reglab/statecodes huggingface dataset:
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle B - Livestock › Chapter 153 - Prevention and Investigation of Cattle Theft › Section 153.002. Establishment of Program

Sec. 153.002.  ESTABLISHMENT OF PROGRAM.  (a)  The department by rule shall establish a cattle inspection program to discourage and investigate property crimes involving cattle in this state:
(1)  on request by the association; and
(2)  if a similar program authorized by federal law is canceled, suspended, repealed, or otherwise scheduled for discontinuation.
(b)  The program must utilize existing cattle industry infrastructure to the extent possible.
(c)  The department shall establish an advisory committee to advise the department on program rules.  At least once every two years, the advisory committee shall review the program rules and submit findings and recommendations to the department.
Added by Acts 2017, 85th Leg., R.S., Ch. 500 (H.B. 2817), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle B - Livestock › Chapter 153 - Prevention and Investigation of Cattle Theft › Section 153.003. Inspections

Text of section effective until January 01, 2025
Sec. 153.003.  INSPECTIONS.  Program rules must authorize the special rangers appointed under Article 2.125, Code of Criminal Procedure, and other association employees designated by the special rangers, to inspect and record brands and other identifying characteristics of cattle at livestock auction markets.
Added by Acts 2017, 85th Leg., R.S., Ch. 500 (H.B. 2817), Sec. 1, eff. September 1, 2017.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 2.002, eff. January 1, 2025.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle B - Livestock › Chapter 153 - Prevention and Investigation of Cattle Theft › Section 153.003. Inspections

Text of section effective on January 01, 2025
Sec. 153.003.  INSPECTIONS.  Program rules must authorize the special rangers appointed under Article 2A.006, Code of Criminal Procedure, and other association employees designated by the special rangers, to inspect and record brands and other identifying characteristics of cattle at livestock auction markets.
Added by Acts 2017, 85th Leg., R.S., Ch. 500 (H.B. 2817), Sec. 1, eff. September 1, 2017.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 2.002, eff. January 1, 2025.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle B - Livestock › Chapter 153 - Prevention and Investigation of Cattle Theft › Section 153.004. Assessment

Sec. 153.004.  ASSESSMENT.  (a)  Program rules must establish a per-head regulatory assessment in an amount necessary to reimburse the association for direct costs incurred under this chapter.
(b)  In determining the amount of the assessment, the department shall consider:
(1)  the amount of similar assessments or charges authorized by the laws of other states or the United States;
(2)  the direct operating costs of the program; and
(3)  the expertise required to operate the program.
(c)  On request by the association, the department shall review the amount of the assessment and consider any necessary revision.
(d)  Each livestock auction market shall collect the assessment and remit the amount collected to the association.
(e)  Assessments collected under this section are not state funds and are not required to be deposited in the state treasury.
(f)  A person who has possession, custody, or control of an assessment collected under this section and not remitted to the association before the 31st day after the date collected is subject to an administrative penalty in an amount provided by department rule.
Added by Acts 2017, 85th Leg., R.S., Ch. 500 (H.B. 2817), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle B - Livestock › Chapter 153 - Prevention and Investigation of Cattle Theft › Section 153.005. State Oversight

Sec. 153.005.  STATE OVERSIGHT.  (a)  The department must approve the association's budget for the program each year.
(b)  The department shall review and act on the association's budget for the program each year not later than the 45th day after the date the association submits the budget to the department.
(c)  The department or the state auditor may inspect the association's financial records related to the program at any time.
Added by Acts 2017, 85th Leg., R.S., Ch. 500 (H.B. 2817), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle C - Control of Animal Diseases and Pests › Chapter 161 - General Disease and Pest Control › Subchapter A. General Provisions › Section 161.001. Definitions

Sec. 161.001.  DEFINITIONS.  (a)  In this chapter:
(1)  "Animal" includes livestock, exotic livestock, domestic fowl, and exotic fowl.
(2)  "Commission" means the Texas Animal Health Commission.
(3)  Repealed by Acts 2003, 78th Leg., ch. 604, Sec. 5.
(4)  "Exotic livestock" means grass-eating or plant-eating, single-hooved or cloven-hooved mammals that are not indigenous to this state and are known as ungulates, including animals from the swine, horse, tapir, rhinoceros, elephant, deer, and antelope families.
(5)  "Exotic fowl" means any avian species that is not indigenous to this state.  The term includes ratites.
(b)  References in Subchapter A, C, D, E, or H of this chapter to "livestock," "domestic animals," "domestic fowl," or other specifically named animals shall be construed to include all or part of the carcasses of those animals.
Acts 1981, 67th Leg., p. 1393, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1987, 70th Leg., ch. 637, Sec. 6, eff. Aug. 31, 1987;  Acts 1989, 71st Leg., ch. 836, Sec. 2, eff. Sept. 1, 1989;  Acts 1989, 71st Leg., 1st C.S., ch. 35, Sec. 1, eff. Sept. 1, 1989;  Acts 1993, 73rd Leg., ch. 203, Sec. 3, eff. Sept. 1, 1993;  Acts 1995, 74th Leg., ch. 554, Sec. 2, eff. Sept. 1, 1995;  Acts 2003, 78th Leg., ch. 604, Sec. 5, eff. Sept. 1, 2003.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle C - Control of Animal Diseases and Pests › Chapter 161 - General Disease and Pest Control › Subchapter A. General Provisions › Section 161.002. Caretaker of Animal

