reglab/statecodes huggingface dataset:
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle C - Control of Animal Diseases and Pests › Chapter 167 - Tick Eradication › Subchapter C. Treatment › Section 167.060. Treatment Required for Movement From Quarantined Area

Sec. 167.060.  TREATMENT REQUIRED FOR MOVEMENT FROM QUARANTINED AREA.  (a)  An inspector may not issue a certificate or permit for the movement of animals from a quarantined enclosure unless the owner or caretaker of the animals:
(1)  is cooperating with the commission in the regular systematic treatment of the animals listed in Subsection (b); and
(2)  has treated those animals on the last two treatment dates that were prescribed for the area in which the animals are located and that preceded the date of movement.
(b)  In order to be issued the permit or certificate, the owner or caretaker must cooperate with the commission in the regular systematic treatment of animals of which the person is the owner or caretaker and which:
(1)  are located in the enclosure from which the animals are to be moved;
(2)  are located in quarantined enclosures that connect with the enclosure from which the animals are to be moved, including an enclosure that:
(A)  connects with an enclosure that connects with the enclosure from which the animals are to be moved; or
(B)  is on the opposite side of a lane or road from the enclosure from which the animals are to be moved; or
(3)  are located on the quarantined open range that connects with any of the enclosures under Subdivision (1) or (2).
(c)  If ticks are found on any of the animals submitted for movement, before the certificate or permit is issued, each head of the animals must be treated as prescribed by commission rules.
(d)  The commission may waive the enforcement of this section for good cause.  A waiver of the commission must be in writing.
Acts 1981, 67th Leg., p. 1445, ch. 388, Sec. 1, eff. Sept. 1, 1981.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 324 (H.B. 1807), Sec. 21, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 324 (H.B. 1807), Sec. 22, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 773 (S.B. 1095), Sec. 21, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 773 (S.B. 1095), Sec. 22, eff. September 1, 2013.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle C - Control of Animal Diseases and Pests › Chapter 167 - Tick Eradication › Subchapter D. Stockyard Regulation › Section 167.081. Designation of Facility to Handle Certified Livestock

Sec. 167.081.  DESIGNATION OF FACILITY TO HANDLE CERTIFIED LIVESTOCK.  (a)  The commission may designate a stockyard that is in the tick eradication area or in the free area and is open to the public for yarding, marketing, and selling livestock as a facility to handle intrastate movements of livestock certified by an inspector to be free from ticks or exposure to ticks.  A stockyard so designated shall provide tick-free facilities for the handling of that livestock in accordance with this subchapter.
(b)  A designation under this section is effective for 24 months following the day on which notice is served, and the commission may redesignate a facility for the purpose of this section.
Acts 1981, 67th Leg., p. 1445, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle C - Control of Animal Diseases and Pests › Chapter 167 - Tick Eradication › Subchapter D. Stockyard Regulation › Section 167.082. Notice and Hearing

Sec. 167.082.  NOTICE AND HEARING.  (a)  The commission shall give written notice of a designation under this subchapter to the stockyard company or to the owner, operator, or other person in control of the stockyard.
(b)  A person to whom a notice is directed may request a hearing for the purpose of protesting the designation in the manner provided by Section 167.053 for requesting a hearing on an order to treat.  The commission shall grant the hearing and give notice of its decision in the manner provided by that section.
(c)  A person whose protest is overruled shall complete the work required to provide tick-free facilities not later than the 60th day following the day on which the person receives notice of the commission's decision.
Acts 1981, 67th Leg., p. 1446, ch. 388, Sec. 1, eff. Sept. 1, 1981.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 324 (H.B. 1807), Sec. 23, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 773 (S.B. 1095), Sec. 23, eff. September 1, 2013.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle C - Control of Animal Diseases and Pests › Chapter 167 - Tick Eradication › Subchapter D. Stockyard Regulation › Section 167.083. Maintenance of Tick-Free Facilities

Sec. 167.083.  MAINTENANCE OF TICK-FREE FACILITIES.  (a)  A person who owns or operates and is in control of a stockyard designated under this subchapter shall maintain clean and tick-free facilities, including pens, alleys, and chutes, so that livestock certified by an inspector to be free from ticks or exposure to ticks may be received, yarded, weighed, and sold for intrastate purposes without being subject to exposure to ticks.
(b)  In accordance with Subsection (a) of this section, the owner or operator shall maintain tick-free scales, entrances, exits, pens, and territory immediately surrounding the pens.
(c)  The stockyard company, owner or operator, or other person in control of a stockyard may not discriminate between interstate and intrastate handling of livestock.
Acts 1981, 67th Leg., p. 1446, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle C - Control of Animal Diseases and Pests › Chapter 167 - Tick Eradication › Subchapter E. Enforcement › Section 167.101. Inspectors

