OFFICE OF THE ATTORNEY GENERAL OF TEXAS AUSTIN

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**i,fVeStOCk** mzltary comt;llssion

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. T. ~xaggonerBuildif~:~ >*ort<iorth, T,oxas

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plnlon of thio Ueflrtnient on the, 8 hss been re~ei~w3.

copy bf a letter rellard of Lubbook, Texas.

is that Judge Dlllard
r. C. ?f. Ja1;es, 8llarlan of Lubbock to
se tent on hi8 herd of

~~rticls i~iifi:?~e,rnsn~e iianotatad Xenal Code 1939Folur~eIIT.accm.ulative pookot prt, contains the I,ow6ymrnln~; the brandlng tendtagging Of 3ucR cattle li;hiahmy ZWict.

“3~. Jsr.33is not (lnaccredited repreaentativo that is, ia no ’coy ofi’iaialiy connected v:ithLlvcstock Sanitary Comiiiseion, page 2

the Livestook Sanitary Co~lssion or the If. 5. Depart,rent of Agriculture, nor viashe authorized by either the State or Cursou kgoncy to make this **x0Oa tO5t.** 
The Laboratory of the City Eealth Department of Lubbock is n.otRLaboratOry over Thich the LZvestock Smitary Cazi~&saion has anyjurisdiotlon ard hothihg is kbom as to their teahnique

**Of Conducting**  **8 mEg** **’ S**  **t9St ES**  **far B&I**  **StWXbArtii** sation is concerned.

"St is myunderntanding that the Dillard 3rothers Suiry have been suvd by the fomer ownor of theso cattle andjudgmnt rendered in his favor andaccording to Judge Lillard*s present lettor those cattle inaluding thocs which were fouad as reactors to thv test will ba sold at auotion t0 satisfy the judCm3ntsonm~im ab0ut the 225 to 24th of January. The guestion is, would it be the duty of this Eepert.%ent to roquest Dr. Ja;nosto tag aud brand and certify the cattle aocordicg to the original tesf madeby hirPin the Lubbock City health De$artneat Laboratory?"

sections 1 and 2of Artids 152Sb, Vernon*e Penal Jade, reada as follows:

*Eva. 1. It shall be th8 duty 02'the LfQ8 Etock S.anitary Comisaion yrovicbd in Article 7009 F&&.sedCivil Statutes of 1925 to protect all eattlv, homes, mles, **es3e5, sheep,**  goats,
**ho&s,** andother live st~ock, and all domstio ani~alo and Couestic fm.~ls of thin State from infection, contagion or espo:uro to the infeotioua, contagidua and cormmiceble diseases enusierated ih ti:is +ctioa, to-wit: Tut?eJrculo3i.s* anthrax

, glandorn, infestious abortion, hemrrhagio eepiicenia, hoc cholera, malt& t+ev%r, foot aii&l%xl';hci1Sc?HSV,mbies andother ei.milaF anddiss:;.iler contagious andinfectious diseasvs of live otock recOg,nlzsd by rho veteriuary Jirofeesion a3'ihfeotious or oontafiious; also rabies a&on3canines, andZaciPImy 'hite diarrRea otiong fowls. L;aldCozz~ission nay at its discretion whemver it is daesmdneoessnrp or advisable ales ec~~,.v In the arudication end contml ot any dlsesae of any kind or characterLloeotock f.lan1tal-pCoEYmlssion,I%&33

that afmot animls, llva stock, towvls or aunines regardless of whether said diseases are infectious, contu&ious or comunioable andrLay esthblish necessary gmraritines for said purpose. It da11 be the duty of the Coi~tilission to establ.I~h c;uarimtlnes m@nst other States, territories andforeign couhtriea end portions thereof wbohever said Comlssion ascertains or is infotmd that any of said diseases exist therein, and to establish qunrantines v&thin the lrtote of Tcxa8 on cattle, horses, raules, asses, nheep, goats, hogs, er?dothor live stook;, boLestic animals and dozwtia fowls, also counties, distrfcts, amss, prenises, lands, pastures, lots, ranohes tams, fields, rahges, thorou&mmea

, buildings, barns, 3tabl8S, stock y&r&%, pens andothar places whenever said Comiasion asoer!ains tbnt any of said diseasea or the agency of tmns&ssion thereof exist in anyof said places or elrongany of said live stock, dorestio eni2;sls or dorjestic rods, 02 that anyof said pleoeo, live atook, do&estio animals or doizestia fowls are exposed to any of said diseases or to the @ems or agency of transaiission of anyof said dlseoses. !;aid Comiisslon shall adopt rules andregulations to be proolaiaed bythe Wiernor of the State of Texas for the purpose of carrying out and enforcing the provisions of this Act. Thesaid Corodesion Is hereby authorlzed.to control the sale ahd distribution of veterinary biolozics. xo provision of this Act shall relate to tick eradication; nor shall any provision hereof relate to scabies except those provisions in ;;;hich scabies 13expressly mentioned. 'ihm ref'erence is mde in any ,:~iectionof this Aot to infectious, oontayious and cortmmicnble diseases, the sam shall not ,be construed an having roferexe to soabies, unless said Section specifically states that scabies is included. It ia hereby specifically provided that scabies eradication &id tick eradication shtill be cocducted only by 1nel;ectora OSihe live Ztaclc Sinitary Co:~~~~lesion apy..oint.cdand recognized by said foz~~iesion lor said purposes, and all per&its and certificates for oertilylns that cattle or sheep are free of scabies infaction and exposure sb.all be issued only by Inspectors appointed for said purpose, end percAts ar.dcertificctan for ccrtifyi,nz that live stock tire free of tic:<3 aad eay~osureshall beissued ooly b:: Inspectors appointed for said purljose. provisions of t?As with refcrenoe toLivestook S%ltary Comml66lon, Iage 4

issuing Search wearrantsshall also apply to scabieo i5OpeCtOXs for the purpose or dipping sheep or cattle under anylaw for eradicating ecabies. Xhere cattle ara quarantined on ao-~ oount of being tubereuler Pzactors ~rooecution6 for ViOlatiOu6 thereof shall heonly under the penal clause r0r violating quarantines on tubercular reaotOrs andnoother penal clause of tf:is Act sL%ll apply. :!,hsrever the word 'person' is used in thie Act the semaShe11 also icclude firm and CorpOration6.tl