Sec. 161.002.  CARETAKER OF ANIMAL.  (a)  A person is subject to this chapter as the caretaker of an animal and is presumed to control the animal if the person:
(1)  is the owner or lessee of the pen, pasture, or other place in which the animal is located and has control of that place;  or
(2)  exercises care or control over the animal.
(b)  This section does not limit the care and control of an animal to any person.
Acts 1981, 67th Leg., p. 1393, 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 161 - General Disease and Pest Control › Subchapter A. General Provisions › Section 161.003. Duty of County Commissioners Court

Sec. 161.003.  DUTY OF COUNTY COMMISSIONERS COURT.  (a)  The commissioners court of each county shall cooperate with and assist the commission in protecting livestock, domestic animals, and domestic fowl from communicable diseases, regardless of whether a particular disease exists in the county.
(b)  Each commissioners court may employ a veterinarian at the expense of the county.  Any veterinarian employed is subject to approval by the commission.
Acts 1981, 67th Leg., p. 1393, 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 161 - General Disease and Pest Control › Subchapter A. General Provisions › Section 161.004. Disposal of Diseased Livestock Carcass

Sec. 161.004.  DISPOSAL OF DISEASED LIVESTOCK CARCASS.
(a)  A person who is the owner or caretaker of livestock, exotic livestock, domestic fowl, or exotic fowl that die from a disease listed by the commission in rules adopted under Section 161.041, or who owns or controls the land on which the livestock, exotic livestock, domestic fowl, or exotic fowl die or on which the carcasses are found, shall dispose of the carcasses in the manner required by the commission under this section.
(b)  The Texas Commission on Environmental Quality may not adopt a rule related to the disposal of livestock under this section unless the rule is developed in cooperation with and is approved by the Texas Animal Health Commission.
(c)  The commission shall:
(1)  determine the most effective methods of disposing of diseased carcasses, including methods other than burning or burial; and
(2)  by rule prescribe the method or methods that a person may use to dispose of a carcass as required by Subsection (a).
(d)  The commission  by rule may delegate its authority under this section to the executive director.
Acts 1981, 67th Leg., p. 1394, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 2003, 78th Leg., ch. 1333, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1242 (H.B. 2543), Sec. 1, eff. January 1, 2008.
Acts 2021, 87th Leg., R.S., Ch. 849 (S.B. 705), Sec. 1, 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 161 - General Disease and Pest Control › Subchapter A. General Provisions › Section 161.005. Commission Written Instruments

Sec. 161.005.  COMMISSION WRITTEN INSTRUMENTS.  (a)  The commission may authorize the executive director or another employee to sign written instruments on behalf of the commission.  A written instrument, including a quarantine or written notice, signed under that authority has the same force and effect as if signed by the entire commission.
(b)  Any written instrument issued by the commission is admissible as evidence in court if certified by the presiding officer or the executive director.
Acts 1981, 67th Leg., p. 1394, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1983, 68th Leg., 1st C.S., p. 24, ch. 3, Sec. 17, eff. June 27, 1983;  Acts 1995, 74th Leg., ch. 554, Sec. 3, 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 161 - General Disease and Pest Control › Subchapter A. General Provisions › Section 161.006. Documents to Accompany Shipment

Sec. 161.006.  DOCUMENTS TO ACCOMPANY SHIPMENT.  (a)  If this chapter requires that a certificate or permit accompany animals or commodities moved in this state, the document must be:
(1)  in the possession of the conductor of a train and attached to the waybill of the shipment, if the movement is by rail;  or
(2)  in the possession of the person in charge of the animals or commodities, if the movement is made by any other means.
(b)  This section does not apply to a certificate provided for by Section 161.088 of this code.
Acts 1981, 67th Leg., p. 1394, 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 161 - General Disease and Pest Control › Subchapter A. General Provisions › Section 161.007. Exposure or Infection Considered Continuing