Sec. 167.101.  INSPECTORS.  (a)  The commissioners court of a county in which the commission conducts tick eradication may nominate the number of local inspectors found by the commission to be necessary for tick eradication in that county.  The commission shall appoint those persons nominated unless, following appointment of local inspectors, the commission finds that the county is trying to retard tick eradication or is nominating persons who are incompetent or negligent in the performance of duty.  In that case, the commission may ignore the nominations of the county.
(b)  If a commissioners court fails or refuses to nominate persons as local inspectors, the commission shall appoint local inspectors without nomination.
(c)  Local inspectors work under the direction and orders of the commission and are subject to discharge by the commission.  The commission shall fix and the state shall pay the salaries of local inspectors, but a county may pay the salary and traveling expenses of a local inspector.
(d)  The commission may employ county and district supervising inspectors without nomination by the commissioners courts.
(e)  Only an inspector appointed for the purpose may conduct tick eradication or issue permits and certificates certifying animals to be free from ticks or exposure to ticks.  An inspector shall issue those permits and certificates in accordance with the rules of the commission.
Acts 1981, 67th Leg., p. 1446, ch. 388, Sec. 1, eff. Sept. 1, 1981.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 324 (H.B. 1807), Sec. 24, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 773 (S.B. 1095), Sec. 24, eff. September 1, 2013.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle C - Control of Animal Diseases and Pests › Chapter 167 - Tick Eradication › Subchapter E. Enforcement › Section 167.102. Entry Power

Sec. 167.102.  ENTRY POWER.  (a)  A commissioner or an inspector, and assistants, may enter public or private property, without a warrant, for the exercise of an authority or performance of a duty under this chapter.
(b)  If an inspector or commissioner desires to be accompanied by a peace officer, the inspector or commissioner shall apply for a search warrant to a magistrate of the county in which the property is located.  The magistrate shall issue the search warrant on a showing of probable cause by oath or affirmation.
(c)  The search warrant shall describe the place to be entered in a reasonable manner that will enable the person in charge of the property to identify the property described, but the warrant is not required to describe the property by field notes or by metes and bounds.  If the applicant for the warrant seeks to enter the property to determine whether animals are on the property, the application for the warrant shall state that.  If the warrant is obtained for the purpose of seizing or treating animals, the application and the warrant shall describe the animals and give the approximate number of animals.  If any of that information is unknown to the applicant, the application and warrant shall state that the information is unknown.
(d)  A search warrant issued under this section authorizes the person to whom it is issued to enter the property for the exercise of an authority or performance of a duty under this chapter and to be accompanied by a peace officer and assistants.  In addition, the warrant authorizes the peace officer and the assistants to perform any duty authorized by this chapter.
(e)  A search warrant issued under this section permits entry and reentry for the purposes of this section for a period of 60 days beginning on the day on which it is issued.  After that period, additional search warrants may be issued as often as necessary.
Acts 1981, 67th Leg., p. 1447, ch. 388, Sec. 1, eff. Sept. 1, 1981.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 324 (H.B. 1807), Sec. 25, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 773 (S.B. 1095), Sec. 25, eff. September 1, 2013.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle C - Control of Animal Diseases and Pests › Chapter 167 - Tick Eradication › Subchapter E. Enforcement › Section 167.103. Treatment of Animals by Peace Officer on Request of Inspector

Sec. 167.103.  TREATMENT OF ANIMALS BY PEACE OFFICER ON REQUEST OF INSPECTOR.  (a)  If a person responsible for treating animals fails to treat the animals at the time and place directed in the order or, prior to a treatment date in the order, states that he or she does not intend to treat the animals, the inspector in charge of tick eradication in that county shall notify a peace officer.
(b)  The peace officer shall deputize a sufficient number of assistants, to be designated by the supervising inspector of the county, shall enter the property on which the animals are located, and shall gather and treat the animals under the supervision of an inspector and in accordance with the directions of the commission.
(c)  The peace officer shall continue to treat the animals on each treatment date specified in the order until the person responsible for treatment begins and continues the treatment in accordance with that order.
Acts 1981, 67th Leg., p. 1447, ch. 388, Sec. 1, eff. Sept. 1, 1981.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 324 (H.B. 1807), Sec. 26, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 773 (S.B. 1095), Sec. 26, eff. September 1, 2013.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle C - Control of Animal Diseases and Pests › Chapter 167 - Tick Eradication › Subchapter E. Enforcement › Section 167.104. Seizure and Disposal of Animals Running at Large

Sec. 167.104.  SEIZURE AND DISPOSAL OF ANIMALS RUNNING AT LARGE.  (a)  An inspector may request a peace officer to seize animals if:
(1)  the inspector determines the animals to be running at large or on the open range of a county or part of a county in which the commission is conducting tick eradication under this chapter; and
(2)  the inspector is unable to locate the owner or caretaker of the animals.
(b)  The peace officer may deputize assistants, shall seize the animals, and shall treat the animals under the supervision of an inspector.  The officer shall impound the animals at a place designated by the inspector or otherwise dispose of the animals as necessary for the purpose of tick eradication.
Acts 1981, 67th Leg., p. 1448, ch. 388, Sec. 1, eff. Sept. 1, 1981.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 324 (H.B. 1807), Sec. 26, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 773 (S.B. 1095), Sec. 26, eff. September 1, 2013.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle C - Control of Animal Diseases and Pests › Chapter 167 - Tick Eradication › Subchapter E. Enforcement › Section 167.105. Seizure and Disposal of Animals Moved in Violation of Quarantine

