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 165 - Control of Diseases of Swine › Subchapter B. Cooperative Program for Disease Eradication › Section 165.022. Method of Disease Eradication

Text of section as amended by Acts 2021, 87th Leg., R.S., Ch. 849 (S.B. 705), Sec. 35
For text of section as amended by Acts 2021, 87th Leg., R.S., Ch. 623 (S.B. 1997), Sec. 4, see other Sec. 165.022.
Sec. 165.022.  METHOD OF DISEASE ERADICATION.  Following notice and public hearing, the commission shall adopt rules for the enforcement of this subchapter, including rules providing for the manner, method, and system of eradicating swine diseases.  The commission may by a two-thirds vote adopt rules more stringent than the rules relating to minimum standards for cooperative programs adopted by the Animal and Plant Health Inspection Service of the United States Department of Agriculture.
Acts 1981, 67th Leg., p. 1429, ch. 388, Sec. 1, eff. Sept. 1, 1981.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 849 (S.B. 705), Sec. 35, eff. September 1, 2021.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle C - Control of Animal Diseases and Pests › Chapter 165 - Control of Diseases of Swine › Subchapter B. Cooperative Program for Disease Eradication › Section 165.022. Method of Disease Eradication

Text of section as amended by Acts 2021, 87th Leg., R.S., Ch. 623 (S.B. 1997), Sec. 4
For text of section as amended by Acts 2021, 87th Leg., R.S., Ch. 849 (S.B. 705), Sec. 35, see other Sec. 165.022.
Sec. 165.022.  METHOD OF DISEASE ERADICATION.  (a) Following notice and public hearing, the commission shall adopt rules for the enforcement of this subchapter, including rules providing for the manner, method, and system of eradicating swine diseases.
(b)  The commission may by a two-thirds vote adopt rules under this section that are more stringent than the minimum standards for cooperative programs adopted by the Animal and Plant Health Inspection Service of the United States Department of Agriculture.
Acts 1981, 67th Leg., p. 1429, ch. 388, Sec. 1, eff. Sept. 1, 1981.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 623 (S.B. 1997), Sec. 4, eff. September 1, 2021.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle C - Control of Animal Diseases and Pests › Chapter 165 - Control of Diseases of Swine › Subchapter B. Cooperative Program for Disease Eradication › Section 165.023. Use of Biologics

Sec. 165.023.  USE OF BIOLOGICS.  The commission shall adopt rules governing the use of biologics as a protection against dissemination of communicable swine diseases.
Acts 1981, 67th Leg., p. 1429, 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 165 - Control of Diseases of Swine › Subchapter B. Cooperative Program for Disease Eradication › Section 165.027. Entry Power

Sec. 165.027.  ENTRY POWER.  (a)  A representative of the commission, including a member of the commission, is entitled to enter the premises of any person for the purpose of inspecting swine or the heating or cooking equipment required by this subchapter or for the purpose of performing another duty under this subchapter.
(b)  A person may not refuse to permit an inspection authorized by this subchapter.
Acts 1981, 67th Leg., p. 1430, 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 165 - Control of Diseases of Swine › Subchapter C. Penalties › Section 165.041. General Penalty

Sec. 165.041.  GENERAL PENALTY.  (a)  A person commits an offense if the person violates a provision of Subchapter B of this chapter or a rule adopted 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 day of violation.
Acts 1981, 67th Leg., p. 1430, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1989, 71st Leg., ch. 836, Sec. 51, eff. Sept. 1, 1989;  Acts 1993, 73rd Leg., ch. 548, Sec. 20, 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 165 - Control of Diseases of Swine › Subchapter C. Penalties › Section 165.042. Sale of Unattenuated Classical Swine Fever Virus

Sec. 165.042.  SALE OF UNATTENUATED CLASSICAL SWINE FEVER VIRUS.  (a)  A person commits an offense if the person violates Section 165.003 of this code.
(b)  An offense under this section is a Class B misdemeanor.
Acts 1981, 67th Leg., p. 1431, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1989, 71st Leg., ch. 836, Sec. 52, eff. Sept. 1, 1989.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 623 (S.B. 1997), Sec. 5, eff. September 1, 2021.
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 A. General Provisions › Section 167.001. Definitions