Sec. 161.007.  EXPOSURE OR INFECTION CONSIDERED CONTINUING.  If a veterinarian employed by the commission determines that a communicable disease exists among livestock, domestic animals, or domestic fowl or on certain premises or that livestock, domestic animals, or domestic fowl have been exposed to the agency of transmission of a communicable disease, the exposure or infection is considered to continue until the commission determines that the exposure or infection has been eradicated through methods prescribed by rule of the commission.
Acts 1981, 67th Leg., p. 1394, 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 161 - General Disease and Pest Control › Subchapter A. General Provisions › Section 161.008. State Funds Reform Act Applicable

Sec. 161.008.  STATE FUNDS REFORM ACT APPLICABLE.  All money paid to the commission under this chapter is subject to Subchapter F, Chapter 404, Government Code.
Added by Acts 1995, 74th Leg., ch. 554, Sec. 4, 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 161 - General Disease and Pest Control › Subchapter A. General Provisions › Section 161.009. Confidentiality of Biosecurity and Other Sensitive Information

Sec. 161.009.  CONFIDENTIALITY OF BIOSECURITY AND OTHER SENSITIVE INFORMATION.  (a)  Except as provided by Subsections (b) and (c), information held by the commission is confidential and excepted from disclosure under Chapter 552, Government Code, if the information consists of or relates to a biosecurity plan, a secure food supply plan, an emergency preparedness plan, or biosecurity data that was voluntarily provided to the commission by an owner or caretaker of an animal.
(b)  The commission may release information described by Subsection (a) to:
(1)  the attorney general's office, for the purpose of law enforcement;
(2)  the secretary of the United States Department of Agriculture, for the purpose of animal health protection;
(3)  the secretary of the Department of Homeland Security, for the purpose of homeland security;
(4)  the Department of State Health Services, for the purpose of protecting the public health from zoonotic diseases;
(5)  any person, if required by a court order;
(6)  a federal, state, municipal, or county emergency management authority, for the purpose of management or response to natural or man-made disasters; or
(7)  any person the executive director of the commission considers appropriate, if:
(A)  the executive director determines that:
(i)  livestock may be threatened by a disease, agent, or pest; and
(ii)  the release of the information is related to actions the commission may take in performance of its powers and duties; or
(B)  the executive director determines that the release of the information is necessary for emergency management purposes under Chapter 418, Government Code.
(c)  The commission's release of confidential information under Subsection (b):
(1)  does not affect the confidentiality of the information;
(2)  is not an offense under Section 552.352, Government Code; and
(3)  is not a voluntary disclosure for purposes of Section 552.007, Government Code.
Added by Acts 2023, 88th Leg., R.S., Ch. 850 (H.B. 3257), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle C - Control of Animal Diseases and Pests › Chapter 161 - General Disease and Pest Control › Subchapter B. Texas Animal Health Commission › Section 161.021. Composition

Sec. 161.021.  COMPOSITION.  (a)  The commission is composed of 13 commissioners appointed by the governor with the advice and consent of the senate, with the appropriate number from each of the following categories:
(1)  a practitioner of veterinary medicine;
(2)  a dairyman;
(3)  a cattle raiser;
(4)  a hog raiser;
(5)  a sheep or goat raiser;
(6)  a poultry raiser;
(7)  an individual involved in the equine industry;
(8)  an individual involved in the feedlot industry;
(9)  an individual involved in the livestock marketing industry;
(10)  three members of the general public;  and
(11)  an individual involved in the exotic livestock or exotic fowl industry.
(b)  In making appointments to the commission, the governor, to the extent practicable, shall give proportionate representation to the northern, eastern, southern, and western portions of the state.
(c)  Appointments to the commission shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointees.
(d)  A person is not eligible for appointment as a public member of the commission if the person or the person's spouse:
(1)  is registered, certified, or licensed by the commission;
(2)  is employed by or participates in the management of a business entity or other organization regulated by the commission or receiving money from the commission;
(3)  owns or controls, directly or indirectly, more than a 10 percent interest in a business entity or other organization regulated by or receiving money  from the commission; or
(4)  uses or receives a substantial amount of tangible goods, services, or money from the commission, other than compensation or reimbursement authorized by law for commission membership, attendance, or expenses.
Acts 1981, 67th Leg., p. 1394, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1983, 68th Leg., 1st C.S., p. 14, ch. 3, Sec. 1, eff. June 27, 1983;  Acts 1989, 71st Leg., ch. 836, Sec. 3, eff. Sept. 1, 1989;  Acts 1993, 73rd Leg., ch. 699, Sec. 1, eff. Aug. 30, 1993;  Acts 1995, 74th Leg., ch. 554, Sec. 5, eff. Sept. 1, 1995;  Acts 2003, 78th Leg., ch. 1170, Sec. 2.01, eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1242 (H.B. 2543), Sec. 2, eff. September 1, 2007.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle C - Control of Animal Diseases and Pests › Chapter 161 - General Disease and Pest Control › Subchapter B. Texas Animal Health Commission › Section 161.022. Term