Sec. 167.105.  SEIZURE AND DISPOSAL OF ANIMALS MOVED IN VIOLATION OF QUARANTINE.  (a)  An inspector who discovers animals that are being or have been moved in violation of a quarantine may request a peace officer to seize the animals and:
(1)  impound the animals at the expense of the owner; or
(2)  if practicable, return the animals at the expense of the owner to the point of origin.
(b)  In addition to other expenses, the owner of the seized animals shall pay the officer a fee of $2 and the cost of feeding, watering, and holding the animals.
Acts 1981, 67th Leg., p. 1448, ch. 388, Sec. 1, eff. Sept. 1, 1981.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 324 (H.B. 1807), Sec. 26, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 773 (S.B. 1095), Sec. 26, eff. September 1, 2013.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle C - Control of Animal Diseases and Pests › Chapter 167 - Tick Eradication › Subchapter E. Enforcement › Section 167.106. Injunction; Mandamus

Sec. 167.106.  INJUNCTION;  MANDAMUS.  (a)  The commission or a resident of this state may sue for an injunction to compel compliance with a provision of this chapter or to restrain a threatened violation of a provision of this chapter.
(b)  A resident of this state may sue for mandamus against a commissioners court to compel the compliance of that court with the duty of the commissioners court under this chapter.
(c)  The commission or a resident of a county or part of a county in which tick eradication is being conducted may sue for permanent or temporary relief to compel a person who is an owner, part owner, or caretaker of animals to treat the animals in accordance with this chapter if the person has failed or refused to treat the animals or has threatened to fail or refuse to treat the animals.  If the court finds that the defendant has been served with an order of the commission to treat the animals, that the animals are subject to treatment, and that the material allegations of the plaintiff's petition are true, the court shall enter an order commanding the defendant to treat the animals in accordance with the directions of the commission at the time and place designated in the order of the commission or in the order of the court.  If the defendant fails to comply with the order of the court, the court may hold the defendant in contempt and punish the defendant accordingly and shall order a peace officer to deputize assistants and treat the animals in accordance with the order of the court.  The expense of treating the animals and employing the peace officer and assistants shall be taxed against the defendant as a cost of suit.
(d)  A court may hear and determine a suit under this section in term or in vacation.  Notice of the suit shall be given to the defendant as the court determines justice requires.
Acts 1981, 67th Leg., p. 1448, ch. 388, Sec. 1, eff. Sept. 1, 1981.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 324 (H.B. 1807), Sec. 27, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 773 (S.B. 1095), Sec. 27, eff. September 1, 2013.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle C - Control of Animal Diseases and Pests › Chapter 167 - Tick Eradication › Subchapter E. Enforcement › Section 167.107. Sale of Animals Treated or Seized by Peace Officer

Sec. 167.107.  SALE OF ANIMALS TREATED OR SEIZED BY PEACE OFFICER.  (a)  A peace officer who gathers and treats or who seizes and impounds or disposes of animals under Section 167.103, 167.104, or 167.105 is entitled to retain and sell the animals for the purpose of securing payment for the expenses of handling, including the expenses of holding, feeding, and watering the animals.
(b)  Not later than the 60th day after the day on which animals are treated or seized, the peace officer may sell at public sale to the highest bidder a number of the animals sufficient to cover the secured expenses.  The officer shall conduct the sale at the courthouse door of the county in which the animals are located and shall post notice of the sale at that courthouse door at least five days before the day of the sale.
(c)  If any proceeds of the sale remain after deducting the amount to which the peace officer is entitled, the peace officer shall pay those proceeds to the county treasurer subject to the order of the owner of the animals.
(d)  A peace officer who treats animals under Section 167.103 is entitled to act under this section to secure the expenses of each day on which the animals are treated.
Acts 1981, 67th Leg., p. 1449, ch. 388, Sec. 1, eff. Sept. 1, 1981.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 324 (H.B. 1807), Sec. 28, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 773 (S.B. 1095), Sec. 28, eff. September 1, 2013.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle C - Control of Animal Diseases and Pests › Chapter 167 - Tick Eradication › Subchapter E. Enforcement › Section 167.109. Admissibility of Commission Instruments; Identification in Complaint

Sec. 167.109.  ADMISSIBILITY OF COMMISSION INSTRUMENTS;  IDENTIFICATION IN COMPLAINT.  (a)  A copy of a written instrument issued by the commission is admissible as evidence in any court of this state if the copy is certified by the presiding officer of the commission.
(b)  In a prosecution for a violation of this chapter, the state is not required to include in the complaint, information, or indictment a verbatim copy of a written instrument or proclamation, but may allege the issuance and identify it by date of issuance.
(c)  In the trial of a civil or criminal case under this chapter, in which a certified copy of a commission written instrument or a proclamation is to be introduced in evidence, the instrument or proclamation is not required to be filed with the papers of the cause and the party introducing it is not required to give notice of it to the other party.
Acts 1981, 67th Leg., p. 1450, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1995, 74th Leg., ch. 554, Sec. 34, eff. Sept. 1, 1995.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle C - Control of Animal Diseases and Pests › Chapter 167 - Tick Eradication › Subchapter E. Enforcement › Section 167.110. Presumption of Existence or Sufficiency of Treatment