Sec. 167.001.  DEFINITIONS.  In this chapter:
(1)  "Animal" means any domestic, free-range, or wild animal capable of hosting or transporting ticks capable of carrying Babesia, including:
(A)  livestock;
(B)  zebras, bison, and giraffes; and
(C)  deer, elk, and other cervid species.
(1-a)  "Commission" means the Texas Animal Health Commission.
(2)  "Enclosure" includes a pasture, pen, or lot.
(3)  "Inspector" means an inspector of the commission, including a local inspector, a county or district supervising inspector, and the chief inspector.
(4)  "Livestock" means cattle, horses, mules, jacks, or jennets.
(5)  "Peace officer" includes a sheriff, constable, or other peace officer authorized to perform services in the county in which services are required.
(6)  "Tick" means any tick capable of carrying Babesia, otherwise known as "fever."
(7)  "Exotic livestock" has the meaning assigned by Section 161.001(a)(3) of this code.
(8)  "Treatment" means a procedure or management practice used on an animal to prevent the infestation of, control, or eradicate ticks capable of carrying Babesia.
Acts 1981, 67th Leg., p. 1436, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1987, 70th Leg., ch. 637, Sec. 7, eff. Aug. 31, 1987;  Acts 1989, 71st Leg., ch. 836, Sec. 53, eff. Sept. 1, 1989.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 324 (H.B. 1807), Sec. 1, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 773 (S.B. 1095), Sec. 1, 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 A. General Provisions › Section 167.002. Caretaker of Animal

Sec. 167.002.  CARETAKER OF ANIMAL.  A person is subject to this chapter as the caretaker of an animal if the person:
(1)  is the owner, part owner, lessee, occupant, or caretaker of land or premises, and controls that land or those premises, on which the animal is located;
(2)  is the parent of a minor child who owns an interest in the animal, unless a person other than the parent is the legal guardian of the minor child's estate;  or
(3)  is the administrator, executor, or guardian of an estate that owns the animal, or owns land on which the animal is located, and controls the estate by reason of the administration or guardianship.
Acts 1981, 67th Leg., p. 1436, 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 A. General Provisions › Section 167.003. General Powers and Duties of Commission

Sec. 167.003.  GENERAL POWERS AND DUTIES OF COMMISSION.  (a)  In accordance with this chapter, the commission shall eradicate all ticks capable of carrying Babesia in this state and shall protect all land, premises, and animals in this state from those ticks and exposure to those ticks.
(b)  In carrying out this chapter, the commission may:
(1)  adopt necessary rules;
(2)  employ necessary personnel, including a chief inspector, chief clerk, stenographers, and clerks, and assign the personnel to perform duties authorized by this chapter or incidental to its enforcement;
(3)  assist and cooperate with county officials;  and
(4)  enter into cooperative agreements with other state agencies or agencies of the federal government.
(c)  The commission by rule may provide for the manner and method of treating saddle stock and stock used for gentle work and for the handling and certifying of that stock for movement, but unless the commission so provides, the stock is subject to this chapter as other animals.
Acts 1981, 67th Leg., p. 1436, ch. 388, Sec. 1, eff. Sept. 1, 1981.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 324 (H.B. 1807), Sec. 2, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 773 (S.B. 1095), Sec. 2, 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 A. General Provisions › Section 167.004. Classification of Animals or Premises as Infested, Exposed, or Free From Exposure

Sec. 167.004.  CLASSIFICATION OF ANIMALS OR PREMISES AS INFESTED, EXPOSED, OR FREE FROM EXPOSURE.  (a)  If a tick is found on an animal, the following are classified as tick infested:
(1)  each animal that is in the same herd or is then or thereafter on the same range or in the same enclosure as the animal on which the tick is found; and
(2)  the range or enclosure in or on which the animal is located.
(b)  The commission by rule shall define what animals and premises are to be classified as exposed to ticks.  The commission shall classify as exposed to ticks animals that have been on land or in an enclosure that the commission determines to be tick infested or exposed to ticks or to have been tick infested or exposed to ticks before or after the removal of the animals, unless the commission determines that the infestation or exposure occurred after the animals were removed and that the animals did not become infested or exposed before removal.
(c)  Animals, land, and premises classified as tick infested or exposed to ticks retain that classification until the classification is changed by the commission in accordance with this chapter.
(d)  Animals, land, and premises in the tick eradication area may not be considered to be free from exposure to ticks unless:
(1)  the commission has officially classified the animals or premises as free from exposure and filed a copy of the order making that classification in the office of the supervising inspector of the county in which the animals or premises are located;  or
(2)  the supervising inspector of the county in which the animals or premises are located, under the authority of the commission, has classified the animals or premises in writing as free from exposure and filed the written classification in the supervising inspector's office.
Acts 1981, 67th Leg., p. 1437, ch. 388, Sec. 1, eff. Sept. 1, 1981.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 324 (H.B. 1807), Sec. 3, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 773 (S.B. 1095), Sec. 3, 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 A. General Provisions › Section 167.005. Eradication, Free, and Inactive Quarantine Areas

