The Honorable H. Q. Sibley

Executive Director Opinion No. H-867 Texas Animal Health Commission He: TexasAnimal Health 1020 Sam Houston State Office Commission authority in Building tick eradication "free Austin, Texas 78701 area" and related questions. Dear Doctor Sibley: you askwhether the Texas Animal Health Commission inspectors have authority to conduct fever tick inspections of cattle located ina "FreeArea" of the state. The question israised in the context of twoparticular situations:

1. Where a fever tick has been discovered on an animal in transit and the infected animal is traced toaherd formerly located on particular premises in the free area: and 2. where premises located ina free area are suspected of fever tick infestation because thepremises are adjacent toan area designated a "tick eradication area" but where the Commission has no direct evidence that thepremises are tick infested. The Texas Constitution makes special provision for the regulation of livestock and theprotection of stock raisers. See Tex. Const. art. 16, 5 23. Pursuant to that authority, s Texas Legislature has passed various laws, including article 7014g-1,V,T.C.S., toguard against and arrest the spread of animal diseases. Pertinent sections of that article, theTick Eradication Law, provide:

p"3653The Honorable H. Q. Sibley -page 2 (H-867)

Sec. 1. It shall be the duty of the [AnimalHealth Commission] . . .to eradicate the fever-carrying tick 1 . . in the State of Texas . " . . Sec. 2. . . .The 'FreeArea' is . . . composed of those counties and parts of counties inTexas which the [AnimalHealth Commission] may designate as theFree Area

. . .the 'TickEradication Area' is composed of those counties andparts of counties designated for tick eradication by the [AnimalHealth Commission] . . . . Whenever a tick is found upon any cattle, horses, mules, jacks, and jennets, every head of such live stock in said herd orwhich are located in the samepasture, pen, lot or in the same enclosure or upon the same range or that -- shall thereafter be located therein or thereupon, shall be classed as tick infes=d and said pasture, pen, lot, enclosure or open range inwhich and uponwhich theywere located shall be classed as tick infested. . . .

. . * * Sec. 20. Owners . . ecaretakers . . . and persons accompanying and connected with

. . *themovement of any cattle, horses, mules, jacks or jennets . .moved, inanypart of the State of Texas, at any time during the preceding sixty days, shall be required, when requested by an inspector of the [Animal Health Commission1 tomake awritten statement of the county and name of the owner or Tnxntrol ofthexdwh= saidmovemwoxginated --- --

. . . .

. . ? L Sec. 24, All inspectors appointed by the [AnimalHealth Commission] , . .are hereby authorized to enter upon any private or public property fortheperformance of any dxy-or

-- exercise of anx authority providedisis -- Act . = . .

p. 3654. .

The Honorable H. Q. Sibley -page 3 (H-867)

Sec. 25. The (AnimalHealth Commission] is authorized and directed to establish quarantines in theFree Area on account of tick infestation or exposure therein whenever itbecomes necessary . . . .Tick eradication shall be conducted in said Free Area under the same provisions andpenalties asprovided in thisAct for conducting the same in the Tick Eradication Area, and & shall be the 

### futyof caretakers of cattle,rses, mu es, ja;ki and jennetsTocatedinsaidPree Area to cooperate with said Commission tick eradication undzh=ovisions of ZisAct the 

### sameasrelate to the Tick Eradication Area whenever tick eradication is required tobe conducted in theFree Area. . . . (Emphasis added). We think these provisions of the Tick Eradication Law make clear that in the situations you describe, theAnimal Health Commission has ample authority torequire persons having control of suspected premises ina free area to allow a tick inspection by commission inspectors of the cattle located there (Tex.Crim. A,p.%?$!%f~C%%d2~: ~~?'ftgg?20S.W.2d 112 (Tex.Civ. ADD. -- Sai&tonio 193E writ dism'dl: Attorney General-Opinions H-195 (1974),.H-148 (1973); You also inquire if the Commission, on a selective basis, might require livestock markets that receive cattle from high risk areas (premises reasonably believed infected) toprovide scratching chute facilities atprivate expense for fever tick inspection of the animals by Commission inspectors. Scratching chutes are alleyways wide enough for animals to file through singly, and are constructed so that widely-spaced rails on the sideswill allow inspectors to reach through and physically examine the animals. Section 23of theTick Eradication Law deals with the maintenance of tick-free stockyards. It specifies:

p.3655The Honorable H. Q. Sibley -page 4 (H-867)

All owners and operators in control of any stock yards . . .which . . .are open to thepublic . . .shallmaintain clean tick-free pens, alleys, chutes and facilities where such live stock . . .may be received, yarded, weighed and sold . . .without being subject to exposure to tick infestation, and such live stock shall be afforded all necessary facilities for suchpurposes , , .and the . . . Commission isherebv authorized to enforce the provisions of thisAct . . .designating such facilities asmay be necessary for theproper -- ~~n~~~~qs:~c~atd.s'ofk yards of . . .movements Any stock yards company, owners, operators orpersons in char-seof stock yards, that fail or refuse toprovide and complete such facilities asmay be directed by said Commission . . .shall be fined . . . . (Emphasis added). In light of this statute, we believe that the Commission may selectively require stockyards to construct scratching chute facilities where the facilities are reasonably deemed necessary by the Commission to theproper, tick-free handling of cattle at theyards. Cf. Johnson v. Texas Animal Health Commission, 520 S.W.2d 81mTex. Civ.App; --Houston= Dist.] 1975, nowrit). Your last question asks if the Commission has the statutory authority topromulgate rules allowing animals shipped from outside Texas and designated as slaughter animals, other than cattle, sheep and hogs, togo to a livestock market without ahealth certificate, Article 7014f-1,V.T.C.S., relates to the eradication of diseases among livestock and domestic fowls. Section 9 of that law specifies:

It shall be unlawful for any person . . . to . e *move from any state, territory or foreign country into any county in the State ot Texas i 0 .any cattle (except steers and spayed heifers), horses, mules, asses, sheep, goats, hogs, domestic animals

p. 3656.

The Honorable H. Q. Sibley -page 5 W-867)

or domestic fowls, except as hereinafter provided, unless the same are accompanied by ahealth certificate issued by aveterinarian authorized by or recognized by the TexasAnimal Health Commission . . . . Cattle and sheep and hogs billed and shipped for immxate slaughter purposes shall be admitted into the State of Texas withour -- certification,treatment, vaccina-n or testing. (Emphasisadded). - Except for steers and spayed heifers, "cattle, horses, mules, asses, sheep, goats, hogs, domestic animals [and] domestic fowls" can legally enter Texas only if they are accompanied by theproper health certificate. The only deviation permitted concerns cattle, sheep, and hogs (but not other animals) billed and shipped for immediate slaughter purposes which go directly to slaughtering facilities. Consequently, we answer your last question in the negative. SUMMARY TheAnimal Health Commission has authority to require the inspection for ticks of herds located onpremises ina "free area" suspected of infestation, and ithas authority to selectively require stockyards to construct scratching chute facilties atprivate expense for the inspection of cattle for ticks. with the exception of cattie, sheep, and hogs going directly to slaughtering facilities, the Commission does not have authority toallow animals shipped from outside Texas and designated as slaughter 

### animalsto go toa livestock market without ahealth certificate. Very truly yours,

Attorney General of Texas

p.3657The Honorable H. Q. Sibley -page 6 (H-867)

DAVID M./RFNDALL,

Opinion Committee jwb

p.3658