Sec. 167.110.  PRESUMPTION OF EXISTENCE OR SUFFICIENCY OF TREATMENT.  (a)  In the trial of any case under this chapter in connection with the treatment of animals or the failure to treat animals, it is presumed that:
(1)  the treatment contained a sufficient amount of treatment chemical and the treatment chemical had been properly tested; or
(2)  the treatment chemical could have and would have been put into the treatment facility and tested if the owner or caretaker had brought the animals to the treatment facility for the purpose of treatment.
(b)  In a criminal prosecution for failure to treat animals under this chapter, the state is not required to allege and prove that the treatment facility contained treatment chemical.
(c)  If it is necessary in a court proceeding to prove the test of a treatment chemical, it is only necessary to prove that:
(1)  the treatment chemical used was one of the official treatment chemicals prescribed by the commission; and
(2)  the inspector tested the treatment chemical in accordance with the rules of the commission.
Acts 1981, 67th Leg., p. 1450, ch. 388, Sec. 1, eff. Sept. 1, 1981.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 324 (H.B. 1807), Sec. 30, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 773 (S.B. 1095), Sec. 30, eff. September 1, 2013.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle C - Control of Animal Diseases and Pests › Chapter 167 - Tick Eradication › Subchapter E. Enforcement › Section 167.111. Presumption of Ownership or Care

Sec. 167.111.  PRESUMPTION OF OWNERSHIP OR CARE.  (a)  If an inspector determines that a person is the owner, part owner, or caretaker of animals subject to treatment and an order to treat is issued and served, it is presumed that, at the time of a failure to treat, the person was still the owner, part owner, or caretaker of animals subject to treatment located on the premises described in the order.  In that case, the state is required to prove only that the person was the owner, part owner, or caretaker of animals subject to treatment located on the premises at the time the order was served.
(b)  After the service of an order to treat, if there are no longer any animals subject to treatment located on the premises and if no animals subject to treatment have been illegally removed, the defendant may file a sworn statement of that fact at the beginning of the trial.  If the defendant does not file that statement, it is presumed that the defendant's status as owner, part owner, or caretaker remained unchanged since the service of the order.
Acts 1981, 67th Leg., p. 1451, ch. 388, Sec. 1, eff. Sept. 1, 1981.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 324 (H.B. 1807), Sec. 30, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 773 (S.B. 1095), Sec. 30, eff. September 1, 2013.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle C - Control of Animal Diseases and Pests › Chapter 167 - Tick Eradication › Subchapter E. Enforcement › Section 167.112. Venue of Criminal Prosecution

Sec. 167.112.  VENUE OF CRIMINAL PROSECUTION.  The owner, part owner, or caretaker of animals is subject to prosecution under this chapter in the county in which the animals and the premises are located, regardless of whether the defendant was in the county at the time of issuance and service of the order to treat, at the time of the failure to treat, or at the time of violation of the quarantine.
Acts 1981, 67th Leg., p. 1451, ch. 388, Sec. 1, eff. Sept. 1, 1981.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 324 (H.B. 1807), Sec. 30, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 773 (S.B. 1095), Sec. 30, eff. September 1, 2013.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle C - Control of Animal Diseases and Pests › Chapter 167 - Tick Eradication › Subchapter E. Enforcement › Section 167.113. Civil Suit Against Corporate Offender

Sec. 167.113.  CIVIL SUIT AGAINST CORPORATE OFFENDER.  If a corporation or an agent of the corporation acting within the agent's scope of authority commits an offense under this chapter, the county attorney of the county in which the violation occurs shall institute a civil suit on behalf of the state in a court of competent jurisdiction for collection of the fine.
Acts 1981, 67th Leg., p. 1451, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle C - Control of Animal Diseases and Pests › Chapter 167 - Tick Eradication › Subchapter F. Penalties › Section 167.131. Refusal of Inspection

Sec. 167.131.  REFUSAL OF INSPECTION.  (a)  A person commits an offense if, as the owner, part owner, or caretaker of animals, the person fails to gather the animals for inspection at the time and place ordered by the commission under Section 167.008.
(b)  An offense under this section is a Class C misdemeanor unless it is shown on the trial of the offense that the defendant has been previously convicted under this section, in which event the offense is a Class B misdemeanor.
Acts 1981, 67th Leg., p. 1451, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1989, 71st Leg., ch. 836, Sec. 56, eff. Sept. 1, 1989;  Acts 1993, 73rd Leg., ch. 548, Sec. 21, eff. Sept. 1, 1993.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 324 (H.B. 1807), Sec. 31, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 773 (S.B. 1095), Sec. 31, eff. September 1, 2013.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle C - Control of Animal Diseases and Pests › Chapter 167 - Tick Eradication › Subchapter F. Penalties › Section 167.132. Movement of Animals in Violation of Quarantine