Sec. 167.005.  ERADICATION, FREE, AND INACTIVE QUARANTINE AREAS.  (a)  The tick eradication area is composed of counties and parts of counties designated for tick eradication under Section 167.006 of this code.
(b)  The free area and the inactive quarantine area are composed of counties and parts of counties designated by the commission to be part of the applicable area.
(c)  The commission may transfer a county or part of a county from the tick eradication area, the free area, or the inactive quarantine area to another type of area as the commission considers advisable or necessary.
Acts 1981, 67th Leg., p. 1437, 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 A. General Provisions › Section 167.006. Designation of Tick Eradication Area

Sec. 167.006.  DESIGNATION OF TICK ERADICATION AREA.  (a)  The commission may designate for tick eradication any county or part of a county that the commission determines may contain ticks.
(b)  The commission shall give notice that a county or part of a county is designated for tick eradication by:
(1)  publishing a brief notice of the designation in a newspaper published in that county or that part of the county, as applicable;  or
(2)  posting a brief notice of the designation at the courthouse door of the county.
(c)  The notice must prescribe a date on which the designation is to take effect and must be published or posted before the 10th day preceding that date.  The county affected by the designation shall pay the expenses of giving notice.
(d)  The designation of a county or part of a county for tick eradication takes effect on:
(1)  the date specified in the notice, if the notice is published or posted within the time prescribed by Subsection (c) of this section;  or
(2)  the 10th day following the day on which notice is published or posted, if the notice is not published or posted within the time prescribed by that subsection.
Acts 1981, 67th Leg., p. 1437, 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 A. General Provisions › Section 167.007. Tick Eradication in Free Area

Sec. 167.007.  TICK ERADICATION IN FREE AREA.  (a)  The commission may conduct tick eradication in the free area and may establish quarantines and require the treatment of animals in the free area as provided by this chapter.  The commission shall designate in writing the land or premises in the free area in which tick eradication is to be conducted.
(b)  An owner or caretaker of animals in the free area and the commissioners court of a county all or part of which is located in the free area shall cooperate with the commission in the manner provided by this chapter for tick eradication in the tick eradication area.
Acts 1981, 67th Leg., p. 1438, ch. 388, Sec. 1, eff. Sept. 1, 1981.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 324 (H.B. 1807), Sec. 4, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 773 (S.B. 1095), Sec. 4, 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 A. General Provisions › Section 167.008. Inspections

Sec. 167.008.  INSPECTIONS.  The commission may order the owner, part owner, or caretaker of animals to gather the animals for inspection at a time and place prescribed in the order of the commission.  The commission shall serve written notice of the order not later than the 12th day before the day of inspection.  A person on whom an order is served is entitled to request and obtain a hearing in the manner provided by this chapter for hearings on orders to treat animals.
Acts 1981, 67th Leg., p. 1438, ch. 388, Sec. 1, eff. Sept. 1, 1981.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 324 (H.B. 1807), Sec. 4, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 773 (S.B. 1095), Sec. 4, 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 B. Quarantines; Regulation of Movement of Animals and Commodities › Section 167.021. General Quarantine Power

Sec. 167.021.  GENERAL QUARANTINE POWER.  (a)  The commission may establish quarantines on land, premises, and animals as necessary for tick eradication.
(b)  The commission in writing may release a quarantine established under this chapter if the commission considers it necessary or advisable to do so.
Acts 1981, 67th Leg., p. 1438, ch. 388, Sec. 1, eff. Sept. 1, 1981.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 324 (H.B. 1807), Sec. 5, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 773 (S.B. 1095), Sec. 5, 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 B. Quarantines; Regulation of Movement of Animals and Commodities › Section 167.022. Quarantine of Tick Eradication Area