Sec. 161.022.  TERM.  Commissioners serve for staggered terms of six years, with the terms of four or five members expiring every other year.
Acts 1981, 67th Leg., p. 1395, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1993, 73rd Leg., ch. 699, Sec. 2, eff. Aug. 30, 1993;  Acts 2003, 78th Leg., ch. 1170, Sec. 2.02, eff. Sept. 1, 2003.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle C - Control of Animal Diseases and Pests › Chapter 161 - General Disease and Pest Control › Subchapter B. Texas Animal Health Commission › Section 161.023. Mandatory Training Program for Commissioners

Sec. 161.023.  MANDATORY TRAINING PROGRAM FOR COMMISSIONERS.  (a)  A person who is appointed to and qualifies for office as a member of the commission may not vote, deliberate, or be counted as a member in attendance at a meeting of the commission until the person completes a training program that complies with this section.
(b)  The training program must provide the person with information regarding:
(1)  the law governing commission operations;
(2)  the programs, functions, rules, and budget of the commission;
(3)  the scope of and limitations on the rulemaking authority of the commission;
(4)  the results of the most recent formal audit of the commission;
(5)  the requirements of:
(A)  laws relating to open meetings, public information, administrative procedure, and disclosing conflicts of interest; and
(B)  other laws applicable to members of a state policy-making body in performing their duties; and
(6)  any applicable ethics policies adopted by the commission or the Texas Ethics Commission.
(c)  A person appointed to the commission is entitled to reimbursement, as provided by the General Appropriations Act, for the travel expenses incurred in attending the training program, regardless of whether attendance at the program occurs before or after the person qualifies for the office.
(d)  The executive director of the commission shall create a training manual that includes the information required by Subsection (b).  The executive director shall distribute a copy of the training manual annually to each member of the commission.  Each member of the commission shall sign and submit to the executive director a statement acknowledging that the member received and has reviewed the training manual.
Added by Acts 1995, 74th Leg., ch. 554, Sec. 6, eff. Sept. 1, 1995.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1242 (H.B. 2543), Sec. 3, eff. September 1, 2007.
Acts 2021, 87th Leg., R.S., Ch. 849 (S.B. 705), Sec. 2, 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 161 - General Disease and Pest Control › Subchapter B. Texas Animal Health Commission › Section 161.024. Presiding Officer

Sec. 161.024.  PRESIDING OFFICER.  The governor shall designate a member of the commission as the presiding officer of the commission to serve in that capacity at the pleasure of the governor.
Acts 1981, 67th Leg., p. 1395, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1995, 74th Leg., ch. 554, Sec. 7, 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 161 - General Disease and Pest Control › Subchapter B. Texas Animal Health Commission › Section 161.025. Vacancies

Sec. 161.025.  VACANCIES.  The governor shall fill vacancies by appointment for the unexpired term.
Acts 1981, 67th Leg., p. 1395, 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 161 - General Disease and Pest Control › Subchapter B. Texas Animal Health Commission › Section 161.026. Expenses and per Diem

Sec. 161.026.  EXPENSES AND PER DIEM.  Each commissioner is entitled to reasonable travel expenses incurred in performing official duties and to the per diem set in the General Appropriations Act for members of state boards and commissions.
Acts 1981, 67th Leg., p. 1395, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1989, 71st Leg., ch. 836, Sec. 4, eff. Sept. 1, 1989;  Acts 1993, 73rd Leg., ch. 548, Sec. 1, 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 161 - General Disease and Pest Control › Subchapter B. Texas Animal Health Commission › Section 161.027. Sunset Provision

Sec. 161.027.  SUNSET PROVISION.  The Texas Animal Health Commission is subject to Chapter 325, Government Code (Texas Sunset Act).  Unless continued in existence as provided by that chapter, the commission is abolished September 1, 2035.
Acts 1981, 67th Leg., p. 1395, ch. 388, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1985, 69th Leg., ch. 479, Sec. 188, eff. Sept. 1, 1985;  Acts 1985, 69th Leg., ch. 729, Sec. 9, eff. Sept. 1, 1985;  Acts 1989, 71st Leg., ch. 836, Sec. 5, eff. Sept. 1, 1989;  Acts 1991, 72nd Leg., 1st C.S., ch. 17, Sec. 2.02, eff. Nov. 12, 1991;  Acts 1995, 74th Leg., ch. 554, Sec. 8, eff. Sept. 1, 1995.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1242 (H.B. 2543), Sec. 4, eff. September 1, 2007.
Acts 2011, 82nd Leg., R.S., Ch. 1232 (S.B. 652), Sec. 5.01, eff. June 17, 2011.
Acts 2021, 87th Leg., R.S., Ch. 849 (S.B. 705), Sec. 3, eff. September 1, 2021.
Acts 2023, 88th Leg., R.S., Ch. 941 (S.B. 1659), Sec. 3.03, eff. June 18, 2023.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle C - Control of Animal Diseases and Pests › Chapter 161 - General Disease and Pest Control › Subchapter B. Texas Animal Health Commission › Section 161.028. Restrictions on Commission Appointment, Membership, and Employment