Sec. 167.132.  MOVEMENT OF ANIMALS IN VIOLATION OF QUARANTINE.  (a)  A person commits an offense if the person moves, or as owner, part owner, or caretaker permits the movement of, animals from any land, premises, or enclosure that is under quarantine for tick infestation or exposure in violation of the quarantine without a permit issued by an inspector of the commission or of the Animal and Plant Health Inspection Service, United States Department of Agriculture.
(b)  A railroad or other transportation company commits an offense if it permits an animal to enter stock pens in the tick eradication area under the company's control without a written certificate or permit from an inspector of the commission or of the Animal and Plant Health Inspection Service, United States Department of Agriculture.
(c)  An offense under this section is a Class C misdemeanor for each animal moved, permitted to move, or permitted to enter the pen unless it is shown on the trial of the offense that the defendant has been previously convicted under this section, in which event the offense is a Class B misdemeanor.
(d)  Except as provided by this subsection, a person commits a separate offense under Subsection (a) for each county into which animals are moved within 30 days following the day on which the animals leave the county in which they were quarantined.  A person does not commit an offense for a county if the person complied with the requirements of this chapter prior to entry into that county.
Acts 1981, 67th Leg., p. 1451, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1989, 71st Leg., ch. 836, Sec. 57, eff. Sept. 1, 1989;  Acts 1993, 73rd Leg., ch. 548, Sec. 22, eff. Sept. 1, 1993.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 324 (H.B. 1807), Sec. 32, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 773 (S.B. 1095), Sec. 32, eff. September 1, 2013.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle C - Control of Animal Diseases and Pests › Chapter 167 - Tick Eradication › Subchapter F. Penalties › Section 167.133. Movement of Animals or Commodities Into Texas From Quarantined Area

Sec. 167.133.  MOVEMENT OF ANIMALS OR COMMODITIES INTO TEXAS FROM QUARANTINED AREA.  (a)  A person commits an offense if the person:
(1)  moves animals or, as owner, part owner, or caretaker, permits animals to be moved into this state in violation of Section 167.026(a); or
(2)  moves animals or commodities into this state in violation of Section 167.026(b) or (c).
(b)  An offense under Subsection (a)(1) is a Class C misdemeanor for each animal moved or permitted to be moved unless it is shown on the trial of the offense that the defendant has been previously convicted under this section, in which event the offense is a Class B misdemeanor.
(c)  An offense under Subsection (a)(2) of this section is a Class C misdemeanor unless it is shown on the trial of the offense that the defendant has been previously convicted under this section, in which event the offense is a Class B misdemeanor.  A person commits a separate offense under that subsection for the movement of each animal, each animal product, or each shipment of another commodity.
Acts 1981, 67th Leg., p. 1452, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1989, 71st Leg., ch. 836, Sec. 58, eff. Sept. 1, 1989;  Acts 1993, 73rd Leg., ch. 548, Sec. 23, eff. Sept. 1, 1993.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 324 (H.B. 1807), Sec. 33, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 773 (S.B. 1095), Sec. 33, eff. September 1, 2013.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle C - Control of Animal Diseases and Pests › Chapter 167 - Tick Eradication › Subchapter F. Penalties › Section 167.134. Movement of Animals in Violation of Permit or Certificate

Sec. 167.134.  MOVEMENT OF ANIMALS IN VIOLATION OF PERMIT OR CERTIFICATE.  (a)  A person commits an offense if the person moves or, as owner, part owner, or caretaker, permits the movement of, animals under a certificate or permit from quarantined land, premises, or enclosures to a place other than that designated on the certificate or permit by the inspector.
(b)  An offense under this section is a Class C misdemeanor for each animal moved unless it is shown on the trial of the offense that the defendant has been previously convicted under this section, in which event the offense is a Class B misdemeanor.
Acts 1981, 67th Leg., p. 1452, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1989, 71st Leg., ch. 836, Sec. 59, eff. Sept. 1, 1989;  Acts 1993, 73rd Leg., ch. 548, Sec. 24, eff. Sept. 1, 1993.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 324 (H.B. 1807), Sec. 34, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 773 (S.B. 1095), Sec. 34, eff. September 1, 2013.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle C - Control of Animal Diseases and Pests › Chapter 167 - Tick Eradication › Subchapter F. Penalties › Section 167.135. Failure to Possess or Exhibit Permit or Certificate

Sec. 167.135.  FAILURE TO POSSESS OR EXHIBIT PERMIT OR CERTIFICATE.  (a)  A person commits an offense if the person is in charge of animals for which a certificate or permit is required or is in charge of the conveyance transporting that animal and the person fails to possess or exhibit the certificate or permit in the manner provided by Section 167.027.
(b)  An offense under this section is a Class C misdemeanor for each animal moved or conveyed without a certificate or permit as required by Subsection (a) unless it is shown on the trial of the offense that the defendant has been previously convicted under this section, in which event the offense is a Class B misdemeanor.
Acts 1981, 67th Leg., p. 1452, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1989, 71st Leg., ch. 836, Sec. 60, eff. Sept. 1, 1989;  Acts 1993, 73rd Leg., ch. 548, Sec. 25, eff. Sept. 1, 1993.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 324 (H.B. 1807), Sec. 34, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 773 (S.B. 1095), Sec. 34, eff. September 1, 2013.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle C - Control of Animal Diseases and Pests › Chapter 167 - Tick Eradication › Subchapter F. Penalties › Section 167.136. Failure to Make Statement of Possession and Destination; Making False Statement