Sec. 167.022.  QUARANTINE OF TICK ERADICATION AREA.  (a)  The order designating a county or part of a county for tick eradication shall contain a provision quarantining that county or part of a county.
(b)  A quarantine under this section has the effect of quarantining all land, premises, and animals in the area quarantined, regardless of whether any person's land, premises, or animals are specifically described in the quarantine order.
Acts 1981, 67th Leg., p. 1438, ch. 388, Sec. 1, eff. Sept. 1, 1981.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 324 (H.B. 1807), Sec. 6, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 773 (S.B. 1095), Sec. 6, 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 B. Quarantines; Regulation of Movement of Animals and Commodities › Section 167.023. Quarantine of Free Area

Sec. 167.023.  QUARANTINE OF FREE AREA.  (a)  The commission by written order may establish a quarantine in the free area if necessary for the purpose of regulating the handling of animals and eradicating ticks or exposure to ticks in the free area or for the purpose of preventing the spread of tick infestation into the free area.
(b)  The order of the commission establishing a quarantine in the free area shall designate the land or premises to be quarantined.
(c)  The commission shall give notice of a quarantine established in the free area by:
(1)  delivering notice to each owner or caretaker of animals in the area to be quarantined or to each owner or caretaker of land or premises in the area on which animals are located;
(2)  posting written notice at the courthouse door of each county in which the area to be quarantined is located; or
(3)  publishing notice in a newspaper published in each county in which the area to be quarantined is located.
Acts 1981, 67th Leg., p. 1438, ch. 388, Sec. 1, eff. Sept. 1, 1981.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 324 (H.B. 1807), Sec. 7, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 773 (S.B. 1095), Sec. 7, 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 B. Quarantines; Regulation of Movement of Animals and Commodities › Section 167.024. Movement in or From Quarantined Area

Sec. 167.024.  MOVEMENT IN OR FROM QUARANTINED AREA.  (a)  Unless a person first obtains a permit or a certificate from an authorized inspector, the person may not move animals in a quarantined area:
(1)  from land owned, leased, or occupied by one person into or through any other land owned, leased, or occupied by another person; or
(2)  onto any open range, public street, public road, or thoroughfare.
(b)  Unless the person first obtains a permit or a certificate from an authorized inspector, the owner or caretaker of animals in a quarantined area may not move the animals, or permit the animals to be moved, from an enclosure owned, leased, or occupied by that person, from any open range, street, road, or thoroughfare, or from any land that the person does not own or control, into any other enclosure or other land owned, cared for, or controlled by that person, if:
(1)  the animals are subject to treatment under this chapter and the land or enclosure to which the animals are moved:
(A)  is classified in the records of the county supervising inspector as being free from ticks; or
(B)  has been released from quarantine by the commission; or
(2)  the animals are subject to treatment but are not being treated under this chapter in the conduct of regular systematic tick eradication by the commission and the land or enclosure to which the animals are moved is owned or controlled by that person and:
(A)  tick eradication work is being conducted there; or
(B)  the land or enclosure is vacated under the direction of the commission for the purpose of tick eradication.
(c)  The owner or caretaker of animals located in a quarantined area may move animals, or permit animals to be moved, to and from treatment facilities for the purpose of treating the animals on a regular treatment date at the treatment facility to which the animals are to be moved or on another date designated by the inspector in charge of the treatment facility.  The movement of animals under this subsection must be in accordance with the rules of the commission.  Any other movement is considered to be in violation of the quarantine.
(d)  In this section, "other land" means land that is separated from the land from which movement is made by a fence, dividing line, or the land of another person.
Acts 1981, 67th Leg., p. 1439, ch. 388, Sec. 1, eff. Sept. 1, 1981.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 324 (H.B. 1807), Sec. 8, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 773 (S.B. 1095), Sec. 8, 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 B. Quarantines; Regulation of Movement of Animals and Commodities › Section 167.025. Movement in or From Inactive Quarantined Area

