OFFICE OF THE ATTORNEY GENERAL OF TEXAS 

AUSTIN 

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i,fVeStOCk mzltary comt;llss ion 

‘a. . T. ~xaggoner Buildif~:~ 

>*ort <iorth, T,oxas 

Csntlenen: httontlonr 

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, 8 llarlan of Lubbock to 

se tent on hi8 herd of 

~~rticls i~iifi:? ~e,rnsn~e iianotatad Xenal Code 

1939 Folur~e IIT. accm.ulative pookot prt, contains the I,ow 6ymrnln~; the brandlng tend tagging 

Of 3ucR cattle li;hiah my ZWict. 

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

the Livestook Sanitary Co~lssion or the If. 5. 

Depart,rent of Agriculture, nor vias he authorized 

by either the State or Cursou kgoncy to make 

this x0Oa tO5t. 

The Laboratory of the City Eealth Department 

of Lubbock is n.ot R LaboratOry over Thich the 

LZvestock Smitary Cazi~&saion has any jurisdiotlon ard hothihg is kbom as to their teahnique 

Of Conducting 8 mEg’S t9St ES far B&I StWXbArtiisation is concerned. 

"St is my underntanding that the Dillard 

3rothers Suiry have been suvd by the fomer ownor 

of theso cattle and judgmnt rendered in his 

favor and according 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 judCm3nt sonm~im ab0ut 

the 225 to 24th of January. The guestion is, 

would it be the duty of this Eepert.%ent to roquest Dr. Ja;nos to tag aud brand and certify the 

cattle aocordicg to the original tesf made by 

hirP in the Lubbock City health De$artneat Laboratory?" 

sections 1 and 2 of 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&&.sed Civil Statutes of 1925 to protect 

all eattlv, homes, mles, es3e5, sheep, goats, 

ho&s, and other 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';h ci1Sc?HSV, mbies and other ei.milaF 

and diss:;.iler contagious and infectious diseasvs of live otock recOg,nlzsd by rho veteriuary 

Jirofeesion a3 'ihfeotious or oontafiious; also 

rabies a&on3 canines, and ZaciPImy 'hite diarrRea otiong fowls. L;ald Cozz~ission nay at its 

discretion whemver it is daesmd neoessnrp or 

advisable ales ec~~,.v In the arudication end 

contml ot any dlsesae of any kind or character 
Lloeotock f.lan1tal-p CoEYmlssion, I%&3 3 

that afmot animls, llva stock, towvls or aunines regardless of whether said diseases are 

infectious, contu&ious or comunioable and rLay 

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 and foreign 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?d othor 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 and othar places whenever said Comiasion asoer!ains tbnt any of said 

diseasea or the agency of tmns&ssion thereof 

exist in any of said places or elrong any of said 

live stock, dorestio eni2;sls or dorjestic rods, 

02 that any of 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 any of said dlseoses. !;aid Comiisslon 

shall adopt rules and regulations to be proolaiaed 

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

of this Act. The said 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 13 expressly mentioned. 

'ihm ref'erence is mde in any ,:~iection of 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 OS ihe live Ztaclc Sinitary Co:~~~~lesion 

apy..oint.cd and 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.d certificctan for ccrtifyi,nz that 

live stock tire free of tic:<3 aad eay~osure shall 

be issued ooly b:: Inspectors appointed for said 

purljose. provisions of t?As with refcrenoe to 
Livestook S%ltary Comml66lon, Iage 4 

issuing Search wearrants shall also apply to 

scabieo i5OpeCtOXs for the purpose or dipping 

sheep or cattle under any law for eradicating 

ecabies. Xhere cattle ara quarantined on ao-~ 

oount of being tubereuler Pzactors ~rooecution6 

for ViOlatiOu6 thereof shall he only under the 

penal clause r0r violating quarantines on tubercular reaotOrs and no other penal clause of tf:is 

Act sL%ll apply. :!,hsrever the word 'person' is 

used in thie Act the sema She11 also icclude firm 

and CorpOration6.tl 

"sec. 2. %henever it is determined by Feterinariano in the employ of the Live;Xock 3anitary 

Commission that any contaqious, infectious or 

communicable diacase osists ar;ong any live stook 

or dol;eetio anluals or domestic fourl6, in the 

Stat0 of Texoo, or oa any Land or pi'e;Lises or 

other places, or that eny live stock, domcstia 

animals Or domestic 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 same throu~gh 

its prescribed methods undoer authority of lsw end 

of the rules and rcgulationa of the ,I.lve Stock canitery Cozmlssion. In th,e trial 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 

was done br any ono exaeyt an authorized representative of said Commission. The provi:jions of thi6 

;lectlon shall 5pply to any and 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 

Sarld provlsiora Shall also include sosbies inleotion and exposure aron3 cattle, sheop,aud goats, 

~:hen CI scabies ir.::r.autor OP said 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 when au 

aooredited re2resentativa of’ the Livestock 

mrritarg Comi1ssio~ of ‘Iclaa or an accredited 

representative of the United %ates Tecratary 

of Agriculture or an aut,horized veterinarian 

tiakes an ag~lut.ination blood test for can&*$ 

Eisease of cattle in thi3 State and furnishes 

to the ovmar of such cattle in writin& data 

showing that a certain identiPieU aniffial or 

animals have reacted to the test and am 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 jaw with .the letter 

*IV artd place a x.etaI tag in the ear of each 

such aain;al with nunbers thereon and report 

in writing t.o tJ:e Livestock ranitary Comission of ‘I’oxas the numbem on such 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 Two Fundred 

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 when he knows or 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 Ten Collars (::lO) 

nor more than one Ffmdred rollars ($lCO). The 

eale of each particular oow shall be considered 

a separate offense.” 

Under Article 15::5d; supra, no duty lo imposed 

U!:oo the representative of the Tive~tock Qnit.sry Cocxi3- 

film of 'i'oxo3 or an accredited regresentativa of the United 

“tatos Xeoretery of Agriculture or an authorized vetericarian 

to brand ,each animal affected vit.h Eanqre disease on the left 

!a91 i.1 th t.he lot&r "5" acd plr3ca a n;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 ~;exae the nurt.bers 

;;t;;z:~ t&23, but such duty is irposed upon the omer of suoh 

. 
In view of t&a fact6 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, 

zte t3fnk 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,ion of such matter and if such disease exists, t.hen 

the Comisaion 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, we am, 

Yours very truly 

ATTORNEY GZ?IXRAL CF 2TXhS 

23, 1940 Ardell \Yillf~~a 

Assista,nt