Sec. 167.136.  FAILURE TO MAKE STATEMENT OF POSSESSION AND DESTINATION;  MAKING FALSE STATEMENT.  (a)  A person required by Section 167.028 of this code to make a written statement commits an offense if the person:
(1)  fails or refuses to make the statement in accordance with that section;  or
(2)  makes a false statement under that section.
(b)  An offense under this section is a Class C misdemeanor unless it is shown on the trial of the offense that the defendant has been previously convicted under this section, in which event the offense is a Class B misdemeanor.
Acts 1981, 67th Leg., p. 1452, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1989, 71st Leg., ch. 836, Sec. 61, eff. Sept. 1, 1989;  Acts 1993, 73rd Leg., ch. 548, Sec. 26, eff. Sept. 1, 1993.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle C - Control of Animal Diseases and Pests › Chapter 167 - Tick Eradication › Subchapter F. Penalties › Section 167.137. Failure to Disinfect Conveyance

Sec. 167.137.  FAILURE TO DISINFECT CONVEYANCE.  (a)  A person required by Section 167.030 of this code to clean and disinfect a conveyance commits an offense if the person fails or refuses to clean and disinfect the conveyance in accordance with the rules of the commission.
(b)  An offense under this section is a Class C misdemeanor for each car or other means of conveyance not cleaned and disinfected unless it is shown on the trial of the offense that the defendant has been previously convicted under this section, in which event the offense is a Class B misdemeanor.
(c)  A person commits a separate offense for each day of failure or refusal.
Acts 1981, 67th Leg., p. 1453, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1989, 71st Leg., ch. 836, Sec. 62, eff. Sept. 1, 1989;  Acts 1993, 73rd Leg., ch. 548, Sec. 27, eff. Sept. 1, 1993.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle C - Control of Animal Diseases and Pests › Chapter 167 - Tick Eradication › Subchapter F. Penalties › Section 167.138. Use of Sand as Bedding

Sec. 167.138.  USE OF SAND AS BEDDING.  (a)  A person commits an offense if the person uses sand as bedding in an animal conveyance in violation of a quarantine established or a commission rule adopted under Section 167.031.
(b)  An offense under this section is a Class C misdemeanor unless it is shown on the trial of the offense that the defendant has been previously convicted under this section, in which event the offense is a Class B misdemeanor.
Acts 1981, 67th Leg., p. 1453, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1989, 71st Leg., ch. 836, Sec. 63, eff. Sept. 1, 1989;  Acts 1993, 73rd Leg., ch. 548, Sec. 28, eff. Sept. 1, 1993.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 324 (H.B. 1807), Sec. 35, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 773 (S.B. 1095), Sec. 35, eff. September 1, 2013.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle C - Control of Animal Diseases and Pests › Chapter 167 - Tick Eradication › Subchapter F. Penalties › Section 167.139. Movement of Commodities From Quarantined Area

Sec. 167.139.  MOVEMENT OF COMMODITIES FROM QUARANTINED AREA.  (a)  A person commits an offense if the person moves a commodity capable of carrying ticks from a quarantined area in violation of a quarantine established or a commission rule adopted under Section 167.032 of this code.
(b)  An offense under this section is a Class C misdemeanor unless it is shown on the trial of the offense that the defendant has been previously convicted under this section, in which event the offense is a Class B misdemeanor.
Acts 1981, 67th Leg., p. 1453, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1989, 71st Leg., ch. 836, Sec. 64, eff. Sept. 1, 1989;  Acts 1993, 73rd Leg., ch. 548, Sec. 29, eff. Sept. 1, 1993.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle C - Control of Animal Diseases and Pests › Chapter 167 - Tick Eradication › Subchapter F. Penalties › Section 167.140. Improper Handling and Removal of Animal Refuse or Dead or Injured Animals

Sec. 167.140.  IMPROPER HANDLING AND REMOVAL OF ANIMAL REFUSE OR DEAD OR INJURED ANIMALS.  (a)  A person commits an offense if the person violates a quarantine established or a commission rule adopted under Section 167.033 of this code.
(b)  An offense under this section is a Class C misdemeanor unless it is shown on the trial of the offense that the defendant has been previously convicted under this section, in which event the offense is a Class B misdemeanor.
Acts 1981, 67th Leg., p. 1453, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1989, 71st Leg., ch. 836, Sec. 65, eff. Sept. 1, 1989;  Acts 1993, 73rd Leg., ch. 548, Sec. 30, eff. Sept. 1, 1993.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 324 (H.B. 1807), Sec. 36, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 773 (S.B. 1095), Sec. 36, eff. September 1, 2013.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle C - Control of Animal Diseases and Pests › Chapter 167 - Tick Eradication › Subchapter F. Penalties › Section 167.141. Failure to Treat Animals