Sec. 167.025.  MOVEMENT IN OR FROM INACTIVE QUARANTINED AREA.  A person may not move animals or permit animals to be moved from or within the inactive quarantined area except in accordance with the rules of the commission.
Acts 1981, 67th Leg., p. 1440, ch. 388, Sec. 1, eff. Sept. 1, 1981.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 324 (H.B. 1807), Sec. 9, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 773 (S.B. 1095), Sec. 9, 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 B. Quarantines; Regulation of Movement of Animals and Commodities › Section 167.026. Movement Into This State From Quarantined Area

Sec. 167.026.  MOVEMENT INTO THIS STATE FROM QUARANTINED AREA.  (a)  A person may not move animals, or permit animals of which the person is the owner, part owner, or caretaker to be moved, into this state from an area in another state, territory, or country that is under state or federal quarantine for tick infestation or exposure unless the animals are accompanied by a certificate from an inspector of the Animal and Plant Health Inspection Service, United States Department of Agriculture.
(b)  A person may not move goats, hogs, sheep, exotic livestock, or circus animals into this state from an area of another state, territory, or country that is under state or federal quarantine for tick infestation unless the animals:
(1)  have been treated free from infestation or exposure; and
(2)  are certified as having been so treated by an inspector of the commission or of the Animal and Plant Health Inspection Service, United States Department of Agriculture.
(c)  A person may not move hay, straw, grass, packing straw, pine straw, corn shucks, weeds, plants, litter, manure, dirt, posts, sand, gravel, caliche, or animal by-products into this state for any purpose from an area of another state, territory, or country that is under state or federal quarantine for tick infestation unless the articles:
(1)  have been treated in accordance with the requirements of the commission or the Animal and Plant Health Inspection Service, United States Department of Agriculture;  and
(2)  are certified as having been so treated by an inspector of the commission or the Animal and Plant Health Inspection Service, United States Department of Agriculture.
Acts 1981, 67th Leg., p. 1440, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1989, 71st Leg., ch. 836, Sec. 54, eff. Sept. 1, 1989.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 324 (H.B. 1807), Sec. 10, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 773 (S.B. 1095), Sec. 10, 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 B. Quarantines; Regulation of Movement of Animals and Commodities › Section 167.027. Permit or Certificate to Accompany Movement

Sec. 167.027.  PERMIT OR CERTIFICATE TO ACCOMPANY MOVEMENT.  (a)  A certificate or permit required for movement of animals within or into this state must be in the possession of the person in charge of the movement or the conveyance from the point of origin to the point of destination.  If the movement is by a transportation company, including a railway or express company, the certificate must be attached to the shipping papers accompanying the movement from the point of origin to the point of destination.  On demand of an inspector, the person in charge of the movement or conveyance shall exhibit the certificate or permit.
(b)  A certificate required for movement of articles listed in Section 167.026(c) must accompany the movement to the final destination in this state or so long as the articles are moving through this state.
Acts 1981, 67th Leg., p. 1440, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1989, 71st Leg., ch. 836, Sec. 55, eff. Sept. 1, 1989.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 324 (H.B. 1807), Sec. 11, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 773 (S.B. 1095), Sec. 11, 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 B. Quarantines; Regulation of Movement of Animals and Commodities › Section 167.028. Statement of Possession and Destination

Sec. 167.028.  STATEMENT OF POSSESSION AND DESTINATION.  On request of an inspector, the owner, part owner, or caretaker, or a person accompanying and connected with a shipment, of animals that are being moved in this state or have been moved in this state within 60 days preceding the request, shall make a written statement of:
(1)  the name of the owner or the person controlling the land from which the shipment originated and the county in which that land is located;
(2)  the county and the particular place in that county to which the shipment is or was destined;
(3)  the name and address of the person from whom the animals were obtained, if the animals were obtained in the 30 days preceding the request, or, if the animals were not obtained during the 30 days preceding the request, a statement of that fact; and
(4)  the territory through which the shipment passed since leaving the point of origin and through which the shipment is intended to pass before reaching the point of destination.
Acts 1981, 67th Leg., p. 1440, ch. 388, Sec. 1, eff. Sept. 1, 1981.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 324 (H.B. 1807), Sec. 12, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 773 (S.B. 1095), Sec. 12, 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 B. Quarantines; Regulation of Movement of Animals and Commodities › Section 167.029. Conditions, Manner, and Method of Moving and Handling