"sec. 2. %henever it is determined by Feterinariano in the employ of the Live;Xock 3anitary Commission that anycontaqious, infectious or communicable diacase osists ar;ongany live stook
or dol;eetio anluals or domestic fourl6, in the Stat0 of Texoo, or oa anyLandor pi'e;Lises or other places, or that eny live stock, domcstia animals Ordomestic fowls, preuiises or othsr places have been exposed or are exposed to the agency of tra'nsmissfon of any infectious contagious or communicable disease, such ersosure or inf'ection shall be considered a3 oontinuing until ths Live Btock Sanitary Co.mc&sion has ersdlcatad the samethrou~gh its prescribed methods undoerauthority of lsw end of the rules andrcgulationa of the ,I.lve Stock canitery Cozmlssion. In th,etrial of any case Involving the aoupliance or non-compllanoe of any owner or caretaker wit!: any provision of law requiring the troat%ent, vaccination, dipping, dieinfeoting
or other methods to be epplled to live stock it shall not be ~~rmisslble to prove that the same wasdone br anyono exaeyt anauthorized representative of said Commission. Theprovi:jions of thi6 ;lectlon shall 5pply to anyand all contagicua, lnfectious end comunicable diseases of liva st.ock, doseotio animls and domestic fowls, whether said diseaaes.are itentioced in this Act or not, and Sarldprovlsiora Shall also include sosbies inleotion and exposure aron3 cattle, sheop,aud goats, ~:henCIscabies ir.::r.autor OPsaid Cs:&ission Cetertines the existeaoe of scabies infection or erpocure thereto.”
Artfolee 152% and 15256 of the Feaal Code, reads 's f0110@6:Livestock Sanitary Com.i33ion, Fage 5

*Article 15256. Seation 1. That whenau aooredited re2resentativa of ’ the Livestock mrritarg Comi1ssio~ of ‘Iclaa or anaccredited representative of the United %ates Tecratary of Agriculture or an aut,horized veterinarian tiakes anag~lut.ination blood test for can&*$ Eisease of cattle in thi3 State andfurnishes to the ovmarof such cattle in writin& data showing that a certain identiPieU aniffial or animals have reacted to the test andam affeoted by tbe disease, it shall bo the duty of the owner of such tattle within ton (10) days to brand each reactor or animal affected with the disease on the ieft jawwith .the letter *IVartdplace ax.etaI tag in the ear of each such aain;al with nunbers thereon andreport in writing t.otJ:eLivestock ranitary Comission of ‘I’oxas the numbem onsuch tage.

Y%eo. 2. If any r.erson shall violate any of the provisions of t.‘?is Aat, he shall be guilty of a &sderoeanor and, upon conviction, shall be fined a SUTG not to exceed TwoFundred Collars ($200) for each offense.”

“Article 1525%. 3eotiofi 1. It ehall hereafter be ur~lawful for any person to sell or otherwise dispose of any cattle for milk gurposes whenhe knowsor has mason to believe said cattle are Infected with flang’s diseaee.

*Sec. 2. If any perzon shall violate any of the provislonscf this Act, he shall be &Ltp of a misdemanor and, upon oonvtotion, shall be fined a SUPI

not iess then TenCollars (::lO)
nor more than one Ffmdred rollars ($lCO). The eale of each particular oowshall be considered
a separate offense.”
Under Article 15::5d; supra, noduty lo imposed U!:oothe representative of the Tive~tock Qnit.sry Cocxi3- film of 'i'oxo3or anaccredited regresentativa of the United

“tatos Xeoretery of Agriculture or anauthorized vetericarian to brand ,eachanimal affected vit.h Eanqre disease on the left !a91i.1th t.helot&r "5" acd plr3caan;etal tag in the oar of csch such ani- y%.&th mmhors thereon and report in writfng to the l,.ivestock ranitnry ~or~is~ion of ~;exaethe nurt.bers ;;t;;z:~ t&23, but such duty is irposed uponthe omer of suoh

.In view of t&afact6 stated in pour inquiry,
rm 96 reapectr?llly advised tf;at it is the opinion of ,?,Ls.departnent that your question .mst be answered in I>,$negative. Aowever( as the attention of your de- -artmsnt has been celled to existing conditions which jadicate the prtaance of Eamg disease, as ahme stated, ztet3fnk that the above quoted statutes, together with other statute; applicable to the Livestook Sanitary Coax~a6ion, require the CO2Ld3SiOn to nake e proper investiF;at,ionof such matter and if such disease exists, t.hen theComisaion should require the owners of all anl.;iala sffcotad to comply tvfth the provisions of Article 1525d, 6Qpra. Trusting that *ha foregoing rully answers YQU~ inquiry, weam,
Yours very truly

ATTORNEY

GZ?IXRAL

CF2TXhS

23, 1940 Ardell \Yillf~~a Assista,nt