Sec. 167.141.  FAILURE TO TREAT ANIMALS.  (a)  A person who is the owner, part owner, or caretaker of animals commits an offense if, after the 12th day following the day on which notice of an order to treat is received, the person fails or refuses to treat the animals as prescribed in the order, on any date prescribed in the order, during the hours prescribed in the order, under the supervision of an inspector, with an official treatment chemical, or in the treatment facility designated in the order.
(b)  An offense under this section is a Class C misdemeanor unless it is shown on the trial of the offense that the defendant has been previously convicted under this section, in which event the offense is a Class B misdemeanor.
Acts 1981, 67th Leg., p. 1453, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1989, 71st Leg., ch. 836, Sec. 66, eff. Sept. 1, 1989;  Acts 1993, 73rd Leg., ch. 548, Sec. 31, eff. Sept. 1, 1993.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 324 (H.B. 1807), Sec. 37, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 324 (H.B. 1807), Sec. 38, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 773 (S.B. 1095), Sec. 37, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 773 (S.B. 1095), Sec. 38, eff. September 1, 2013.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle C - Control of Animal Diseases and Pests › Chapter 167 - Tick Eradication › Subchapter F. Penalties › Section 167.142. Destruction of Public Treatment Facilities

Sec. 167.142.  DESTRUCTION OF PUBLIC TREATMENT FACILITIES.  (a)  A person commits an offense if the person, without lawful authority:
(1)  damages or destroys all or part of a dipping vat, pen, chute, or other facility provided under Section 167.059 of this code by use of any means, including cutting, burning, or tearing down or by use of dynamite or another explosive;  or
(2)  attempts to damage or destroy all or part of one of those facilities.
(b)  An offense under this section is a Class C misdemeanor unless it is shown on the trial of the offense that the defendant has been previously convicted under this section, in which event the offense is a Class B misdemeanor.
Acts 1981, 67th Leg., p. 1453, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1989, 71st Leg., ch. 836, Sec. 67, eff. Sept. 1, 1989;  Acts 1993, 73rd Leg., ch. 548, Sec. 32, eff. Sept. 1, 1993.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 324 (H.B. 1807), Sec. 39, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 773 (S.B. 1095), Sec. 39, eff. September 1, 2013.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle C - Control of Animal Diseases and Pests › Chapter 167 - Tick Eradication › Subchapter F. Penalties › Section 167.143. Failure to Provide Tick-Free Stockyard Facilities

Sec. 167.143.  FAILURE TO PROVIDE TICK-FREE STOCKYARD FACILITIES.  (a)  A stockyard company or an owner, operator, or person in charge of a stockyard commits an offense if the person fails or refuses to provide and complete facilities required by the commission under Subchapter D of this chapter within 60 days after the day on which notice of designation is served under that subchapter.
(b)  An offense under this section is a Class C misdemeanor unless it is shown on the trial of the offense that the defendant has been previously convicted under this section, in which event the offense is a Class B misdemeanor.
(c)  A person commits a separate offense for each 30 days of failure or refusal within the 24 months following service of notice.
Acts 1981, 67th Leg., p. 1454, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1989, 71st Leg., ch. 836, Sec. 68, eff. Sept. 1, 1989;  Acts 1993, 73rd Leg., ch. 548, Sec. 33, eff. Sept. 1, 1993.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle C - Control of Animal Diseases and Pests › Chapter 167 - Tick Eradication › Subchapter F. Penalties › Section 167.144. Refusal to Permit Search

Sec. 167.144.  REFUSAL TO PERMIT SEARCH.  (a)  A person commits an offense if the person refuses to permit a person to whom a search warrant is issued under Section 167.102 of this code, that person's assistant, or a peace officer, to enter the property described in the warrant or to perform a duty under this chapter.
(b)  An offense under this section is a Class B misdemeanor.
(c)  A person commits a separate offense for each day of refusal.
Acts 1981, 67th Leg., p. 1454, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1989, 71st Leg., ch. 836, Sec. 69, eff. Sept. 1, 1989.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle C - Control of Animal Diseases and Pests › Chapter 168 - Pullorum Disease and Fowl Typhoid Control › Section 168.001. Definitions

Sec. 168.001.  DEFINITIONS.  In this chapter:
(1)  "Commission" means the Texas Animal Health Commission.
(2)  "Laboratory" means the Texas Veterinary Medical Diagnostic Laboratory.
(3)  "Flock" means poultry and eggs produced by poultry.
(4)  "Hatchery" means an enterprise that operates equipment for the hatching of eggs.
(5)  "Poultry" means domestic fowl, including chickens, turkeys, and game birds.
Acts 1981, 67th Leg., p. 1454, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1991, 72nd Leg., ch. 40, Sec. 1, eff. April 19, 1991.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle C - Control of Animal Diseases and Pests › Chapter 168 - Pullorum Disease and Fowl Typhoid Control › Section 168.002. Control and Eradication Program