Sec. 167.029.  CONDITIONS, MANNER, AND METHOD OF MOVING AND HANDLING.  (a)  The commission by rule shall provide the conditions for and the manner and method of handling and moving animals:
(1)  into, in, and from the tick eradication area;
(2)  into, in, and from quarantined land or premises in the free area;
(3)  into the released part of the free area; and
(4)  into, in, and from the inactive quarantined area.
(b)  Animals must be certified as being free from ticks and exposure to ticks, and must be moved to the destination without exposure, if the animals are to be moved:
(1)  into the free area;
(2)  from one county to another in the tick eradication area; or
(3)  within a county to land or premises that are classified by the official records of the supervising inspector of the county as being free from ticks and exposure to ticks.
(c)  The commission may adopt rules relating to testing, immunizing, treating, certifying, or marking or branding animals moving into this state from another state or country.
Acts 1981, 67th Leg., p. 1441, ch. 388, Sec. 1, eff. Sept. 1, 1981.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 324 (H.B. 1807), Sec. 12, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 773 (S.B. 1095), Sec. 12, 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 B. Quarantines; Regulation of Movement of Animals and Commodities › Section 167.030. Disinfection of Conveyance

Sec. 167.030.  DISINFECTION OF CONVEYANCE.  (a)  A person, including a railway or transportation company, who operates a conveyance into which animals are loaded shall clean and disinfect each car or other conveyance after removal of the animals unless the animals are clean and free from ticks or exposure to ticks.
(b)  The commission shall adopt rules relating to the cleaning and disinfecting of conveyances.
Acts 1981, 67th Leg., p. 1441, ch. 388, Sec. 1, eff. Sept. 1, 1981.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 324 (H.B. 1807), Sec. 13, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 773 (S.B. 1095), Sec. 13, 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 B. Quarantines; Regulation of Movement of Animals and Commodities › Section 167.031. Use of Sand as Bedding in Conveyance

Sec. 167.031.  USE OF SAND AS BEDDING IN CONVEYANCE.  The commission may establish quarantines and restrict the use of sand as bedding in an animal conveyance except for sand from known tick-free sand pits.
Acts 1981, 67th Leg., p. 1441, ch. 388, Sec. 1, eff. Sept. 1, 1981.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 324 (H.B. 1807), Sec. 14, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 773 (S.B. 1095), Sec. 14, 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 B. Quarantines; Regulation of Movement of Animals and Commodities › Section 167.032. Movement of Commodities

Sec. 167.032.  MOVEMENT OF COMMODITIES.  The commission may establish quarantines and restrict the movement from quarantined areas of hay, hides, carcasses, or other commodities that are capable of carrying ticks.
Acts 1981, 67th Leg., p. 1441, 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 B. Quarantines; Regulation of Movement of Animals and Commodities › Section 167.033. Handling and Removal of Refuse or Dead or Injured Animals

Sec. 167.033.  HANDLING AND REMOVAL OF REFUSE OR DEAD OR INJURED ANIMALS.  The commission may establish quarantines and regulate the removal and handling of refuse matter from quarantined stockyards, quarantined stock pens, and other quarantined places and may establish quarantines and regulate the handling or removal of animals that die or are injured in transit.
Acts 1981, 67th Leg., p. 1442, ch. 388, Sec. 1, eff. Sept. 1, 1981.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 324 (H.B. 1807), Sec. 14, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 773 (S.B. 1095), Sec. 14, 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 C. Treatment › Section 167.051. Animals Subject to Treatment

Sec. 167.051.  ANIMALS SUBJECT TO TREATMENT.  (a)  Animals located in the tick eradication area are subject to treatment if the animals:
(1)  are infested with ticks;
(2)  were exposed to ticks within the nine months preceding an order to treat; or
(3)  are on premises described in an order to treat during the time that the order is in effect and the person to whom the order is issued is the owner, part owner, or caretaker of the animals.
(b)  Animals located in the free area are subject to treatment if:
(1)  the animals are infested with ticks;
(2)  the animals were exposed to ticks within the nine months preceding an order to treat;
(3)  the animals are on premises described in an order to treat during the time the order is in effect and the person to whom the order is issued is the owner, part owner, or caretaker of the animals; or
(4)  the commission determines that treatment is necessary to ensure that the animals are entirely free from infestation.
(c)  The commission may require the treatment of animals that are located in the free area and are tick infested or have been exposed to ticks regardless of whether the animals or the area in which the animals are located is under quarantine.
Acts 1981, 67th Leg., p. 1442, ch. 388, Sec. 1, eff. Sept. 1, 1981.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 324 (H.B. 1807), Sec. 16, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 773 (S.B. 1095), Sec. 16, 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 C. Treatment › Section 167.052. Order to Treat