Sec. 161.028.  RESTRICTIONS ON COMMISSION APPOINTMENT, MEMBERSHIP, AND EMPLOYMENT.  (a)  In this section, "Texas trade association" means a cooperative and voluntarily joined statewide association of business or professional competitors in this state designed to assist its members and its industry or profession in dealing with mutual business or professional problems and in promoting their common interest.  The term does not include an association formed to benefit or promote a particular breed of livestock, exotic livestock, domestic fowl, or exotic fowl.
(b)  A person may not be a member of the commission and may not be a commission employee in a "bona fide executive, administrative, or professional capacity," as that phrase is used for purposes of establishing an exemption to the overtime provisions of the federal Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.), if:
(1)  the person is an officer, employee, or paid consultant of a Texas trade association in the field of livestock production, exotic livestock production, domestic fowl production, or exotic fowl production; or
(2)  the person's spouse is an officer, manager, or paid consultant of a Texas trade association in the field of livestock production, exotic livestock production, domestic fowl production, or exotic fowl production.
(c)   A person may not serve as a member of the commission or act as the general counsel to the commission or the agency if the person is required to register as a lobbyist under Chapter 305, Government Code, because of the person's activities for compensation on behalf of a profession related to the operation of the commission.
Added by Acts 1989, 71st Leg., ch. 836, Sec. 6, eff. Sept. 1, 1989.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1242 (H.B. 2543), Sec. 6, eff. September 1, 2007.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle C - Control of Animal Diseases and Pests › Chapter 161 - General Disease and Pest Control › Subchapter B. Texas Animal Health Commission › Section 161.029. Removal of Commission Members

Sec. 161.029.  REMOVAL OF COMMISSION MEMBERS.  (a)  It is a ground for removal from the commission if a member:
(1)  does not have at the time of taking office the qualifications required by Section 161.021;
(2)  does not maintain during service on the commission the qualifications required by Section 161.021;
(3)  is ineligible for membership under Section 161.021(d) or 161.028;
(4)  cannot, because of illness or disability, discharge the member's duties for a substantial part of the member's term; or
(5)  is absent from more than half of the regularly scheduled commission meetings that the member is eligible to attend during a calendar year without an excuse approved by a majority vote of the commission.
(b)  The validity of an action of the commission is not affected by the fact that it is taken when a ground for removal of a commission member exists.
(c)  If the executive director has knowledge that a potential ground for removal exists, the executive director shall notify the presiding officer of the commission of the potential ground.  The presiding officer shall then notify the governor and the attorney general that a potential ground for removal exists.  If the potential ground for removal involves the presiding officer, the executive director shall notify the next highest officer of the commission, who shall notify the governor and the attorney general that a potential ground for removal exists.
Added by Acts 1989, 71st Leg., ch. 386, Sec. 7, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 554, Sec. 9, eff. Sept. 1, 1995.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1242 (H.B. 2543), Sec. 7, eff. September 1, 2007.
Acts 2021, 87th Leg., R.S., Ch. 849 (S.B. 705), 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 161 - General Disease and Pest Control › Subchapter B. Texas Animal Health Commission › Section 161.030. Separation of Authority

Sec. 161.030.  SEPARATION OF AUTHORITY.  The commission shall develop and implement policies that clearly separate the policy-making responsibilities of the commission and the management responsibilities of the executive director and the staff of the commission.
Added by Acts 1989, 71st Leg., ch. 836, Sec. 8, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 554, Sec. 10, 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 161 - General Disease and Pest Control › Subchapter B. Texas Animal Health Commission › Section 161.0305. Executive Director; Qualifications

Sec. 161.0305.  EXECUTIVE DIRECTOR;  QUALIFICATIONS.  The executive director must hold a degree in veterinary medicine.
Added by Acts 1999, 76th Leg., ch. 665, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle C - Control of Animal Diseases and Pests › Chapter 161 - General Disease and Pest Control › Subchapter B. Texas Animal Health Commission › Section 161.031. Personnel