Sec. 168.002.  CONTROL AND ERADICATION PROGRAM.  The laboratory shall promulgate and administer a program to control and eradicate pullorum disease and fowl typhoid, with standards at least as stringent as those specified in the National Poultry Improvement Plan (7 U.S.C. Section 429).
Acts 1981, 67th Leg., p. 1455, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1991, 72nd Leg., ch. 40, Sec. 2, eff. April 19, 1991;  Acts 1991, 72nd Leg., 1st C.S., ch. 14, Sec. 2.01, eff. Nov. 12, 1991.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle C - Control of Animal Diseases and Pests › Chapter 168 - Pullorum Disease and Fowl Typhoid Control › Section 168.003. Administration of Program; Search Warrant

Sec. 168.003.  ADMINISTRATION OF PROGRAM;  SEARCH WARRANT.  (a)  In administering the program, the laboratory may:
(1)  require the registration of hatcheries and hatchery supply flocks;
(2)  examine, test, monitor, and collect samples from any flock, whether a hatchery supply flock or not, if the flock is suspected of being infected or a potential source of infection;
(3)  examine, test, monitor, and collect samples from any hatchery supply flock;
(4)  enter premises where flocks are kept or eggs are hatched as necessary to administer this chapter;  and
(5)  promulgate rules necessary to the control and eradication of pullorum disease and fowl typhoid.
(b)  If a person conducting an inspection of premises under Subsection (a)(4) of this section desires to be accompanied by a peace officer, the person may apply to any magistrate in the county where the property is located for the issuance of a search warrant.  In applying for the warrant, the person shall describe the premises or place to be entered and shall by oath or affirmation give evidence of probable cause to believe that entry is necessary for the control or eradication of pullorum disease or fowl typhoid.  The application for the warrant and the warrant itself need only describe the property or premises in terms sufficient to enable the owner or caretaker to know what property is referred to in the documents.  The warrant entitles the person to whom it is issued to be accompanied by a peace officer and by assistants.  The issuing magistrate may not charge court costs or other fees for the issuance of this warrant.
Acts 1981, 67th Leg., p. 1455, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1991, 72nd Leg., ch. 40, Sec. 2, eff. April 19, 1991;  Acts 1991, 72nd Leg., 1st C.S., ch. 14, Sec. 2.01, eff. Nov. 12, 1991.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle C - Control of Animal Diseases and Pests › Chapter 168 - Pullorum Disease and Fowl Typhoid Control › Section 168.004. Quarantine and Disposal

Sec. 168.004.  QUARANTINE AND DISPOSAL.  (a)  If the laboratory determines that any part of a flock is infected, it shall certify that information to the commission, and the commission shall verify the infection and immediately quarantine part or all of the flock.  The commission may authorize the laboratory to quarantine an infected flock on behalf of the commission. The commission shall give notice of the quarantine in the same manner as provided by law for the quarantine of other livestock and fowl.  The commission shall also order a cessation in the sale, movement, or exhibition of quarantined poultry or eggs and may seek an injunction to enforce an order concerning infected flocks.
(b)  A quarantined flock shall be disposed of in a manner prescribed by the commission.  If disposal involves movement to a state or federally inspected poultry processing establishment, the commission shall issue a certificate to accompany the flock.  When the flock is disposed of and other measures necessary to the control and eradication of pullorum disease and fowl typhoid are taken, the commission shall remove the quarantine.
(c)  The owner of a quarantined flock is entitled to a retesting of the flock before its disposal.
Acts 1981, 67th Leg., p. 1455, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1989, 71st Leg., ch. 836, Sec. 70, eff. Sept. 1, 1989;  Acts 1991, 72nd Leg., ch. 40, Sec. 2, eff. April 19, 1991;  Acts 1991, 72nd Leg., 1st C.S., ch. 14, Sec. 2.01, eff. Nov. 12, 1991.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle C - Control of Animal Diseases and Pests › Chapter 168 - Pullorum Disease and Fowl Typhoid Control › Section 168.005. Public Exhibition

Sec. 168.005.  PUBLIC EXHIBITION.  A person may not enter poultry in public exhibition unless the stock originates from a flock or hatchery free of pullorum disease and fowl typhoid or has a negative pullorum-typhoid test after the 90th day before the day of the exhibition.  Chickens or turkeys entered in public exhibition must be accompanied by a certificate of purchase from the hatchery.
Acts 1981, 67th Leg., p. 1456, ch. 388, Sec. 1, eff. Sept. 1, 1981.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle C - Control of Animal Diseases and Pests › Chapter 168 - Pullorum Disease and Fowl Typhoid Control › Section 168.006. Assistance by Flock Owner

Sec. 168.006.  ASSISTANCE BY FLOCK OWNER.  The owner of a flock shall assist the laboratory and the commission in handling the poultry and shall pen and present the flock on request.
Acts 1981, 67th Leg., p. 1456, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1991, 72nd Leg., ch. 40, Sec. 2, eff. April 19, 1991;  Acts 1991, 72nd Leg., 1st C.S., ch. 14, Sec. 2.01, eff. Nov. 12, 1991.