Sec. 167.052.  ORDER TO TREAT.  (a)  The commission may order the owner, part owner, or caretaker of animals to treat the animals in accordance with the directions of the commission.  The order must be dated, in writing, and signed or stamped with the signature of the commission or the presiding officer of the commission.
(b)  An order to treat must:
(1)  state the period of time covered by the order;
(2)  describe the premises on which the animals to be treated are located;
(3)  state that the person to whom the order is directed shall treat all animals of which the person is the owner, part owner, or caretaker and which are located on those premises during that time;
(4)  state that the treatment must be done under the supervision of an inspector;
(5)  designate the method by which the animals are to be treated;
(6)  state the dates on which the animals are to be treated; and
(7)  state that if the person does not treat the animals on those dates, the treatment will be done at the person's expense by a peace officer acting in accordance with this chapter.
(c)  The order is not required to describe the premises on which the animals are located by field notes or metes and bounds, but must provide a reasonable description sufficient to inform the person to whom it is directed of the premises or land covered by the order.
(d)  An order may require the treatment of the animals on as many dates as the commission considers necessary for eradicating the infestation or exposure of the animals or the premises on which the animals are located.
(e)  An order to treat must be delivered to the person to whom it is directed not later than the 12th day before the date specified in the order for the first treatment, not including the date of delivery or the date of the first treatment.
(f)  A person to whom an order to treat is directed shall comply with the order and treat the animals in accordance with the directions of the commission.  If the order is not delivered within the time provided by Subsection (e), the person receiving the order shall begin treatment on the first treatment date that is more than 12 days after the date of receipt of the order and shall continue treatment on subsequent dates as specified in the order.
(g)  If the animals or the premises are not freed from ticks or exposure to ticks before an order to treat expires, the commission may issue additional orders regardless of whether the animals were exposed to ticks in the nine months preceding the date of the subsequent order.
Acts 1981, 67th Leg., p. 1442, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1995, 74th Leg., ch. 554, Sec. 32, eff. Sept. 1, 1995.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 324 (H.B. 1807), Sec. 16, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 773 (S.B. 1095), Sec. 16, 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 C. Treatment › Section 167.053. Hearing

Sec. 167.053.  HEARING.  (a)  A person is entitled to request and obtain a hearing for the purpose of protesting an order to treat by filing a sworn application with the supervising inspector of the county in which the animals are located.  The application must be filed not later than the 10th day after the day on which the order was received.
(b)  Following a hearing, the commission shall transmit its written decision to the supervising inspector, who shall transmit it to the protesting person by delivering it in person or by mailing it by registered mail to the address shown in the hearing application.  If the commission overrules the protest, the person to whom the order was directed shall comply with the order.
(c)  If the commission's decision is delivered in person, a person whose protest is overruled shall begin treatment of the animals on the first treatment date in the order that is more than two days after the day on which the decision is received.  If the decision is delivered by mail, the person shall begin treatment on the first treatment date in the order that is more than four days after the day on which the decision was deposited in the mail.
Acts 1981, 67th Leg., p. 1443, ch. 388, Sec. 1, eff. Sept. 1, 1981.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 324 (H.B. 1807), Sec. 17, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 773 (S.B. 1095), Sec. 17, 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 C. Treatment › Section 167.054. Excuse From Compliance With Order

Sec. 167.054.  EXCUSE FROM COMPLIANCE WITH ORDER.  The supervising inspector of a county for good cause may excuse a person from complying with an order to treat, but shall be held responsible for excusing compliance without good cause.
Acts 1981, 67th Leg., p. 1443, ch. 388, Sec. 1, eff. Sept. 1, 1981.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 324 (H.B. 1807), Sec. 18, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 773 (S.B. 1095), Sec. 18, 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 C. Treatment › Section 167.055. Persons Responsible for Treatment and Assistance

