines authorized by 

law as it may deem necessary, as well as power to authorize the 

Commission to make reasonable rules and renulations to prevent 

the spread of contagious disease 

State, 83 Tex.Crim. 1, 201 S.W. 

87Tex.Crim. 197, 220 S.W. 339 

Mulkey v. 

Gandy v. State, 

Section 1, Article 1525b, Vernon's Texas Penal Code, 

provides in part as follows: 

"It shall be the duty of the Live Stock 

Sanitary Commission . . . to protect all cattle, 

horses, mules, asses, sheep, goats, hogs, and 

other live stock, and all domestic animals and 

domestic fowls of this State from infection, contagion or exposure to the infectious, contagious 

and communicable diseases enumerated in this Section, to-wit: . . . anthrax . . . Said Commission 

may at its discretion whenever it is deemed necessary or advisable also to engage in the eradication and control of any disease of any kind or 

character that affects animals, live stock, fowls, 

or canines regardless of whether said diseases 

are infectious, contagious or communirable and 

may establish necessary quarantines for said purpose. It shall be the duty of the Commission . . . 

to establish quarantines within the State of Texas 

on cattle, horses, mules, asses, sheep, goats, hogs 
Dr. L. R. Noyes, page 3. 

and other live stock, domestic animals and 

domestic fowls, also counties, districts, areas, 

premises, lands, pastures, lots, ranches, farms, 

fields, ranges, thoroughfares, buildings, barns, 

stables, stock yards pens and other places whenever said Commission ascertains that any of said 

diseases or the agency of transmission thereof 

exist in any of said places or among any of said 

live stock, domestic animals or domestic fowls, 

or that any of said places, live stock, domestic 

animals or domestic fowls are exposed to any of 

said diseases or to the terms or agency of transmission of any of said diseases. Said Commission 

shall adopt rules and regulations to be proclaimed 

by the Qovernor of the State of Texas for the purpose of carrying out and enforcing the provisions 

of this Act. . . .' 

Section 2 of the Statute reads In part as follows: 

"Whenever it is determined by Veterinarians 

in the employ of the Live Stock Sanitary Commiesion that any contagious, infectious or communicable disease exists among any live stock . . . on 

any land or premises or other places, or that any 

live stock . . . premises or other places have 

been exposed or are exposed to the agency of transmission of any infectious, contagious or communicable disease, such exposure or infection shall be 

considered as continuing until the Live Stock Sanitary Commission has eradicated the same through its 

prescribed methods under authority of law and of 

the rules and regulation: of the Live Stock Sanitary Commission. . . . 

In Section 5 of the Statute, it is provided in part: 

"The Live Stock Sanitary Commission may establish necessary quarantines for prohibiting or 

regulating the movement of any commodity or article 

. . . that the said Commission may ascertain to be 

carriers of any of the diseases mentioned in this 

Act whenever any of said diseases or exposure thereto exist in the Nation, State, territory or area 

to be quarantined. . . ." 

Clearly, the Livestock Sanitary Commission is authorized under the authorities cited above to quarantine slaught-' 

ering establishments, rendering plants, tankage and hides from 
Dr. L. R. Noyes, page 4. (~~-670) 

diseased cattle, as well as hides which come In contact with 

such hides at slaughtering establishments and rendering plants. 

This assumea, of course, that the Commission has first made a 

valid determination that such articles and places are infected 

with anthrax or have been exposed to such Infection or the 

agency of its transmission. 

It is also apparent from the foregoing authorities 

that the Commission may require disinfection under supervision 

of a representative of the Commission. But, by "require" we 

mean no more than that the Commission may condition the removal 

of the quarantine upon such disinfection. That such disinfection is to be by or under the supervision of a representative 

of the Commission is seen from the portion of Section 2 quoted 

above wherein exposure or infection of a place is said to be 

considered as continuing "until the Live Stock Sanitary Commission has eradicated the same." Also, the same Section provides, 

"In the trial of any case Involving the compliance or non-compliance . . . with any provision of law requiring . . . disinfecting . . . it shall not be permissible to prove that the 

same was done by anyone except an authorized representative of 

said Commission. . . .' 

However, the Commission does not, in our opinion, 

have authority to require rendering plants to pick up infected 

tankage. To subject a business to quarantine until its premises 

are decontaminated Is one thing and to require it to disinfect 

someone else's premises by retrieving an infected product is 

another. We find no statutory authorization for requiring the 

latter. 

In Article 1525b, Vernon's Texas Penal Code, the 

Commission is charged with the duty to "protect" domestic animals from anthrax and to engage in its "eradication and control." However, holding that the Commission thus acquired 

power to make a rule and regulation requiring a business to 

pick up its products based on this broad statement of general 

duty would run afoul of the constitutional inhibition against 

the delegation of legislative authority without setting definite 

guides or standards. Tex. Con&., Art. III, Sec. 1; Williams v. 

State, 146 Tex. Crlm. 430, 176 S.W.2d 177 (1943); 3 Tex.Jur.Supp. 

rConst. Law, Sec. 68. 

According to Section 1 of the Statute, the rules and 

regulations,,made by the Commission are to "carry out" and "enforce" the provisions" of the Act. The "provisions" of the 

Act only permit disinfection by the Commission and quarantine 

of the article or place until disinfection has occurred. The 
Dr. L. R. Noyes, page 5; (w-670) 

remedy afforded the Commission against persons who move infected products is by quarantine and criminal prosecution for moving 

the article in violation of the quarantine and laws requiring 

persons to destroy the carcass of a diseased animal. Compelling 

repossession of infected articles Is nowhere authorized in the 

statutes, either expressly or by implication. 

Whether reprocessing tankage ia a reasonable and 

proper means of disinfecting the tankage and the premises where 

it is located is a fact question. But, if this reprocessing is 

necessary to remove the infection, there is no doubt that under 

Article 1525b, Vernon's Texas Penal Code, such may be required 

to be done under the supervision of a representative of the 

Commission as a prerequisite to the removal of a quarantine on 

the tankage or place. 

Accordingly, questions 1 and 2 are answered in the 

affirmative, and question 3 is answered in the negative. 

SUMMARY 

The Livestock Sanitary CommiasLon 

has authority to quarantine hides, 

tankage, rendering plants and 

slaughtering establishments, as 

well as to requlre disinfection of 

such articles and places under the 

supervision of a representative 

of the Commission where the Commisslon has made a valid determination 

that said articles and places are 

infected with anthrax or have been 

exposed to such InfectIon or the 

agency of its transmission. Reprocessing of such tankage may be required to be made under the supervision of a representative of the 

Commission If such reprocessing is 

necessary to such disinfection. 
.- 

- . 

Dr. L. R. Noyes, page 6. (~~-670 1 

But, the Commission 

orized to require a 

is not authrendering plant 

to retrieve products which have left 

the plant. 

HGB:mfh:zt 

Yours very truly, 

WILL WILSON 

Attorney General of Texas 

APPROVED: 

OPINION COMMITTEE 

Geo. P. Blackburn, Chairman 

J. Arthur Sandlin 

Jot Hodges, Jr. 

Marvin H. Brown, Jr. 

REVIEWED FOR THE ATTORNEY GENERAL 

5BY: W. V. Geppert