Sec. 161.031.  PERSONNEL.  (a)  The executive director or the executive director's designee shall develop an intraagency career ladder program that addresses opportunities for mobility and advancement for employees within the commission.  The program shall require intraagency posting of all positions concurrently with any public posting.
(b)  The executive director or the executive director's designee shall develop a system of annual performance evaluations that are based on documented employee performance.  All merit pay for commission employees must be based on the system established under this subsection.
(c)  The commission shall provide to its members and employees, as often as necessary, information regarding their qualifications for office or employment under this chapter and their responsibilities under applicable laws relating to standards of conduct for state officers or employees.
(d)  The executive director or the executive director's designee shall prepare and maintain a written policy statement to assure implementation of a program of equal employment opportunity under which all personnel transactions are made without regard to race, color, disability, sex, religion, age, or national origin.  The policy statement must include:
(1)  personnel policies, including policies relating to recruitment, evaluation, selection, appointment, training, and promotion of personnel that are in compliance with the requirements of Chapter 21, Labor Code;
(2)  a comprehensive analysis of the commission work force that meets federal and state guidelines;
(3)  procedures by which a determination can be made about the extent of underuse in the commission work force of all persons for whom federal or state guidelines encourage a more equitable balance;  and
(4)  reasonable methods to appropriately address those areas of underuse.
(e)  A policy statement prepared under Subsection (d) of this section must cover an annual period, be updated annually and reviewed by the Texas Commission on Human Rights for compliance with Subsection (d)(1) of this section, and be filed with the governor's office.
(f)  The governor's office shall deliver a biennial report to the legislature based on the information received under Subsection (e) of this section.  The report may be made separately or as a part of other biennial reports made to the legislature.
Added by Acts 1989, 71st Leg., ch. 836, Sec. 9, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 554, Sec. 11, 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 161 - General Disease and Pest Control › Subchapter B. Texas Animal Health Commission › Section 161.0311. Acceptance of Gifts and Grants

Sec. 161.0311.  ACCEPTANCE OF GIFTS AND GRANTS.  (a)  The commission may solicit and accept gifts, grants, and donations for the purposes of this chapter.
(b)  The commission shall report to the legislature by December 31 of each year the source and amount of each gift, grant, and donation received under this section.
Added by Acts 2001, 77th Leg., ch. 410, Sec. 1, eff. May 28, 2001.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle C - Control of Animal Diseases and Pests › Chapter 161 - General Disease and Pest Control › Subchapter B. Texas Animal Health Commission › Section 161.033. Public Interest Information and Complaints

Sec. 161.033.  PUBLIC INTEREST INFORMATION AND COMPLAINTS.  (a)  The commission shall  maintain a system to promptly and efficiently act on complaints filed with the commission.  The commission shall maintain information about parties to the complaint, the subject matter of the complaint, a summary of the results of the review or investigation of the complaint, and its disposition.
(b)  The commission shall make information available describing its procedures for complaint investigation and resolution.
(c)  The commission shall periodically notify the complaint parties of the status of the complaint until final disposition unless the notice would jeopardize an investigation.
Added by Acts 1989, 71st Leg., ch. 836, Sec. 11, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 554, Sec. 13, eff. Sept. 1, 1995.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1242 (H.B. 2543), Sec. 8, eff. September 1, 2007.
Acts 2021, 87th Leg., R.S., Ch. 849 (S.B. 705), 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 161 - General Disease and Pest Control › Subchapter B. Texas Animal Health Commission › Section 161.0335. Technology Policy

Sec. 161.0335.  TECHNOLOGY POLICY.  The commission shall implement a policy requiring the commission to use appropriate technological solutions to improve the commission's ability to perform its functions.  The policy must ensure that the public is able to interact with the commission on the Internet.
Added by Acts 2007, 80th Leg., R.S., Ch. 1242 (H.B. 2543), Sec. 10, eff. September 1, 2007.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle C - Control of Animal Diseases and Pests › Chapter 161 - General Disease and Pest Control › Subchapter B. Texas Animal Health Commission › Section 161.0336. Information Relating to Complaint Procedures

Sec. 161.0336.  INFORMATION RELATING TO COMPLAINT PROCEDURES.  The commission shall:
(1)  post information about its complaint procedures on the home page of the Internet website maintained by the commission;
(2)  post specific information on how to file a complaint, what types of information to provide with the complaint, and a description of the complaint process; and
(3)  explain on that website what types of complaints the commission has authority to resolve, distinguishing those from complaints that the commission does not have authority to resolve.
Added by Acts 2007, 80th Leg., R.S., Ch. 1242 (H.B. 2543), Sec. 10, eff. September 1, 2007.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle C - Control of Animal Diseases and Pests › Chapter 161 - General Disease and Pest Control › Subchapter B. Texas Animal Health Commission › Section 161.034. Public Meetings