Sec. 167.055.  PERSONS RESPONSIBLE FOR TREATMENT AND ASSISTANCE.  (a)  A person who owns any interest in animals subject to treatment or who is the caretaker of the animals is responsible for the treatment of the animals under this chapter and is subject to prosecution for failure to treat the animals.
(b)  A husband and wife are jointly and severally liable for the treatment of animals subject to treatment that belong to their community estate.  Each spouse is responsible for the treatment of animals belonging to that person's separate estate, except that a spouse who is the caretaker of animals owned by the other spouse is responsible for the treatment of the animals.
(c)  A person responsible for the treatment of animals subject to treatment shall furnish all necessary labor, at the person's own expense, for gathering the animals, driving the animals to the treatment facility, treating the animals, and returning the animals to the person's premises after treatment.
Acts 1981, 67th Leg., p. 1443, ch. 388, Sec. 1, eff. Sept. 1, 1981.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 324 (H.B. 1807), Sec. 18, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 773 (S.B. 1095), Sec. 18, 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 C. Treatment › Section 167.056. Manner of Treatment

Sec. 167.056.  MANNER OF TREATMENT.  If the commission requires animals to be treated, the animals shall be treated in the manner prescribed by the commission.
Acts 1981, 67th Leg., p. 1444, ch. 388, Sec. 1, eff. Sept. 1, 1981.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 324 (H.B. 1807), Sec. 18, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 773 (S.B. 1095), Sec. 18, 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 C. Treatment › Section 167.057. Treatment Chemicals

Sec. 167.057.  TREATMENT CHEMICALS.  (a)  The commission shall prescribe by rule the official materials in which animals are to be treated under this chapter.  A person may not treat animals for purposes of this chapter in a material other than an official material prescribed by the commission.
(b)  The state, an agency of the state, or an agency of the government of the United States shall, and a county may, furnish the official materials for the treatment of animals under this chapter.
Acts 1981, 67th Leg., p. 1444, ch. 388, Sec. 1, eff. Sept. 1, 1981.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 324 (H.B. 1807), Sec. 18, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 773 (S.B. 1095), Sec. 18, 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 C. Treatment › Section 167.059. Treatment Facilities

Sec. 167.059.  TREATMENT FACILITIES.  (a)  The commissioners court of each county, including a county in the free area, in all or part of which the commission conducts tick eradication shall cooperate with the commission and shall furnish facilities necessary to the treatment of animals in that county.  The commissioners court shall furnish dipping vats, pens, chutes, and other necessary facilities in the number, at the locations, and of the type specified by the commission.  In addition, the county, at its expense, shall maintain the facilities and repair or remodel them as necessary, shall provide the water for filling the vats, and shall clean and refill the vats as necessary.
(b)  For the purpose of constructing, purchasing, or leasing treatment facilities, and for the purpose of providing necessary land, labor, or materials, a commissioners court may appropriate money out of the general fund of the county or may incur indebtedness by the issuance of warrants.  A warrant issued may not draw interest at a rate of more than six percent per year and may not have a term of more than 20 years.  The commissioners court may levy taxes to pay interest on warrants and may establish a sinking fund for the payment of warrants.
(c)  For the purpose of acquiring necessary land for the construction or maintenance of treatment facilities, for the purpose of acquiring treatment facilities that have already been constructed, or for the purpose of acquiring land necessary for ingress and egress to and from those facilities, a commissioners court has the power of eminent domain.  The commissioners court shall exercise the power of eminent domain in the manner provided by law for acquiring land for the building and maintenance of public buildings, except that the court shall institute and prosecute condemnation proceedings on written request from the presiding officer of the commission.  The request from the commission shall designate:
(1)  the land to be condemned and its location;
(2)  the name of the owner of the land to be condemned; and
(3)  the easement to be acquired for ingress and egress.
(d)  In acquiring land or facilities by eminent domain, the commissioners court may retain the property for permanent use by making appropriate compensation or may acquire the property for temporary use by making proper compensation for the period of time determined necessary by the commissioners court.
Acts 1981, 67th Leg., p. 1444, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1995, 74th Leg., ch. 554, Sec. 33, eff. Sept. 1, 1995.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 324 (H.B. 1807), Sec. 19, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 324 (H.B. 1807), Sec. 20, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 773 (S.B. 1095), Sec. 19, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 773 (S.B. 1095), Sec. 20, eff. September 1, 2013.