Hon. Rowe11 E. Cobb oQiniOl3 Ro. V-1306 District Attorney 52nd &dicial Dlatrict Re: Inclusion of a public Comanche, Texas auctionbarn within the terms "public stockyard and shippingpen" wlthin the contemplat$onof theRules and Regulations of the Livestock Sanitary Dear Sir: Commission.

You have requested the opinion of this office as follows:

"Please advise If inyour opinion a public auctionbarn where livestock of all kind IS soldweekly and a large number of people gather weekly fOP the purpose of buying and selling livestock of all kinds, Is a public stockyard and Shippingpen as contemplatedby the Rules and Regulations of the L;vestock Sanitary Commission of Texas.

. * 9 The regulation of the Livestock Sanitary Commission to which you refer is found in the Qubllcation by the Commlsslon entitled 'Rules and Regulations and Sanitary Laws of the Livestock Sanitary Commlsslon of Texas, 19,46, " at page 62, and being Dlvislon III, ChapterXIII, Se,ctionI, which reads as follows:

"All public stoc.kyards and shipping pens of said yards in the State of TeXa6 are considered Infectedwith Hog Cholera, and are hereby quarantined Tar said Infection.” Specifically,you Inquirewhether a public auctionbarn ins

a "public stockyard"within the foregoing rule, and, if so, is it quarantinedwithin the contemplation of the rule.Hon. Howell E. Cobb, page 2 (v-1306)

The authority of the Commission to promulgate the rule in question is found inArticle 1525b,V.P.C.

Upon Inquiry,we have been advisedby the Director for the Livestock Sanitary Commission that the only "public stockyards" in Texas are the Fort Worth Stockyards, the Port City Stockyards in Houston, the Union Stockyards in San Antonio, and the Texarkana Stockyards, and that the Commissionhas never attempted to apply the rule in question as to any other types of stockyards or salesbarns.

The term is evidently used in the rule as deSCPiptive of those establishments subject to regulation by the "Packer's and StockyardsAct of 1921" as amended (9U.S.C.A., Sec. 181, et seq.)whereby the United States Secretary of Agriculturedesignates what stockyards are subject to regulation. lic stockyards" Such "pubare comparable in many respects to a "common carrier" or "public utility" in that they are chargedwith specialduties to the public in the furnishing of their facilities. They are intimately connectedwith common carrier transportationand usually maintain trackage and other shipping facilities. They are, In other words, of that class of businesseswhich have been legislativelydetermined to be affectedwith a public interest and which have been subjected to special legislationregulating their powers and duties. See Delaware, L. & W.R. Co. v. Central Stock-Yard& Transit Co., 43 R.J.E. 71, 10Atl. 490~(1887) considseringthe duties imposed on a stockyard corporation organized and operating under a statutegranting spe- ~,~cial powers to such concerns.
We find no Texas statuteswhich attempt to classify "auctionbarns" ly as "public stockyards" or similar facilitiesgeneralor to regulate them as such. The fact that federal regulationhas not been imposed thereon indicates that they do not fall within such classificationunder federal statutes. The Livestock Sanitary Commission, under the facts stated above,has interpreted its rule as not including "auctionbarns" within the term "public stockyards." The Commission has authority to interpret the rules which it is authorized to promulgate in the first Instance. West --- Texas Compress & Warehouse Co. v. Panhandle & S. F. R-i, l5~S.W.2d 558 (Comm.App. 1929).Fole

55 S.W.2d 805 (Comm.App. 1932~;X&iii%ur.7..

. Hon. Howell E. Cobb,page 3 (v-1306)

392, Public AdministrativeLaw, Sec. 77. The interpretation of Its own rule by the administrativebody to which rulemakingpower has been delegatedbecomes a part of the rule. In view of the constructionplaced upon the termsby the Commission, as indicated,we conclude that the term "public stockyard"refers to only such"stoc ' as have been classifiedas "public

'azdfsregulatedas such. stockyards Unless such "auction barns" are so classified and designated,we conclude that they are not "public stockyards"within the meaning of the rule.

SUMMARY

A public auction barn is not a "public stockyard"as that term is used in certain quarantine regulations of the Livestock Sanitary Commission. The only "public stockyards" in Texas are thosedesignated as suchby the Livestock Sanitary Commission.~

APPROVED:

Jesse P. Luton, Jr. Reviewing Assistant

Charles D. Mathews First Assistant Yours very truly,
PRICE DANIEL Attpr\ney

Gexral n ,.

5aniel

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