Sec. 161.034.  PUBLIC MEETINGS.  (a)  The commission is subject to the open meetings law, Chapter 551, Government Code.
(b)  The commission shall develop and implement policies that provide the public with a reasonable opportunity to appear before the commission and to speak on any issue under the jurisdiction of the commission.
(c)  Each meeting of the commission must be held in a location that provides adequate access to members of the public.
(d)  The commission shall post audio archives of its meetings on the commission's Internet website.
Added by Acts 1989, 71st Leg., ch. 836, Sec. 12, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 554, Sec. 14, eff. Sept. 1, 1995.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1242 (H.B. 2543), Sec. 9(a), eff. September 1, 2007.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle C - Control of Animal Diseases and Pests › Chapter 161 - General Disease and Pest Control › Subchapter B. Texas Animal Health Commission › Section 161.035. Advisory Committees

Sec. 161.035.  ADVISORY COMMITTEES.  (a)  The commission by rule may establish advisory committees to make recommendations to the commission on programs, rules, and policies administered by the commission.
(b)  In establishing an advisory committee under this section, the commission shall adopt rules, including rules regarding:
(1)  the purpose, role, responsibility, goals, and duration of the committee;
(2)  the size of and quorum requirement for the committee;
(3)  qualifications for committee membership;
(4)  appointment procedures for members;
(5)  terms of service for members;
(6)  training requirements for members;
(7)  policies to avoid conflicts of interest by members;
(8)  a periodic review process to evaluate the continuing need for the committee; and
(9)  policies to ensure the committee does not violate any provision of Chapter 551, Government Code, applicable to the commission or the committee.
(c)  Repealed by Acts 2021, 87th Leg., R.S., Ch. 849 (S.B. 705), Sec. 37, eff. September 1, 2021.
Added by Acts 1995, 74th Leg., ch. 554, Sec. 15, eff. Sept. 1, 1995.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 849 (S.B. 705), Sec. 6, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 849 (S.B. 705), Sec. 37, 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 161 - General Disease and Pest Control › Subchapter B. Texas Animal Health Commission › Section 161.036. Program and Facility Accessibility

Sec. 161.036.  PROGRAM AND FACILITY ACCESSIBILITY.  The commission shall comply with federal and state laws related to program and facility accessibility.  The executive director shall also prepare and maintain a written plan that describes how a person who does not speak English can be provided reasonable access to the commission's programs and services.
Added by Acts 1995, 74th Leg., ch. 554, Sec. 15, 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 161 - General Disease and Pest Control › Subchapter B. Texas Animal Health Commission › Section 161.037. Periodic Review of Agency Functions

Sec. 161.037.  PERIODIC REVIEW OF AGENCY FUNCTIONS.  (a)  The commission shall periodically review services provided by the commission, including laboratory services, that also are provided in the private sector in order to determine the most cost-effective method for delivering the services.
(b)  Repealed by Acts 2017, 85th Leg., R.S., Ch. 24 (S.B. 706), Sec. 7(1), eff. September 1, 2017.
Added by Acts 1995, 74th Leg., ch. 554, Sec. 15, eff. Sept. 1, 1995.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 24 (S.B. 706), Sec. 7(1), eff. September 1, 2017.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle C - Control of Animal Diseases and Pests › Chapter 161 - General Disease and Pest Control › Subchapter B. Texas Animal Health Commission › Section 161.0375. Periodic Review of Compliance Information

Sec. 161.0375.  PERIODIC REVIEW OF COMPLIANCE INFORMATION.  (a)  The commission shall analyze, on a statewide and regional basis, violations of this subtitle.  The commission shall consider:
(1)  violation types and disposition;
(2)  persons who are repeat offenders; and
(3)  persons who commit the most serious offenses.
(b)  The commission shall use the analysis under Subsection (a) to compare enforcement practices across each region and determine:
(1)  training needs;
(2)  gaps in enforcement authority; and
(3)  effective enforcement activities.
(c)  The commission shall conduct the analysis under Subsection (a) on a periodic basis to ensure that the information reflects current enforcement practices.
(d)  The commission shall timely enter and share compliance and enforcement information on a statewide and regional basis.
Added by Acts 2021, 87th Leg., R.S., Ch. 849 (S.B. 705), Sec. 7, 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 161 - General Disease and Pest Control › Subchapter B. Texas Animal Health Commission › Section 161.038. Administrative Procedure Act Applicable

Sec. 161.038.  ADMINISTRATIVE PROCEDURE ACT APPLICABLE.  The commission is subject to the administrative procedure law, Chapter 2001, Government Code.
Added by Acts 1995, 74th Leg., ch. 554, Sec. 15, 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 161 - General Disease and Pest Control › Subchapter B. Texas Animal Health Commission › Section 161.039. Compliance Policy and Internal Operating Procedures

Sec. 161.039.  COMPLIANCE POLICY AND INTERNAL OPERATING PROCEDURES.  (a)  The commission by rule shall adopt agencywide compliance policies and internal operating procedures and convey those policies and procedures to all officers and employees of the commission.
(b)  The commission by rule shall adopt clearly defined and uniform procedures addressing compliance with this chapter and commission rules.  The compliance procedures shall include the commission's process for:
(1)  receiving and consistently responding to complaints from the public and officers and employees of the commission;
(2)  checking for previous violations whenever a complaint is filed;
(3)  involving a supervisor in the approval of key compliance decisions; and
(4)  regularly updating complainants on the status of their complaints.
Added by Acts 2007, 80th Leg., R.S., Ch. 1242 (H.B. 2543), Sec. 10, eff. September 1, 2007.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle C - Control of Animal Diseases and Pests › Chapter 161 - General Disease and Pest Control › Subchapter B. Texas Animal Health Commission › Section 161.040. Rulemaking and Dispute Resolution Procedures

Sec. 161.040.  RULEMAKING AND DISPUTE RESOLUTION PROCEDURES.  (a)  The commission shall develop and implement a policy to encourage the use of:
(1)  negotiated rulemaking procedures under Chapter 2008, Government Code, for the adoption of commission rules; and
(2)  appropriate alternative dispute resolution procedures under Chapter 2009, Government Code, to assist in the resolution of internal and external disputes under the commission's jurisdiction.
(b)  The commission's procedures relating to alternative dispute resolution must conform, to the extent possible, to any model guidelines issued by the State Office of Administrative Hearings for the use of alternative dispute resolution by state agencies.
(c)  The commission shall designate a trained person to:
(1)  coordinate the implementation of the policy adopted under Subsection (a);
(2)  serve as a resource for any training needed to implement the procedures for negotiated rulemaking or alternative dispute resolution; and
(3)  collect data concerning the effectiveness of those procedures, as implemented by the commission.
Added by Acts 2007, 80th Leg., R.S., Ch. 1242 (H.B. 2543), Sec. 10, eff. September 1, 2007.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle C - Control of Animal Diseases and Pests › Chapter 161 - General Disease and Pest Control › Subchapter C. General Powers and Duties of Commission › Section 161.0411. Domestic and Exotic Fowl Registration

Sec. 161.0411.  DOMESTIC AND EXOTIC FOWL REGISTRATION.  (a)  A seller, distributor, or transporter of live domestic or exotic fowl in this state shall register with the commission under this section.  The commission may exempt from registration a person participating in a disease surveillance program recognized by the commission.
(b)  A person may apply for a certificate of registration or a renewal of a certificate of registration under this section by submitting an application and an annual fee prescribed by the commission.  A person must complete an application for a certificate of registration that includes a list of each location at which the person conducts the sale, distribution, or transportation of domestic or exotic fowl.
(c)  The commission shall adopt rules to administer this section, including rules relating to the testing, identification, transportation, inspection, sanitation, and disinfection of domestic and exotic fowl.
(d)  The commission shall prescribe and collect an annual fee for registration as a seller, distributor, or transporter of domestic or exotic fowl in this state.
(e)  The commission may set fees under this section in amounts that do not exceed the amounts necessary to enable the commission to recover the costs of administering this section.
(f)  A person commits an offense if the person knowingly violates this section or fails to comply with an order or rule adopted under this section.
(g)  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.
Added by Acts 2003, 78th Leg., ch. 1109, Sec. 1, eff. June 20, 2003.
2023 Texas Statutes › Agriculture Code › Title 6 - Production, Processing, and Sale of Animal Products › Subtitle C - Control of Animal Diseases and Pests › Chapter 161 - General Disease and Pest Control › Subchapter C. General Powers and Duties of Commission › Section 161.0412. Regulation and Registration of Feral Swine Holding Facilities

Sec. 161.0412.  REGULATION AND REGISTRATION OF FERAL SWINE HOLDING FACILITIES.  (a)  The commission may, for disease control purposes, require the registration of feral swine holding facilities.
(b)  To prevent the spread of disease, the commission may require a person to register with the commission if the person confines feral swine in a holding facility for slaughter, sale, exhibition, hunting, or any other purpose specified by commission rule.
(c)  Rules adopted under this section shall include registration requirements, provisions for the issuance, revocation, and renewal of a registration, disease testing, inspections, recordkeeping, construction standards, location limitations, and provisions relating to the treatment of swine in and movement of swine to or from a feral swine holding facility.
(d)  Rules authorized by this section may be adopted only for disease-control purposes.
Added by Acts 2007, 80th Leg., R.S., Ch. 1242 (H.B. 2543), Sec. 12, eff. September 1, 2007.